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Gavin Grimm testifies on civil rights after 100 days of Trump

Panel witness decry review of consent decrees, voter ID laws

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Gavin Grimm, gay news, Washington Blade

Gavin Grimm testifies before Congress on April 6, 2017. (Screen capture courtesy Washington Blade Facebook)

Transgender student Gavin Grimm testified before Congress Thursday on the experience of his Virginia high school denying him access to the bathroom consistent with the gender identity as well as harms the Trump administration’s withdrawal of pro-trans guidance has caused for transgender people.

Gavin made the remarks during a congressional forum hosted by U.S. House Democrats on the state of civil rights after the first 100 days of the Trump administration. Witnesseses sharply criticized the Trump administration — in particular the U.S. Justice Department under U.S. Attorney General Jeff Sessions — for failing to live up to equal protection under the law.

Currently suing his school for bathroom access in a lawsuit the U.S. Supreme Court was once poised to consider, but later rejected, Gavin recalled the pain he felt during hearings in which the Gloucester County School Board decided to refuse to treat him consistent with his gender identity.

“World had spread throughout the community, and people turned up in droves,” Gavin said. “After each frenzied remark, clapping and hollering reverberated throughout the room. I sat while people called me a freak. I sat while my community got together to banish a child from public life for the crime of harming no one. I sat while my school board voted to banish me to retrofitted broom closets or the nurse’s room.”

As Gavin narrated his story, the microphone system for the room in the Rayburm House Office Building cut out, prompting one forum participant to quip, “The Democrats do not control this room.” Invited by Rep. John Conyers (D-Mich.), who was chairing the forum, to speak closer to the dais from a podium, Gavin continued his story.

Recalling the pledge from the White House that President Trump would be “respectful and supportive of LGBTQ rights,” Gavin said the administration’s decision to nix Obama-era guidance assuring transgender kids bathroom access in accordance with their gender identity “could not have been more damaging for trans youth.”

“The guidance had a very simple message: Treat trans students with dignity and respect them for who they are,” Gavin said. “Treating trans students with dignity and respect should not be controversial. The decision to withdraw the guidance sent a terrible message to some of the most vulnerable people that President Trump – the leader of our country – and his administration do not care about protecting you from discrimination.”

After Gavin completed his testimony, attendees at the forum clapped for a lengthy amount of time. Conyers commended him, saying he’s a “courageous young man and you deserve our support and applause.”

Catherine Lhamon, chair of the U.S. Commission on Civil Rights and former assistant secretary for civil rights at the Education Department under the Obama administration, made the transgender guidance rollback a major point of concern during testimony in which she said civil rights under the Trump administration has been “horrendous.”

“It will not surprise this body that that withdrawal offended me because I signed that guidance when I was assistant secretary of civil rights,” Lhamon said.

Lhamon called Trump administration claims the guidance was withdrawn because of improper procedure and incorrect interpretation of Title IX of the Education Amendments of 1972 “categorically untrue,” citing “the many years that all the relevant agencies” spent investigating the facts and speaking the school administrators.

“To think more that whether a federal law that Congress wrote that says explicitly that no person in the United States shall be subject to sex discrimination in school applies to transgender students questions the very humanity of transgender students,” Lhamon said.

Lhamon also took issue with the appointment of Roger Severino, a former researcher for the anti-LGBT Heritage Foundation, to the role of assistant secretary for civil rights at the Department of Health & Human Services. Once in the position of being critical of the Obama administration’s efforts to ensure transgender people have access to transition-related care, Severino will now be charged with protecting transgender people in health care.

“I will never forget how I heard from former HHS civil rights director about a case in which emergency medical professionals refused to treat a transgender women because she is transgender,” Lhamon said. “She later died, although she had a better than 35 percent of survival had she received appropriate and timely medical care. It should go without saying that the director of HHS civil rights should be committed to ensure the fair medical treatment for all persons, regardless of identity status.”

The issue of transgender rights was but one issue before the forum that sought to address the multitude of challenges the civil rights community after 100 days of the Trump administration.

Conyers, the top Democrat on the House Judiciary Committee, expressed a dismal view of the current state of civil rights as he chaired the forum, referencing a “documented loss in the overall climate of equality” and rise in hate violence since the 2016 election.

“Minority communities have been justifiably concerned about the continued role of the federal government in protecting civil rights,” Conyers said. “The Trump presidential campaign promised meaningful changes that would benefit minorities in the area of crime, equal justice and economic equality, his political allies and surrogates to the media have sent a different message that served to heighten national divisions and anxiety.”

DOJ criticized for consent decree review

A central issue was the decision this week of U.S. Attorney General Jeff Sessions to review the consent decrees the U.S. Justice Department had arranged with police departments after patterns of unconstitutional racial discrimination and excessive force, including the shootings of black men.

Chiraag Bains, senior fellow at Harvard Law School Criminal Justice Policy Program and former senior counsel to the assistant attorney general for civil rights under President Obama, cited the review as evidence the Justice Department has been “predictably disastrous” on civil rights.

“This administration insists that policing is a purely local matter into which the federal government should not intrude,” Bains said. “But we’re not talking about a federal takeover of these departments. We’re talking about the enforcement and protection of constitutional rights. There is no federalism problem.”

Ron Davis, former director of the Office of Community Oriented Policing Services at the Justice Department, invoked the words of 19th Century British statesman Robert Peel to describe the appropriate relationship between the police and communities as defined under the consent decrees.

“People comply with the law not because of they are afraid of the police, they comply with the law because they believes the law is fair, just and will be enforced appropriately and without bias,” David said. “People should be afraid of police. They should not have to run from them because they’re going to be deported or think that every infraction will result in arrest.”

But Sessions’ order to review the consent decrees was but one issue to witnesses pointed as evidence the Trump administration was failing to live up to responsibilities on civil rights.

Joe Rich, co-director of the Fair Housing & Community Development Project, raised as a civil rights issue the rollback of voter access to the polls, including early voting cutbacks and the imposition of state voter ID laws.

Although defenders of those laws say they’re intended to prevent voter fraud, Rich said that’s “very rare,” citing a recent study that found the incident rate of voter fraud ranges between .003 percent and .0025 percent.

“Given this tiny incident rate for voter impersonation, the report concluded that is more likely that an American will be struck by lightning than he will impersonate voter at the poll,” Rich said.

Rich said the Justice Department had “vigorously prosecuted” against the voter ID law in Texas for three years, but the U.S. government has “reversed course” with Sessions at the helm in “an action of great concern for all of us doing voting rights work.”

Roy Austin, former director of the White House Office of Urban Affairs, Justice & Opportunity under the Obama administration, took particular issue with the travel ban Trump signed barring immigration into the United States from six Muslim countries, calling it an attempt to “legalize discrimination against an entire faith.”

Although the administration billed the measure as an means to keep potential terrorists from the United States, Auston said “state-endorsed discrimination diminishes public safety.”

“In my humble opinion, this greatest current threat to civil rights in this great nation is this current administration,” Austin said. “In record time, the current administration has already shown not simply a willingness to not defend civil rights, but a shown an intent to violate civil rights, and, at a minimum, with an intent to make it easier for others to violate civil rights.”

Chief Hassan Aden, a member of the steering committee for Law Enforcement Leaders to Reduce Crime and Incarceration and former chief of police of the Greenville Police Department, took issue with greater authority of U.S. Customs & Border Protection to detain travelers entering the United States.

“What’s happening now is there’s sort of this second-class of American citizen being built out, and it involves names and religious preferences, and it’s something that we all need to resist and work against,” Aden said.

Aden recalled his own experienced this year being detained by CBP at JFK International Airport upon re-entry into the United States, which attributed to his Muslim-sounding name. Aden said this incident stands out because he travelled internationally in years past, including five times last year, without issue.

“My name being Hassan Aden, I think, set off a flag,” Aden said. “I utilized my platform and my reach to highlight this issue and give it a voice. There are so many people that this happens to. My detention was 90 minutes. There are people whose detention is significantly longer.”

Rep. Sheila Jackson Lee (D-Texas) held nothing back in her assessment of Trump on civil rights in the wake of the Justice Department reviewing consent decrees with police departments.

“This may be the Armageddon,” Lee said. “We may be seeing the most dangerous Department of Justice that we have seen in decades. I don’t think it is hyperbole; I don’t think it’s hysteria.”

Referencing the plight Gavin continues to face by being denied bathroom access in his school, Lee assured him, “You are not alone. We know the decision of the Supreme Court, but we’re not finished with bringing you relief.”

Other lawmakers present at the hearing were Rep. Bobby Scott (D-Va.), top Democrat for the House Committee on Education and the Workforce; Rep. Cedric Richmond (D-La.), chair of the Congressional Black Caucus; and Rep. Eddie Bernice Johnson (D-Texas).

At the end of the hearing, Lee asked Gavin for his thoughts on the impact of the Justice Department taking an ideological position against transgender rights, which Gavin would only be harmful.

“We see a very real and immediate negative impact on those communities,” Gavin said. “The transgender community is uniquely vulnerable already in that we have less legal protection, we have a higher rate of hate crimes, mental illness, homelessness, unemployment, and then to have a complete and total lack of administrative support, and, in fact, a presence of a administrative intimidation or disregard, the effects of such a negative message across the board would be absolutely devastating.”

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Comings & Goings

Freedman-Gurspan takes role in Mass. governor’s administration

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Raffi Freedman-Gurspan

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. 

Congratulations to Raffi Freedman-Gurspan on being appointed Associate Director, Federal Funding & Infrastructure Office, at the Massachusetts Executive Office for Administration & Finance. Freedman-Gurspan will be returning to her hometown of Boston and joining Gov. Maura Healey’s Administration. Freedman-Gurspan served in both the Obama and Biden administrations as well as worked in LGBTQ and redistricting advocacy during her 11 years in D.C. 

Freedman-Gurspan was the first openly transgender person on the White House staff when she worked for President Obama. She most recently served at the U.S. Department of Transportation in former Secretary Pete Buttigieg’s office, as Deputy Director of Public Engagement. Previously she worked with the National Redistricting Action Fund/The All On The Line Campaign, as Deputy States Director.  She worked for the National Center for Transgender Equality (NCTE) as Director of External Relations. In the Obama White House, she worked in the Office of Public Engagement, as Senior Associate Director. She was the White House Liaison to the LGBTQ community responsible for management of all public inquiries on matters regarding LGBTQ people, including recommending public responses to senior leadership, assisting in drafting administration talking points, and coordinating stakeholder engagement with the White House offices.  She worked with the White House, Presidential Personnel Office (PPO), as Outreach and Recruitment Director.  

Prior to that she was on the staff of Commonwealth of Massachusetts, House of Representatives Office of State Rep. Carl Sciortino, as legislative director, and worked for the City of Somerville, Health Department, Office of Commissions, Somerville, Mass., as LGBTQ Liaison.  

Freedman-Gurspan served on the United States Holocaust Memorial Council, the Presidentially Appointed Council; and as a member, and Board Member, Boston University, College of Arts and Sciences, Women’s, Gender & Sexuality Studies Program.

She earned her bachelor’s degree in Political Science and Norwegian, concentration in Nordic Studies, from St. Olaf College, Northfield, Minn.  

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District of Columbia

Murdered Israeli embassy officials were supporters of D.C.’s LGBTQ synagogue

Bet Mishpachah calls fatal shooting outside Capital Jewish Museum ‘devastating’

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Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, Oct. 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind & Al Munzer)

The two Israeli embassy officials who were shot to death outside D.C.’s Capital Jewish Museum Wednesday evening, May 21, were strong supporters of Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, according to a statement it released.

“We are especially devastated by the loss of our dear colleague and friend of Bet Mishpachah, Sarah Milgram, and her soon to be fiancé, Yaron Lischinsky,” the LGBTQ synagogue said in a May 22 statement.

“Sarah was the liaison between Bet Mishpachah  and the Israeli Embassy, working closely with our staff and clergy,” the statement says. “Her warmth, professionalism, and deep commitment to building bridges within the Jewish community made her not only a trusted partner but a beloved part of our extended congregational family,” according to the statement.

A statement also released on May 22 by the office of the United States Attorney for the District of Columbia says Chicago resident Elias Rodriguez, 30, has been charged with two counts of first-degree murder along with other weapons related charges in connection with the shooting deaths of Milgram and Lischinsky. 

Officials with the D.C. police and the FBI, which has joined D.C. police in continuing to investigate the case, have said Rodriquez arrived in D.C. from Chicago one day prior to the shooting and appears to have targeted an event taking place at the Capital Jewish Museum for violence at the time it was hosting an event called “Young Diplomats Reception,” in which Israeli Embassy officials were in attendance.

Police and FBI officials have said Rodriguez allegedly shot Milgrim and Lischinsky after they left the Capital Jewish Museum at the conclusion of the event. The museum is located at 575 3rd Street, N.W.

“Surveillance footage reportedly shows Rodriquez walking past the victims before turning and firing multiple rounds,” the U.S. Attorney’s statement says. “After the victims fell, he allegedly continued firing at close range, including as one attempted to crawl away,” it says, adding, “Investigators recovered a 9 mm handgun and 21 spent shell casings at the scene.”

Police have said Rodriguez walked into the Capital Jewish Museum after the shooting and was detained by security guards until D.C. police arrived. Witnesses said he began to shout, “free, free Palestine” before police took him into custody. 

“Make no mistake, this attack was targeted, antisemitic violence,” said Steven Jenson, an FBI assistant director working on the investigation. “The FBI will continue to pursue all leads and use all available resources to investigate this heinous murder,” he said in the statement. 

The fatal shooting took place five days after the Capital Jewish Museum opened a special exhibition called “LGBT Jews in the Federal City” on May 16. “This landmark exhibition explores a turbulent century of celebrations, activism, and change in the nation’s capital by D.C.’s LGBTQ+ Jewish community,” the museum said in a statement announcing the exhibition.

Photos and documents related to Bet Mishpachah make up a prominent part of the exhibition.

During a May 22 press conference organized by the U.S. Attorney for D.C., Jeanine Pirro, to provide an update on the investigation into the two murders, Pirro and FBI official Jensen referred to the two murders as a hate crime and terrorist act. 

In response to a question from the Washington Blade asking if investigators were looking into whether the LGBTQ exhibition at the Capital Jewish Museum might have played some role in Gonzales’s motive for targeting the museum, Pirro responded to the question.

“So, we are looking into absolutely everything,” she said. “There is so much information we’re looking at. And I must tell you, coming from New York, I’ve never seen the cooperation and coordination that I’m seeing here. It was immediate. It was instant. It was coordinated. And my hat’s off to this area. We’re going to clean it up, thank you,” she said in ending the press conference.

Josh Maxey, Bet Mishpachah’s executive director, said he and Israeli Embassy official Milgram became friends during their two-and-a-half-year interaction working on joint events between the embassy and Bet Mishpachah.

“This became a wonderful two and a half years journey of putting events together, of hosting events together, doing different programs for the community,” Maxey told the Blade. Among the activities the two worked on, he said, was the embassy’s annual LGBTQ Pride event.

Maxie said his own grieving over the death of Milgram and her boyfriend Lischinsky was heightened by the fact that he spoke with her by phone on the day of the shooting shortly before she arrived at the Jewish Museum over plans about this year’s LGBTQ Pride events.

“Sarah really championed us to be included in Israeli events,” Maxey said. “And so, I am just devastated that this true embodiment of an ally was so viciously and violently taken away from us.”

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Delaware

Delaware marriage equality bill advances out of committee

Measure will now go before full state Senate

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Sen. Russ Huxtable introduced the measure to protect same-sex marriage in Delaware. (Washington Blade photo by Daniel Truitt)

The bill that would amend Delaware’s state constitution to codify same-sex marriage advanced out of the Senate Executive Committee on Wednesday and now goes to the Senate chamber for a vote. If passed, the vote would go on to the House. 

Three members of the committee voted favorable and one voted on its merits, meaning the member recommends the chamber take action on the legislation but does not take a position on what action should be taken. 

Senate Bill 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware and has 21 co-sponsors. It is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex. 

The Wednesday committee meeting heard testimony on SS 1 for SB 100 from individuals and organizations, including John Reynolds, Deputy Policy and Advocacy Director of Delaware’s chapter of the American Civil Liberties Union. 

“After hard fought recent victories, the rights of LGBTQ Americans are under attack in many places across our country,” Reynolds said during his testimony. “It is important that Delaware be proactive and serve as a firewall protecting individual civil liberties. SS 1 for SB 100 is an example of this important work cementing the protections for marriage equality in our state constitution.”

According to Sen. Huxtable, the ACLU helped provide feedback on some of the bill’s language. Reynolds said the ACLU thought it was important to testify because this is a moment when so much is changing.

“These attacks are not just on specific communities, they’re on this concept of equality and liberty,” Reynolds told the Washington Blade. “We need to build these firewalls to both prevent harm to folks on the frontline of these attacks but also ensure that we don’t set very problematic and damaging standards that can be used to roll back protections for large [swaths] of our population.”

SS 1 for SB 100 requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state constitution without a vote of the people. 

The Respect for Marriage Act was passed by the United States Congress in 2022 and signed into law by then-President Joe Biden. It codifies the right to same-sex and interracial marriage, requiring all states to recognize validly performed marriages from other states, regardless of whether they allow same-sex marriage within their own borders. 

In Virginia, a bill codifying marriage equality was signed into law in 2024. California, Colorado and Hawaii have also passed amendments to codify same-sex marriage into their constitutions. 

“We at the ACLU of Delaware are very excited that SS 1 for SB 100 passed out of committee yesterday,” Reynolds said. “It represents both Sen. Huxtable and the Delaware Legislature’s clear commitment to proactively protecting people’s rights within the LGBT community and outside to ensure that in this moment of uncertainty, we don’t sit idly by and wait for the worst to happen but take control of the things that we can to build the communities that we want.”

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