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Trump’s U.S. Census proposes, immediately cuts LGBT survey questions

Agency says proposed LGBT categories ‘inadvertently’ included in report

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The U.S. Census proposed, then removed LGBT questions in the U.S. Census and American Community Survey. (Photo courtesy the National LGBTQ Task Force.)

The inclusion of LGBT categories in the Planned Subjects for the 2020 Census Report unveiled on Tuesday must have been music to the ears of LGBT advocates seeking to include sexual orientation and gender identity in federal surveys. But the celebration was short-lived: The U.S. Census on the same day announced those categories were included in error.

Just days before its deadline, the U.S. Census delivered to Congress its report on planned subjects for the survey, including gender, age, race, ethnicity, relationship and homeownership status. Under law, the report is due three years before Census Day, with the next one set to occur April 1, 2020.

“Our goal is a complete and accurate census,” Census Bureau Director John Thompson said in a statement. “In planning for the 2020 Census, the Census Bureau has focused on improving its address list by using imagery, finding ways to increase household self-response, leveraging resources inside and outside the government, and making it easier and more efficient for census takers to complete their work. Furthermore, for the first time ever, the decennial will offer an online response option with the ultimate goal of improving question design and data quality while addressing community concerns.”

The report outlines the importance of including these questions in either the decennial U.S. Census or the newer and more detailed annual American Community Survey, which was established in 1985 and seeks to ascertain socio-economic and housing statistics.

But apparently an initial version of this report went too far. The U.S. Census issued a notice shortly afterward indicating the report was corrected because the initial appendix “inadvertently” included LGBT categories.

“The Subjects Planned for the 2020 Census and American Community Survey report released today inadvertently listed sexual orientation and gender identity as a proposed topic in the appendix,” the statement says. “The report has been corrected.”

The National LGBTQ Task Force has downloaded and published an unredacted copy of the report and posted on its website an image of the initial report and the redacted one that followed.

Neither the U.S. Census, nor the American Community Survey, had ever included questions about sexual orientation or transgender status. However, during the Obama years, other federal surveys included questions seeking to identify responders who are LGBT.

With efforts to streamline the decennial U.S. Census, the addition of LGBT questions would have been unlikely. The inclusion of LGBT categories in the report may indicate those categories were initially planned for the more detailed annual American Community Survey, then taken away.

The Blade has placed a call to the Census Bureau seeking comment on why the LGBT categories were included in the report in the first place and why those categories were removed.

LGBT advocates had been pressing for the inclusion of questions about sexual orientation and gender identity in federal surveys and criticized  the Trump administration for proposing to include them in the U.S. Census or American Community Survey, then immediately took them away.

Meghan Maury, criminal and economic justice project director for the National LGBTQ Task Force, said in a statement the cut is the latest step from the Trump administration “to deny LGBTQ people freedom, justice, and equity.”

“LGBTQ people are not counted on the Census — no data is collected on sexual orientation or gender identity,” Maury said. “Information from these surveys helps the government to enforce federal laws like the Violence Against Women Act and the Fair Housing Act and to determine how to allocate resources like housing supports and food stamps. If the government doesn’t know how many LGBTQ people live in a community, how can it do its job to ensure we’re getting fair and adequate access to the rights, protections and services we need?”

According to the Task Force, federal agencies have urged the Census Bureau to collect sexual orientation and gender identity data to aid with implementation of the law. Maury called on Congress “to conduct oversight hearings to reveal why the Administration made the last-minute decision not to collect data on LGBTQ people.”

The redaction of LGBT categories is similar to the proposal at the Department of Health & Human Survey to remove established questions seeking to identify LGBT elders in from the National Survey of Older Americans Act Participants, or NSOAAP. The survey is intended to evaluate the effectiveness of programs funded by the Older Americans Act, such as services for home-delivered meals, homemaker services and the National Family Caregiver Support Program.

Sarah Kate Ellis, CEO of GLAAD, said in a statement the removal of the proposed LGBT questions from the U.S. Census report demonstrates a systematic effort on behalf of the Trump administration to erase LGBT people.

“By erasing LGBTQ Americans from the 2020 U.S. Census, the Trump administration is adding a disgusting entry to a long list of tactics they’ve adopted to legally deny services and legitimacy to hard-working LGBTQ Americans,” Ellis said. “The Trump administration is trying hard to erase the LGBTQ community from the fabric of America, but visibility has always been one of the LGBTQ community’s greatest strengths.”

CORRECTION: An initial version of this article inaccurately reported transgender questions were never included in federal surveys, but at least federal surveys have included gender identity questions. The Blade regrets the error.

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Colorado

Five transgender, nonbinary ICE detainees allege mistreatment at Colo. detention center

Advocacy groups filed complaint with federal officials on April 9

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(Photo courtesy of GEO Group)

Five transgender and nonbinary people who are in U.S. Immigration and Customs Enforcement custody at a privately-run detention center in Colorado say they continue to suffer mistreatment.

The Rocky Mountain Immigrant Advocacy Network, the National Immigration Project and the American Immigration Council on April 9 filed a complaint with the Department of Homeland Security’s Offices for Civil Rights and Civil Liberties, Immigration Detention Ombudsman and Inspector General and ICE’s Office of Professional Responsibility on behalf of the detainees at the Aurora Contract Detention Facility near Denver.

Charlotte, one of the five complainants, says she spends up to 23 hours a day in her room. 

She says in the complaint that a psychiatrist has prescribed her medications for anxiety and depression, but “is in the dark about her actual diagnoses because they were not explained to her.” Myriah and Elsa allege they do not have regular access to hormones and other related health care.

Omar, who identifies as trans and nonbinary, in the complaint alleges they would “start hormone replacement therapy if they could be assured that they would not be placed in solitary confinement.” Other detainees in the complaint allege staff have also threatened to place them in isolation.

“They have been told repeatedly that, if they started therapy, they would be placed in ‘protective custody’ (solitary confinement) because the Aurora facility has no nonbinary or men’s transgender housing unit,” reads the complaint. “This is so, despite other trans men having been detained in Aurora in the past, so Omar is very likely receiving misinformation that is preventing them from accessing the treatment they require.”

Omar further alleges staffers told them upon their arrival that “they had to have a ‘boy part’ (meaning a penis) to be assigned to” the housing unit in which other trans people live. Other complainants say staff have also subjected them to degrading comments and other mistreatment because of their gender identity. 

“Victoria, Charlotte and Myriah are all apprehensive about a specific female guard who is assigned to the housing unit for transgender women at Aurora,” reads the complaint. “Victoria has experienced this guard peering at her through the glass on the door of her form. Charlotte, Myriah and the other women in her dorm experienced the same guard making fun of them after they complained that she had confiscated all of their personal hygiene products, like their toothbrushes and toothpaste, and replaced them with menstrual pads and tampons, which she knows they do not need.”

“She said something to them like, ‘If you were real women, you would need these things,'” reads the complaint. “The same guard told them that they had to ask her for their personal hygiene products when they wanted to use them, stripping them of their most basic agency.”

Victoria, who has been in ICE custody for more than two years, also says she does not have regular access to hormones. Victoria further claims poor food, lack of access to exercise and stress and anxiety because of her prolonged detention has caused has made her health deteriorate.

The GEO Group, a Florida-based company, operates the Aurora Contract Detention Facility.

Advocates for years have complained about the conditions for trans and nonbinary people in ICE custody and have demanded the agency release all of them.

Roxsana Hernández, a trans Honduran woman with HIV, on May 25, 2018, died in ICE custody in New Mexico. Her family in 2020 sued the federal government and the five private companies who were responsible for her care.

Johana “Joa” Medina Leon, a trans Salvadoran woman, on June 1, 2019, passed away at a Texas hospital four days after her release from ICE custody. Kelly González Aguilar, a trans Honduran woman, had been in ICE custody for more than two years until her release from the Aurora Contract Detention Center on July 14, 2020.

ICE spokesperson Steve Kotecki on Friday told the Blade there were 10 “self-identified transgender detainees” at the Aurora Contract Detention Center on April 11. The facility’s “transgendered units” can accommodate up to 87 trans detainees. 

A 2015 memorandum then-ICE Executive Associate Director of Enforcement and Removal Operations Thomas Homan signed requires personnel to allow trans detainees to identify themselves based on their gender identity on data forms. The directive, among other things, also contains guidelines for a “respectful, safe and secure environment” for trans detainees and requires detention facilities to provide them with access to hormone therapy and other trans-specific health care.

“U.S. Immigration and Customs Enforcement (ICE) is committed to ensuring that all those in its custody reside in safe, secure and humane environments,” said Kotecki. “ICE regularly reviews each case involving self-identified transgender noncitizens and determines on a case-by-case basis whether detention is warranted.”

The complaint, however, states this memo does not go far enough to protect trans and nonbinary detainees.

“ICE’s 2015 guidance has some significant flaws,” it reads. “It fails to provide meaningful remedies for policy violations. It does not acknowledge the challenges that nonbinary people face when imprisoned by ICE and the lack of such guidance explains why the needs of nonbinary people are largely misunderstood and unmet.”

“Further, the language used to describe people who are TNB is not inclusive and does not reflect terminology adopted by the community it is meant to describe,” adds the complaint. “Although this list is not exhaustive, it addresses some of the primary concerns voiced by the complaints.”

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The White House

Francisco Ruiz appointed director of White House Office of National AIDS Policy

Former CDC official is first Latino to run office

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Francisco Ruiz, director of the Office of National AIDS Policy. (Photo public domain)

Francisco Ruiz’s appointment as the director of the White House Office of National AIDS Policy has elicited widespread acknowledgment across various sectors.

Ruiz, a distinguished figure in public health with a history of collaboration and strategic partnerships, assumes the role as the first-ever Latino to serve as ONAP’s director, underscoring a commitment to diversity and inclusivity in addressing public health challenges.

In response to his appointment, Domestic Policy Advisor Neera Tanden underscored the Biden-Harris administration’s steadfast commitment to ending the HIV epidemic and enhancing the quality of life for people living with HIV. Ruiz himself acknowledged this sentiment, emphasizing that accelerating efforts to combat the HIV epidemic and improve the well-being of those affected remain a paramount public health priority for the White House.

Previously serving at the U.S. Centers for Disease Control and Prevention, Ruiz played a pivotal role in advancing national HIV prevention campaigns, particularly contributing to the goals of the Ending the HIV Epidemic in the U.S. Initiative. His experience in fostering strategic partnerships and ensuring sensitive prevention messaging has been noted as instrumental in reaching diverse communities across the country and in U.S. territories.

Ruiz in his new role will be tasked with accelerating efforts to end the HIV epidemic and improve the quality of life for people living with HIV. 

Guillermo Chacón, president of the Latino Commission on AIDS and founder of the Hispanic Health Network, expressed confidence in Ruiz’s ability to advance the national strategy to end the HIV epidemic.

“Mr. Ruiz is a respected public health leader and a fitting choice to ensure that the Biden-Harris administration meets the goal of ending the HIV epidemic in the United States and U.S. Territories,” said Chacón.

“Francisco Ruiz’s appointment signifies a renewed focus on addressing health disparities and promoting health equity, particularly for historically marginalized and underserved communities,” he added. “As a person living with HIV and the son of Mexican immigrants, Ruiz brings personal insight and professional expertise to his new role, ensuring that strategies to combat HIV/AIDS are scientifically grounded and connected with the experiences of those most affected.”

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Federal Government

FDA plans to lift ban on gay, bisexual sperm donors

Ban has been in place since 2005

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(Los Angeles Blade graphic)

The Food and Drug Administration is planning to lift its ban on sperm donations from men who have sex with men, according to a report in the Wall Street JournalThe report also says the FDA would simultaneously lift the ban on donations of other tissues and organs from gay and bisexual men.

The Wall Street Journal report suggests that the FDA could put out a draft of the new policy for public comment by the summer, with a final rule in place by the end of 2024 or early 2025.

Reached for comment, a spokesperson for the FDA would not confirm the Wall Street Journal story, but acknowledged that, “the FDA routinely reviews approaches regarding donor screening and testing for donors of human cells, tissues and cellular and tissue-based products (HCT/Ps) to determine what changes, if any, are appropriate based on technological and evolving scientific knowledge.” 

The FDA imposed the sperm donation ban on men who have sex with men in 2005, as part of an expansion on existing prohibitions on blood donations from gay and bisexual men which were meant to mitigate the risk that HIV could be spread through donations.

The policies stemmed from an erroneous belief that gay men were more likely to carry HIV, regardless of their individual behaviors and risk factors.

Last year, the FDA finally ended the ban on blood donations from men who have sex with men, which had been in place since the early days of the AIDS crisis. The FDA now requires that blood donors are screened based on individual behaviors in a gender-neutral manner, in addition to the donations themselves being tested for HIV and other blood-borne illnesses.

Alice Ruby, executive director of the Sperm Bank of California in Berkeley, says the lifting of the blood ban should provide a template for ending the sperm ban.

“I’m hoping it’s similar to the blood donation screening, where it’s based on behaviour, rather than being part of a population,” she says. “We test donors repeatedly for HIV as required by the FDA.”

The Sperm Bank of California has served many lesbian, bisexual and transgender people and Ruby says that she’s often told her clients would like a queer donor, to ensure that the biological father won’t be someone who disapproves of queer families. The ban removes that choice from would-be mothers.

The Sperm Bank of California has been opposed to the gay sperm donation ban since the policy was first proposed 20 years ago and has advocated in tandem with the National Center for Lesbian Rights for the policy to be scrapped.

“People are pretty unaware that the ban exists. I think there’s a lot of gay men who would be happy to contribute in this way, especially since a large number of people using sperm donation are LGBT couples and single people,” Ruby says.

Sperm banks across the country have been experiencing shortages of donor sperm, especially from donors of color. Opening the donor pool to gay and bi men could help ease the shortage. Ruby has told the Blade that the Sperm Bank of California has had to turn away gay and bi donors every week, up to 400 men in a single year.

When the FDA releases its draft policy around sperm donation, there will be a public comment period before the regulation is made final. Ruby says anyone interested opening up sperm donation to gay and bisexual men should submit a comment to support the change.

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