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Trump’s HHS appoints anti-trans activist to protect trans health

Severino a former staffer with the anti-LGBT Heritage Foundation

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Roger Severino, gay news, Washington Blade

Roger Severino, director of the DeVos Center for Religion and Civil Society, Institute for Family, Community, and Opportunity at the Heritage Foundation. (Image courtesy C-Span)

Much to the consternation of LGBT rights supporters, the Trump administration has appointed to head the civil rights division of the Department of Health & Human Services a former staffer with the anti-LGBT Heritage Foundation who wrote extensively against the civil rights of transgender people.

A series of statements from LGBT advocates came out Thursday over the appointment of Roger Severino, who until this week was director of the DeVos Center for Religion & Civil Society for the Heritage Foundation.

Winnie Stachelberg, executive vice president for external affairs at the Center for American Progress, gave no quarter in a statement over the Severino’s appointment and its implications for transgender health.

ā€œFrankly, it is sick that President Trump would appoint Roger Severino to lead OCR ā€“ putting a man who made his career opposing healthcare non-discrimination laws in charge of enforcing those very same protections,ā€ Stachelberg said. ā€œBefore the Affordable Care Act, insurance companies routinely denied equal treatment to same-sex couples and more than half of private insurance plans explicitly discriminated against transgender patients, with more than a quarter of transgender people reported being denied medical care by a provider. Severinoā€™s writing makes it clear that he wants to take us back to the days when 1 in 4 transgender people was refused medical care outright.ā€

Among the posts Severino wrote for The Daily Signal, the blog for the Heritage Foundation, were in opposition to LGBT people, especially transgender rights. After the White House came out against a provision in a congressional defense spending package that would have allowed anti-LGBT discrimination among federal contractors, Severino wrote a post called “Obama Threatens to Veto Military Bill Because It Protects Religious Groups.” After the Pentagon lifted its ban on openly transgender service, Severino wrote a post called “Pentagonā€™s Transgender Policy Defies Common Sense.”

Severino also defended North Carolina’s anti-LGBT House Bill 2, which prohibits transgender people from using the restroom in schools and government buildings consistent with their gender identity. Decrying the “unrelenting and coordinated attacks” against the state for enacting the law, Severino criticized former U.S. Attorney General Loretta Lynch for filing a federal lawsuit against the measure, which he said amounted to progressives “using government power to coerce everyone, including children, into pledging allegiance to a radical new gender ideology.”

Marguerite Bowling, a spokesperson for the Heritage Foundation, defended Severino in response to concerns he’d seek to undermine transgender health in his role at HHS.

“Roger Severino has a distinguished record of fighting for the civil rights and freedoms of all Americans,” Severino said. “We have no doubt that Roger in his new role at HHS will protect the civil rights of all Americans.”

As head of the HHS civil rights division, Severino would be charged with enforcing Section 1557 of Obamacare, which prohibits discrimination on the basis of race, sex, disability and age in health programs. The Obama administration interpreted the prohibiting on sex discrimination to bar discrimination against transgender people in health care, including the refusal of gender reassignment surgery.

Wade Henderson, outgoing CEO of the Leadership Conference on Civil & Human Rights, said in a statement the office of civil rights at HHS requires “strong and experienced leadership” to enforce Section 1557, and Severino is “not that leader.”

“Since enactment of the ACA seven years ago today, members of The Leadership Conference have strongly advocated for the full and complete implementation of Section 1557,” Henderson said. “In his previous position at the Heritage Foundation, Mr. Severino repeatedly denounced and actively worked to oppose OCRā€™s implementation of Section 1557. These actions call into question his ability to fully enforce the ACA and protect communities of color and other underserved populations, who are most at risk for unequal access to health and health care.”

It should be noted U.S. District Judge Reed O’Connor has enjoined the enforcement of the Obamacare regulation interpreting Section 1557 to apply to transgender people. The Trump administration missed a deadline to appeal the decision to the U.S. Fifth Circuit Court of Appeals, but the American Civil Liberties Union is seeking to intervene to defend the regulation.

Harper Jean Tobin, policy director for the National Center for Transgender Equality, said Severino could still do “a number of things” to impact transgender protections under Section 1557 as litigation proceeds.

“The government will now have to make a decision, and OCR is ostensibly the client DOJ in this decision, as to whether to ensure, as the government normally would in a case like this, that federal law and the federal regulation interpreting it and applying the federal law is defended, that a rule overturning it is reviewed by a higher court,” Tobin said. “I think the fear is that OCR and DOJ could sort of work together to have this injunction made permanent without any review by a higher court, which would be highly unusual and really inappropriate.”

After a rule-making process consisting of many years and with two separate comment periods, Tobin said letting the injunction against the regulation stand would be “tantamount to repealing the regulation without going the required rule-making process and instead just acceding to a fringe legal position by one district court judge.”

Tobin added OCR has other responsibilities related to transgender health, such as the federal health care privacy law, or HIPAA, which assures privacy for transgender people in health care settings.

“Up until now, OCR has in cases involving transgender people, just as it does for everybody else, acted to enforce the laws to protect their privacy, but given Mr. Severino’s aggressively hostile work to dismantle any kind of legal protections for transgender people, we’re worried about what kind of direction the agencies would take on those bedrock protections,” Tobin said.

Caitlyn Oakley, an HHS spokesperson, had no comment in response to concerns from LGBT advocacy groups that Severino wouldn’t protect transgender health in his new role.

“We arenā€™t commenting on personnel at this time,” Oakley said.

Matt McTighe, executive director of Freedom for All Americans, said in a statement Severino appointment to HHS and his anti-trans history spells trouble for transgender health.

“Roger Severino has a proven track record of opposing fair and equal treatment for the transgender community,” McTighe said. “He is a dangerous pick for a position that is meant to enforce critical civil rights protections. This is yet another example of the Trump administration’s failure to live up to the president’s campaign promise of protecting LGBT people and it will have devastating consequences for transgender people across the country.”

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Federal Government

Biden-Harris administration takes major step toward reclassifying marijuana

New regulations could lessen criminal penalties for cannabis

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President Joe Biden discusses his administration's move toward reforming drug policy on cannabis (Screen capture: X)

The U.S. Department of Justice on Thursday took a major step toward loosening the federal government’s regulation of marijuana by issuing a Notice of Proposed Rulemaking to the Drug Enforcement Administration, which outlines a proposal to reclassify it under the federal Controlled Substances Act.

The move comes pursuant to the Biden-Harris administration’s April 30 announcement of plans to recategorize cannabis as a Schedule III substance, which could substantially lessen the criminal penalties for those convicted of using, possessing, selling, distributing, or cultivating the drug.

A 60-day public comment period will begin after the NPRM is published on the Federal Register, along with a concurrent review of the proposed regulatory reforms by an administrative law judge assigned by the DEA.

Since the CSA was passed in 1971, cannabis has been listed under Schedule I, the category reserved for drugs that are considered to be the most dangerous and lacking any currently accepted medical use in the U.S.

In a press release, a senior administration official noted that “marijuana is currently classified higher than fentanyl and meth ā€“ the drugs driving our Nationā€™s overdose epidemic.”

President Joe Biden posted a video on X in which he said the proposal to house cannabis under the Schedule III regulatory regime constitutes “an important move towards reversing longstanding inequities.”

“Todayā€™s announcement builds on the work weā€™ve already done to pardon a record number of federal offenses for simple possession of marijuana,” the president said. “It adds to the action weā€™ve taken to lift barriers to housing, employment, small business loans, and more for tens of thousands of Americans.”

“Look folks no one should be in jail for merely using or possessing marijuana,” Biden said. “Period.”

The president added, “Far too many lives have been upended because of a failed approach to marijuana and Iā€™m committed to righting those wrongs. You have my word on it.”

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U.S. Federal Courts

4th Circuit rules Montgomery County parents cannot opt children out of LGBTQ-specific lessons

Lawsuit filed in May 2023

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(Bigstock photo)

A federal appeals court on Wednesday ruled a group of Montgomery County parents cannot ā€œopt outā€ their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents filed their lawsuit in May 2023.

An American Civil Liberties Union press release notes the lawsuit challenges Montgomery County Public Schools’ policy that “mandates the inclusion of literature with LGBTQ+ characters as part of the ELA (English and Language Arts) curriculum, aiming to promote understanding and acceptance among students.” 

“Although the district originally allowed parents to opt their children out of some ELA lessons, it rescinded the opt-out policy because the number of requests grew too difficult to manage, student absenteeism soared, and it created a stigmatizing environment for students who are LGBTQ or have LGBTQ family members, undermining the purpose of the inclusivity requirement,” said the ACLU.

U.S. District Judge Deborah L. Boardman of the U.S. District Court for the District of Maryland ruled against the parents. The 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld the decision.

ā€œWeā€™re talking about books like ā€˜Pride Puppy,ā€™ which is light-hearted and affirming,ā€ said ACLU of Maryland Legal Director Deborah Jeon in a press release. ā€œDuring a time of intensifying calls to ban books and limit access to information about LGBTQ+ people and identities, this ruling in support of inclusion in education matters.ā€

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National

Jimmy Carter’s grandson says his grandfather nearing the end

Former president has been in hospice for more than a year

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Former President Jimmy Carter being interviewed by CBS News in 2006. (CBS News YouTube screenshot)

BY JILL NOLIN | The grandson of former President Jimmy Carter provided an update on his grandfatherā€™s condition Tuesday at the Rosalynn Carter Symposium on Mental Health Policy, which was the first held since the former first ladyā€™s death.

Grandson Jason Carter said he visited his grandfather at his home in Plains a couple weeks ago to watch an Atlanta Braves baseball game.

ā€œI said, ā€˜Pawpaw, people ask me how youā€™re doing, and I say, I donā€™t know.ā€™ And he said, ā€˜well, I donā€™t know myself,ā€™ā€ Jason Carter said during the event at the Carter Center in Atlanta. ā€œHeā€™s still there.ā€ 

Jimmy Carter, who at 99 years old is the longest lived president, has been in hospice care since early 2023. Rosalynn Carter, his wife of 77 years, died in November.

Jason Carter said he believes his grandfather is nearing the end.

ā€œThereā€™s a part of this faith journey that is so important to him, and thereā€™s a part of that faith journey that you only can live at the very end. And I think he has been there in that space,ā€ Jason Carter said. 

His grandfatherā€™s time in hospice care has been a reminder of the work Rosalynn Carter did to advance caregiving and mental health, he said.

ā€œThe caregiving associated with mental health and mental illness is so crucial and so fundamental to the work that we all do in this room and to her legacy that it is remarkable and important, and weā€™ve all experienced it very first hand over the last year so we give thanks for that as well,ā€ Jason Carter said. 

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Jill Nolin

Jill Nolin has spent nearly 15 years reporting on state and local government in four states, focusing on policy and political stories and tracking public spending. She has spent the last five years chasing stories in the halls of Georgiaā€™s Gold Dome, earning recognition for her work showing the impact of rising opioid addiction on the stateā€™s rural communities. She is a graduate of Troy University.

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The preceding article was previously published by the Georgia Recorder and is republished with permission.

The Georgia Recorder is an independent, nonprofit news organization focused on connecting public policies to the stories of the people and communities affected by them. We bring a fresh perspective to coverage of the stateā€™s biggest issues from our perch near the Capitol in downtown Atlanta. We view news as a vital community service and believe that government accountability and transparency are valued by all Georgians.

Weā€™re part of States Newsroom, the nationā€™s largest state-focused nonprofit news organization.

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