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Judge refuses to dismiss bias case against Library of Congress

Lawsuit claims fired gay employee protected under U.S. Civil Rights Act

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Peter TerVeer, gay news, gay politics dc

Peter TerVeer was allegedly subjected to harassment based on his sexual orientation while working at the Library of Congress. (Washington Blade file photo by Michael Key)

A federal judge on March 31 ruled that a gay man who sued the Library of Congress for firing him in 2012 because of his sexual orientation has legal standing to claim he’s entitled to protection under Title VII of the U.S. Civil Rights Act of 1964.

In a 34-page opinion, U.S. District Court Judge Colleen Kollar-Kotelly denied a motion by the U.S. Attorney for D.C. that the discrimination lawsuit filed by former Library of Congress management analyst Peter TerVeer should be dismissed on summary judgment.

Kollar-Kotelly rejected the U.S. Attorney’s assertion that TerVeer failed to show he has standing to pursue his claim that he’s covered under the U.S. Civil Rights Act on grounds that he was subjected to illegal sex discrimination based on gender stereotyping as a gay man.

In a split ruling, Kollar-Kotelly granted the U.S. Attorney’s request to dismiss other claims by the lawsuit that the Library of Congress violated TerVeer’s constitutional rights as well as violated Library of Congress regulations and policies.

But according to TerVeer’s attorney, Christopher Brown of the D.C. law firm Ackerman Brown, the ruling upholding TerVeer’s ability to move ahead to trial on the Title VII grounds is an important development for gay rights.

“We are pleased that we will have the opportunity to develop these claims and present them in court,” Brown told the Blade. “In my opinion this represents movement forward for the LGBT community bringing us one large step closer to equal treatment under Title VII.”

He noted that had Kollar-Kotelly dismissed the lawsuit’s claim seeking redress under Title VII, as the U.S. Attorney had urged, the opportunity to push for Title VII protection for gay people would have been lost in this case.

Title VII of the famed 1964 Civil Rights Act bans discrimination based on race, religion, ethnicity, gender, and, according to recent court rulings, gender identity, but not sexual orientation by itself.

With legislation calling for banning job discrimination based on sexual orientation and gender identity stalled in Congress, gay rights attorneys have argued in cases similar to TerVeer’s that lesbians and gay men are covered under Title VII. The attorneys, including those with Lambda Legal, claim that anti-gay discrimination is based on sex discrimination – which is covered under Title VII – because its perpetrators perceive gay people as not conforming to traditional gender roles.

In prior decisions, federal courts have ruled that transgender people are covered under Title VII’s prohibitions against sex discrimination.

In his lawsuit, TerVeer charges that he was fired after being harassed and humiliated by a supervisor who repeatedly quoted biblical passages condemning homosexuality.

The lawsuit says although TerVeer was targeted because he’s gay, he encountered employment discrimination and harassment based on his gender, gender stereotyping and his religious beliefs, which he says didn’t conform to those of supervisor John Mech.

Mech and library officials have declined to comment on TerVeer’s allegations, saying they are bound by a Library of Congress policy of not discussing pending litigation.

Brown said the judge’s decision to grant the government’s motion to dismiss the constitutional and other legal claims by the lawsuit don’t pose a significant disadvantage to the case. He said those claims had been made as a backup in the event that the court dismissed the Title VII claims.

“As Plaintiff has alleged that Defendant denied him promotions and created a hostile work environment because of Plaintiff’s nonconformity with male sex stereotypes, Plaintiff has met his burden of settling forth ‘a short and plain statement of the claim showing that the pleader is entitled to relief’ as required by Federal Rule of Civil Procedure,” Kollar-Kotelly said in her ruling.

“Accordingly, the Court denies Defendant’s Motion to Dismiss Plaintiff’s sex discrimination claim (Count I) for failure to state a claim,” the judge stated in her ruling.

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The White House

Biden’s Pride month proclamation: ‘Our nation faces another inflection point’

States across the country have passed anti-LGBTQ laws

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The White House was lit in rainbow colors following the Respect for Marriage Act signing in December 2022. (Washington Blade photo by Michael Key)

Just as the 1969 Stonewall riots marked a transformational time for LGBTQ civil rights in America, the country now faces another critical inflection point, President Joe Biden said in the White House’s proclamation Wednesday honoring Pride month.

This moment is precipitated by the wave of hateful anti-LGBTQ legislation moving through state and local legislatures across the country and amid the escalating violence and threats of violence against the community, the statement notes:

“In 2023 alone, state and local legislatures have already introduced over 600 hateful laws targeting the LGBTQI+ community. Books about LGBTQI+ people are being banned from libraries. Transgender youth in over a dozen states have had their medically necessary health care banned. Homophobic and transphobic vitriol spewed online has spilled over into real life, as armed hate groups intimidate people at Pride marches and drag performances, and threaten doctors’ offices and children’s hospitals that offer care to the LGBTQI+ community. Our hearts are heavy with grief for the loved ones we have lost to anti-LGBTQI+ violence.”

Biden drew parallels between the “LGBTQI+ protestors” who “bravely stood their ground” against the law enforcement dispatched to arrest them more than 50 years ago and the youth organizers leading walkouts in response to discriminatory education laws, along with the “young people and their parents [who] are demonstrating unimaginable courage by testifying in state capitols in defense of their basic rights.”

The statement reaffirms the Biden-Harris administration’s commitment to standing “proudly with the LGBTQI+ community in the enduring struggle for freedom, justice and equality,” chronicling some of the major steps the administration has taken on this front.

Biden highlighted his issuance, on his first day in office, of an executive order prohibiting anti-LGBTQ discrimination, along with his signage last year of the Respect for Marriage Act, which codified protects for the rights of same-sex couples that might otherwise be jeopardized by the U.S. Supreme Court’s conservative supermajority.

The statement then noted the administration’s moves to protect LGBTQ youth by ordering federal agencies to: Combat conversion therapy, “end the crisis of homelessness among LGBTQI+ youth and adults,” and address anti-LGBTQ discrimination in foster care.

Meanwhile, Biden said, the Justice Department is fighting against discriminatory laws targeting transgender youth, while the U.S. Departments of Education and Health and Human Services have drafted rules that would better protect anti-LGBTQ discrimination “in healthcare, at school and in sports” and the White House is developing ways to combat online harassment and abuse that “disproportionately target LGBTQ people.”

Finally, the White House noted: Its rollout last year of the Suicide and Crisis Lifeline for LGBTQ youth, who can now reach specially trained counselors by dialing 988 and then three; the administration’s appointment of historic numbers of LGBTQ appointees at all levels of the federal government; and its repeal of bans preventing trans people from serving in the U.S. Armed Forces.

From passing federal nondiscrimination protections for LGBTQ Americans via the Equality Act to addressing “the crisis of violence against transgender women and girls of color,” Biden acknowledged the work that lies ahead.

“This month and every month,” his proclamation concludes, “let us celebrate the pride that powers the movement for LGBTQI+ rights and commit to doing our part to help realize the promise of America, for all Americans.”

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Pentagon

Defense secretary orders cancellation of drag show at Nev. Air Force base

Event was to have taken place at Nellis AFB on Thursday

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Photo courtesy of U.S. Air Force Public Affairs)

A previously scheduled drag show to kick off Pride month on the sprawling Nellis Air Force Base, an advanced combat aviation training facility for the U.S. Air Force northeast of Las Vegas, was cancelled Wednesday according to a Pentagon official, after U.S. Defense Secretary Lloyd Austin and Gen. Mark Milley, chairman of the Joint Chiefs of Staff, stepped in.

A Pentagon source familiar with the matter told the Washington Blade that Milley informed Air Force Chief of Staff Gen. Charles Q. Brown, Jr., that it is not Pentagon policy to fund drag shows on bases and the show needed to be canceled or moved off base. 

The issue over drag performances was a focus at a House Armed Services Committee hearing earlier this year on March 29, when anti-LGBTQ Congressman Matt Gaetz (R-Fla.) demanded in an angry tone that Austin and Milley explain why drag queen story hours were being hosted on U.S. military installations. The Florida Republican mentioned bases in Montana, Nevada, Virginia and Germany.

In a highly publicized incident in May 2022, Stars and Stripes reported that the Commanding General of the 86th Airlift Wing at Ramstein Air Force Base in Germany had a drag queen story time, that was to be held in honor of Pride month cancelled. 

According to Stars and Stripes, the 86th Air Wing’s public affairs sent a statement to a radical-right anti-LGBTQ news outlet in Canada, the Post Millennial, which had requested comment to its article about the event and also accused the Air Force of pushing a more “woke” agenda among servicemen. 

In a press release, U.S. Sen. Marco Rubio (R-Fla.) took partial credit for the cancellation.

Rubio sent a letter to U.S. Air Force Secretary Frank Kendall regarding the Air Force Library at Ramstein hosting a “Drag Queen Story Time” event for young children of servicemembers. 

Rubio urged him to cancel the event, discipline the staff involved in planning and hosting the event and respond to questions on whether other installations both at home and around the world have done similar events. Following receipt of Rubio’s letter, the Air Force canceled the event. 

“The last thing parents serving their nation overseas should be worried about, particularly in a theater with heightened geopolitical tensions, is whether their children are being exposed to sexually charged content simply because they visited their local library,” Rubio wrote.

Defense Secretary Lloyd J. Austin, III, and Gen. Mark Milley, chair of the Joint Chiefs of Staff, meet with U.S. Army Gen. Scott Miller at Joint Base Andrews in Maryland on July 14, 2021. (Photo by Carlos M. Vazquez, Department of Defense)

A Pentagon official referring to the drag show at Nellis said Milley was visibly angry about the decision to host the event on base after being informed about it earlier this week.

The drag show was scheduled for Thursday, but Maj. Gen. Case A. Cunningham, the commander of the U.S. Air Force Warfare Center at Nellis was informed in the past few days that it must either be canceled or moved off base. 

On May 23, Gaetz sent a letter to Austin and Milley, alleging that the “pervasive and persistent use of taxpayer dollars for drag events,” had a June 1 Nellis Air Force Base, Nev., event scheduled.

Gaetz went on to write that “Nellis Air Force Base has announced a so-called ‘family-friendly’ drag organized by the Nellis LGBTQ+ Pride Council for June 1, 2023. In this latest outright attack on children, this event is being advertised as having no minimum age requirement.” 

In his letter Gaetz also demanded to know: 

  • Does the DoD feel it’s appropriate for children to attend a sexualized drag performance?
  • Why are base commanders defying your intent and direction by facilitating drag events?
  • If this event goes forward, whether on June 1 or a later scheduled date, please provide an explanation regarding your justification for why you allowed the event to take place.

According to a spokesperson for the U.S. Air Force Warfare Center, Nellis, in June 2021 the base had hosted a Pride month drag show titled “Drag-u-Nellis.” The spokesperson noted the 2021 show was intended to promote inclusivity and diversity. 

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Alabama

Ala. extends ban on transgender female athletes to universities

Republican Gov. Kay Ivey signed bill on Tuesday

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Alabama Capitol (Washington Blade photo by Michael Key)

Governor Kay Ivey on Tuesday signed House Bill 261, which limits transgender students to playing sports in public colleges and universities only with “their biological sex assigned at birth.”

“Look, if you are a biological male, you are not going to be competing in women’s and girls’ sports in Alabama. It’s about fairness, plain and simple,”  said Ivey in a statement released by her office.

House Bill 261 was approved 26-4 in the Alabama Senate and 83-5 in the House of Representatives. In the vote in the House more than a dozen lawmakers abstained from the vote.

Ivey had previously signed legislation in 2021 banning trans female athletes from competing in K-12 girls sports. At the time she signed that bill the governor had noted that “Alabama remains committed to protecting female athletes at all levels and upholding the integrity of athletics.”

Carmarion D. Anderson-Harvey, Alabama state director of the Human Rights Campaign, said the legislation is part of a “systematic attack against LGBTQ+ people” in Alabama and elsewhere.

“In just two years, [Ivey] and extremist lawmakers in Alabama have passed four anti-LGBTQ+ bills. From dictating what bathrooms we can use to blatantly ignoring the actual problems in women’s sports, these politicians are making Alabama an increasingly hostile place for transgender people and the LGBTQ+ community as a whole,” Anderson-Harvey said.

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