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White House: Tennessee anti-trans bathroom bill ‘mean-spirited’

Earnest defers comment on whether bill will result in loss of fed’l funds

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Josh Earnest, gay news, Washington Blade
Josh Earnest, White House, Barack Obama Administration, press, gay news, Washington Blade

White House Press Secretary Josh Earnest (Washington Blade photo by Michael Key).

Anti-transgender bathroom legislation moving forward in the Tennessee state legislature is just as “mean-spirited” as newly enacted anti-LGBT laws in North Carolina and Mississippi, White House Press Secretary Josh Earnest said Tuesday.

Earnest denounced the Tennessee bill in response to a question from the Washington Blade on whether passing the measure, House Bill 2414, would result in a loss of federal funding for the state as predicted by Tennessee Attorney General Herbert Slattery in an opinion Monday.

“What I can tell you is that the administration is firmly committed to promoting and defending equal rights for all Americans, including LGBT Americans,” Earnest said. “Specific laws like this that seek to target and marginalize one small segment of the population is nothing less than mean-spirited. That was true when they passed similar provisions in places like North Carolina and Mississippi, and it’s true as it’s being considered in a place like Tennessee.”

Similar to North Carolina’s controversial anti-LGBT law House Bill 2, Tennessee’s HB 2414 would prohibit transgender students from using public restrooms and locker rooms consistent with their gender identity.

Alluding to companies that have publicly criticized the North Carolina anti-LGBT law and, in some cases, withheld business from the state, Earnest warned Tennessee it could be subject to economic penalties if HB 2414 becomes law.

“What’s also true in Tennessee is that that state has thrived in part because of their ability to make their case across the country that they’ve got a great climate to do business,” Earnest said. “Passing mean-spirited bills through the state legislature is not a good endorsement of your business climate and ultimately individuals businesses will have to make their own decisions about this.”

Recalling the history of racial discrimination and Jim Crow laws in South, Earnest also said Tennessee should take heed of its past before deciding to enact legislation targeting a minority community.

“I think what is also true is states like Tennessee, and to a certain extent, North Carolina and Mississippi, have a long history over the last couple generations of working through questions of civil rights,” Earnest said. “President Obama has talked on a number of occasions about the important progress that our country has made with regard to civil rights. This is a good illustration that the fight for civil rights is not over, and demanding equality for every American and ensuring that Americans are not singled out because of their sex, or their race, or what their last name is, or their religion, or who they love or who they are is a struggle that continues. And the president every time is going to be on the side of equality and justice for every American.”

Earnest deferred to federal agencies on whether HB 2414 would result in a loss of federal funding for Tennessee, which is estimated to receive $1.2 billion a year under Title IX of the Education Amendments of 1972.

“This is a question individual agencies have been considering after previous states have passed these bills into law,” Earnest said. “I don’t know what mechanism is in place for agencies to consider those kinds of questions in advance of the law being passed.”

The Blade has placed a request in with the Department of Education seeking comment on whether the measure would affect Title IX funding for Tennessee.

The reviews by the federal agencies of the anti-LGBT laws in North Carolina and Mississippi remain going and Earnest said he doesn’t know when those investigations would be complete.

“I don’t have an expectation for that,” Earnest said. “You’ll have to talk to the individuals agencies about that. They’re obviously coordinating their agencies along themselves, and they’re obviously doing this work in conjunction with the Department of Justice because there was important legal questions that had to be resolved, but I don’t have an update for you in terms of what that will be.”

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1 Comment

1 Comment

  1. Brian's Ions

    April 12, 2016 at 11:39 pm

    “Nothing less than mean-spirited,” eh?

    Once again Obama’s White House elevates state anti-LGBT discrimination laws with mild criticism, empty rhetoric and dodging the questions.
    ——————
    **
    “Specific laws like this that seek to target and marginalize one small segment of the population is nothing less than mean-spirited.

    Earnest deferred to federal agencies on whether HB 2414 would result in a loss of federal funding for Tennessee, which is estimated to receive $1.2 billion a year under Title IX of the Education Amendments of 1972. **
    **

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Comings & Goings

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Troy Cline, gay news, Washington Blade
The 'Comings & Goings' column chronicles important life changes of Blade readers.

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Shin Inouye, gay news, Washington Blade
Steven McCarty

Congratulations to Steven McCarty on being named president of the Kiwanis Club of Washington, D.C. He said, “I’m honored to be installed as the president of the Kiwanis Club of Washington, D.C. and to be able to shepherd our programs and volunteers to impact youth where they are needed most. Our club’s new partnership with SMYAL has already turned a portion of their Youth Center in Southeast D.C. into the first Clinical Services Department in the District that offers free and affirming mental healthcare to LGBTQ Youth. As an openly gay man, I’m proud to further our club’s mission with radical empathy and inclusion.” McCarty has also recently been awarded Kiwanis’ highest honor, the George Hixson award.

McCarty is a Technical Program Specialist at stac labs in D.C. He is also founder and campaign manager at Abolish Racism 2020. He worked as a Senior Customer Success Manager,  Crowdskout. He was a workplace equality intern at Human Rights Campaign and a summer fellow at Michigan State AFL-CIO, in Lansing, Mich. 

McCarty earned his bachelor’s in Political Science and Communications Studies at the University of Michigan in Ann Arbor.

Congratulations also to Shin Inouye on his appointment as Executive Vice President of Communications, The Leadership Conference on Civil Rights and Human Rights, The Leadership Conference Education Fund. 

Wade Henderson, interim president and CEO of The Leadership Conference and The Education Fund said, “We are thrilled Shin Inouye will be taking on even greater responsibilities on our senior leadership team. His incredible talent and commitment to this organization and our work are truly outstanding, and his strategic leadership will no doubt continue moving us forward in the fight to protect and advance civil and human rights.”

Inouye has held a number of positions with the organization including Managing Director of Communications. Inouye also held a number of high-level positions in the Obama administration, including Press Secretary and Acting Senior Adviser for Intergovernmental and External Affairs, Department of Homeland Security, U.S. Citizenship and Immigration Services; Adviser for Intergovernmental and External Affairs, Executive Office of the President; White House Office of Communications: Director of Specialty Media; and served as an authorized spokesperson for the Obama Inaugural Committee, with a focus on specialty media outlets, including LGBTQ, AAPI, Native American, Youth/College, Faith, and Jewish press. Prior to that Inouye was Communications Director in the Office of Congressman Jerrold Nadler (N.Y.) and has also worked for the ACLU and as a summer intern with the American Chamber of Commerce in Japan. 

Inouye received a number of honors including being named One of 25 “LGBTI next generation leaders to watch” by Out in National Security and the Atlantic Council; and One of “40 Asian American Pacific Islander National Security & Foreign Policy Next Generation Leaders” by New America and the Diversity in National Security Network.

Shin Inouye
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World

Petition urges White House to develop plan to protect LGBTQ Afghans

Taliban regained control of country on Aug. 15

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Two men in Kabul, Afghanistan, in July 2021 (Photo courtesy of Dr. Ahmad Qais Munzahim)

More than 10,000 people have signed a petition that urges the Biden administration to do more to help LGBTQ Afghans who remain in Afghanistan after the Taliban regained control of the country.

The Human Rights Campaign; the Council for Global Equality; Immigration Equality; Rainbow Railroad; the Organization for Refuge, Asylum and Migration and the International Refugee Assistance Project on Friday presented to the White House the petition that urges the administration to adopt “a 10-point action plan … to expedite and ease the refugee and asylum process for LGBTQI Afghans.”

The same six groups last month urged the Biden administration to adopt a plan that would “prioritize the evacuation and resettlement of vulnerable refugee populations, including LGBTQI people, and ensure that any transitory stay in a third country is indeed temporary by expediting refugee processing.” The groups, among other things, asked the White House to “speak out forcefully against human rights abuses by the new Taliban regime and any increased targeting of vulnerable communities, including LGBTQI people, and use existing mechanisms to sanction and hold accountable perpetrators of human rights abuse.”

The Taliban entered Kabul, the Afghan capital, on Aug. 15 and regained control of the country.

A Taliban judge in July said the group would once again execute people if it were to return to power in Afghanistan.

Rainbow Railroad and Immigration Equality are among the other groups that have continued their efforts to evacuate LGBTQ Afghans since American troops completed their withdrawal from the country on Aug. 30. Some of the 50 Afghan human rights activists who Taylor Hirschberg, a researcher at the Columbia Mailman School of Public Health who is also a Hearst Foundation scholar, has been able to help leave the country are LGBTQ.

“We reiterate our call for President Biden to adopt the 10-point policy plan which will expedite and ease the refugee process for LGBTQI Afghans,” said Human Rights Campaign Senior Vice President for Policy and Political Affairs JoDee Winterhof in a press release. “The 10,000+ people who signed our petition have demonstrated that they want the United States, long a beacon of refuge for those fleeing persecution, to take action to protect LGBTQI Afghans—a vulnerable group who risk oppression, even death, simply for who they are or who they love. Now is the time for action.”

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Utah

VIDEO: Utah deal promoted as national model for LGBTQ rights, religious liberty

Data finds state has 2nd highest support for LGBTQ rights

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(Screen capture via YouTube)

A new video from the premier LGBTQ group in Utah, challenging the idea LGBTQ rights must be at odds with religious liberty, promotes an agreement reached in the state as a potential model to achieve a long sought-after update to civil rights law at the federal level.

The video, published Friday by Equality Utah, focuses on a 2015 agreement in Utah between the supporters of LGBTQ rights and the Mormon Church to enact a compromise acceptable to both sides. The agreement by those two sides led to an LGBTQ civil rights law in the state, which has Republican control of the state legislature and the governor’s mansion.

Troy Williams, executive director of Equality Utah, says in the video dialogue is key to achieving meaningful success, whether its among the people of Utah, a state legislature or lawmakers in Congress.

“When you are working with LGBT rights in a state like Utah, and you want to advance legal equality, you can’t do it without working with Republicans, with conservative, with people of faith,” Williams says.

Williams, speaking with the Washington Blade over a Zoom call, said the main audience for the video is people on “the center right and the center left” willing to listen to other side when it comes to LGBTQ rights and religious liberty.

“People that have the courage to reach out to each other, and sit down across from each other and say, ‘Hey look, let’s hammer this out,” Williams said. “That’s who my audience is.”

Not only did Utah enact non-discrimination protections for LGBTQ people, but the state under a Republican governor administratively banned widely discredited conversion therapy for youth. When lawmakers proposed legislation that would ban transgender youth from competing in school sports, the proposal was scuttled when Gov. Spencer Cox (whom Williams called a “super Mormon”) said he’d veto it after it came to his desk.

Marina Gomberg, a former board for Equality Utah, is another voice in the video seeking dispel the narrative religious liberty and LGBTQ rights are in conflict.

“in order to protect LGBTQ people, we don have to deny religious liberty, and in order to provide protections for religious liberties, we don’t have to deny LGBTQ people,” Gomberg says. “The idea that we do is a fallacy that Utah has dismantled.”

In July, new polling demonstrated the surprisingly the Utah, despite being a conservative state, has the second highest percentage of state population in support for non-discrimination protections for LGBTQ people. The data Public Religion Research Institute from 77 percent of Utah residents support LGBTQ people, which is just behind New Hampshire at 81 percent.

Tyler Deaton, senior adviser for the pro-LGBTQ American Unity Fund, said the Utah agreement demonstrates the possibility of reaching an agreement at the federal level once “second order” issues are put into perspective.

“The first order question has to be how are we winning the culture,” Deaton said. “Do people even want to pass the bill? And if they do, you then figure out the details.”

The American Unity Fund has helped promote as a path forward for LGBTQ non-discrimination at the federal level the Fairness for For All Act, legislation seeking to reach a middle ground on LGBTQ rights and religious freedom. Polling earlier this year found 57 percent of the American public back a bipartisan solution in Congress to advance LGBTQ civil rights.

Supporters of the Equality Act, the more established vehicle for LGBTQ rights before Congress, say the Fairness for For All Act would give too many carve-out for LGBTQ rights in the name of religious freedom. The Equality Act, however, is all but dead in Congress and has shown no movement in the U.S. Senate.

Skeptics of the Utah law would point out the law doesn’t address public accommodations, one of the more challenging aspects in the fight for LGBTQ rights and one or remaining gaps in civil rights protections for LGBTQ people in the aftermath of the U.S. Supreme Court’s decision last year in Bostock v. Clayton County. As a result, it’s perfectly legal in Utah for a business owner to discriminate against LGBTQ coming as patrons.

Williams, however, shrugged off the idea the lack of public accommodations protections in Utah make the agreement in the state makes it any less of a model, making the case the spirit behind the deal is what matters.

“I think copying and pasting Utah’s law doesn’t work for lots of reasons,” Wililams said. “What’s most important is a model of collaboration because when you are sitting around the table with each other — Democrats and Republicans, LGBTQ people and people of faith — that’s when the transformation happens. That is when the mutual respect is really forged.”

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