News
DeVos still won’t say federal law bars anti-LGBT discrimination
Education secretary insists schools must follow federal law

Education Secretary Betsy DeVos wouldn’t say charter schools are barred from anti-LGBT discrimination. (Blade photo by Michael Key)
Weeks after facing criticism for refusing to speak out in congressional testimony against anti-LGBT discrimination in charter schools, Education Secretary Betsy DeVos still won’t say federal law prohibits them from discriminating against LGBT students.
DeVos on Tuesday referred generally to rules under federal law in a testy exchange on whether she’d speak out against anti-LGBT discrimination in charter schools with Sen. Jeff Merkley (D-Ore.), who said the statute in this area is “somewhat foggy.”
Although DeVos acknowledged charter schools aren’t eligible for U.S. government money if they violate federal laws against discrimination, she dodged when asked specifically if charter schools under her plan would be able to discriminate against LGBT students.
“I said it before and I’ll say it again that schools that receive federal funds must follow federal law,” said DeVos, who’s promoting a Trump administration plan that calls for a $250 million increase in school voucher funds.
When Merkley insisted federal law is foggy and pressed DeVos again on whether anti-LGBT discrimination would be allowed under her proposal, she said, “On areas where the law is unsettled, this department is not going to be issuing decrees. That is a matter for Congress and the courts.”
Merkley interrupted to seek clarification, but DeVos would only repeat her deference to Congress and the U.S. Supreme Court when the law is unclear.
Visibly frustrated, Merkley said he interprets DeVos’ response to mean “where it’s unsettled, such discrimination will continue to be allowed under your program,” adding if that interpretation is incorrect, she should make a correction in the record.
Asked the same question as it pertains to discrimination against students on the basis of religion, DeVos’ response was no different.
“Again, for schools that receive federal funds, federal law must be followed,” DeVos said.
When Merkley demanded DeVos answer the question as it pertains to religious discrimination against students, she said, “Schools that receive federal funds will follow federal law. Period.”
The Oregon Democrat rebuked DeVos for a response he said is too vague.
“You’re refusing to answer the question,” Merkley said. “I think that’s very important for the public to know that today the secretary of education before this committee refused to affirm that she would put forward a program that bans discrimination based on LGBTQ status of students or bans discrimination based on religion.”
DeVos protested Merkley’s characterization of her words, denying her response indicated any support for allowing discrimination in charter schools.
“Sir, that’s not what I said,” DeVos said. “That’s not what I said. Discrimination in any form is wrong. I don’t support discrimination in any form.”
Merkley asked for a yes-or-no answer on whether DeVos’ program bans discrimination, the education secretary replied, “What program are you talking about?” Merkley said it was her charter and private school grant proposals, prompting DeVos to repeat her previous response.
“As I said before, and let me say it again, schools that receive federal funds need to follow federal law. Period,” DeVos said.
Interrupting DeVos, Merkley concluded, “You said the same thing 10 times without answering the question at all.”
Although she wouldn’t say federal law bars discrimination against LGBT students, DeVos’ general repudiation of discrimination in any form is different from an earlier exchange with Rep. Katherine Clark (D-Mass.). At the time, DeVos wouldn’t denounce discrimination in any capacity when asked about anti-LGBT or racial discrimination in charter schools.
Denouncing DeVos for her response was Sarah Kate Ellis, CEO of GLAAD, who said in a statement the secretary’s words were leaving LGBT students out in the cold.
“By once again turning a blind eye to LGBTQ students who experience discrimination in school, Secretary DeVos continues to prove why she was the wrong choice to lead our nation’s education system,” Ellis said. “DeVos once claimed she was an LGBTQ ally, but has now supported back to back policies that would erase LGBTQ students from classrooms. If she wants to be known as more than an anti-LGBTQ activist the time is now to reverse course.”
Federal law doesn’t explicitly ban anti-LGBT discrimination, but it does bar sex discrimination. Courts are increasingly interpreting those laws to prohibit discrimination on the basis of sexual orientation and gender identity. That’s likely what Merkley meant when he said existing federal law on the issue is “somewhat foggy.”
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin for any school accepting federal funds, and Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex for any school accepting federal funds. There is an exemption in Title IX for religious schools, but not for charter or secular private schools.
The Obama administration had issued guidance making clear Title IX precludes schools from barring transgender students from the restroom consistent with their gender identity, but DeVos along with U.S. Attorney General Jeff Sessions revoked it at the start of the Trump administration. Media reports indicated DeVos resisted that move and she later met with LGBT groups and transgender students at the Education Department.
Vanita Gupta, CEO of the Leadership Conference on Civil & Human Rights, said she’s “glad to hear” DeVos opposes discrimination, but called for action.
“Words alone are insufficient,” Gupta said. “She must use her authority as secretary to make that prohibition and those protections for students real. The department must also proactively support schools to prevent discrimination and intervene when the law is broken. This can’t just be about talk; students need and deserve action.”
Merkley is lead sponsor in the Senate of the Equality Act, comprehensive legislation that would make explicit a ban on anti-LGBT discrimination in every area of civil rights law, including education.
Canada
Monument to LGBTQ Canadians officially unveiled
Thunderhead honors those who suffered government-sanctioned discrimination
A monument that pays tribute to LGBTQ Canadians who suffered government-sanctioned persecution and discrimination officially opened in Ottawa on Aug. 21.
Former Prime Minister Justin Trudeau, Governor General Louise Arbour, and Women and Gender Equality Minister Rechie Valdez are among those who attended the ceremony.
A Canadian government press release notes Thunderhead, which is located on Parliament Hill, “recognizes the historic discrimination faced by 2SLGBTQI+ (two-spirit, lesbian, gay, bisexual, trans, queer, intersex, plus) people in Canada, including during the LGBT (lesbiennes, gaies, bisexuelles, trans) Purge.”
(French and English are Canada’s official languages.)
Trudeau in 2017 formally apologized to Canadians who suffered persecution and discrimination under the country’s anti-LGBTQ laws — including those convicted of “gross indecency” before Canada decriminalized consensual same-sex sexual relations — and policies. Trudeau also formally apologized to those who were fired from the Royal Canadian Mounted Police and the country’s military and civil service from the 1950s to the mid-1990s because of their sexual orientation or gender identity.
The Canadian government later settled a class action lawsuit that LGBT Purge victims filed.
The settlement funded the monument.
The Canadian government’s press release notes an “all Canadian team” from Winnipeg, Manitoba, designed it. The monument is also located on the Anishinabe Algonquin Nation’s traditional territory.
“It celebrates the resilience and achievements of those who fought for equality, educates visitors, and inspires the change still needed so that everyone can openly love who they love and express and identify themselves as they choose,” reads the press release.
“Thunderhead stands as a tribute to the lives, stories, and contributions of 2SLGBTQI+ people across Canada,” said Prime Minister Mark Carney on Facebook. “It’s reminder of the discrimination too many endured — and honors those who fought to build a country where everyone can live freely, safely, and with dignity.”
Baltimore
The fight to save one of Baltimore’s last gay bars
Leon’s closed in July after its owner’s death
By JULIE SCHARPER and WESLEY CASE | Soon after Jim Becker came out as gay in 1967, he ducked into a Mount Vernon bar called Leon’s.
In the dark, smoky bar, men used pseudonyms for fear of being outed, as homosexual acts were illegal in Maryland. Bartenders, wary of vice squad raids, would blow a whistle if couples leaned in for a kiss.
But to Becker, arriving at Leon’s was a kind of homecoming. He could explore his identity, connect with other gay men and build community in the anxious years before the 1969 Stonewall uprising, a pivotal moment in the LGBTQ rights movement.
The rest of this article can be read on the Baltimore Banner’s website.
Africa
When home becomes a journey: migration, memory, and the African diaspora
People carry pieces of previous lives wherever they go
Sometimes I wonder whether home is a place or a feeling.
I have lived in places where I never imagined I would stay. I have crossed borders I never expected to cross and spent years in refugee communities where people wake up each morning wondering what the future will bring. I have known Kakuma Refugee Camp in Kenya, spent time in Zambia and South Africa, and now live in Gorom Refugee Settlement in South Sudan.
So, when I think about migration, I don’t think first about passports, borders, statistics, or immigration offices.
I think about people.
I think about the mother who leaves everything behind because she wants her children to survive. I think about the young person crossing a border with little more than a phone, a few clothes, and memories of a life that may no longer exist. I think about the refugee who has spent years waiting for a durable solution and still doesn’t know where they will eventually call home.
Migration is often described simply as movement from one place to another. But sometimes it is much more than that.
It can mean leaving behind a version of yourself.
Africa has always been moving
Africa’s migration story did not begin with modern refugee camps or today’s international borders.
People have moved across this continent for generations. They have followed trade routes, searched for pasture and water, moved for marriage, education and employment, escaped conflict, and built new communities elsewhere.
Migration has always been part of African life.
Today, people move for many different reasons. Some flee war and political instability. Others escape persecution or discrimination. Some leave because they cannot find work or see a future for themselves. Others migrate to study, find employment, start businesses, join family members or simply seek new opportunities. There is an important distinction here.
Not every African migrant is a refugee.
A refugee is someone forced to leave because returning home is unsafe. An asylum seeker is someone seeking protection and waiting for a decision on their claim. Exile can mean living away from one’s homeland, sometimes unwillingly. The diaspora is broader still: it includes people of African origin living outside their country or continent, whether they left by choice or were forced to leave.
These words matter because behind each one is a human story.
When leaving is not a choice
I know what it means when leaving is no longer a choice.
Forced displacement takes something from you that is difficult to explain. You may still have your memories, your language and perhaps a few possessions, but the ordinary things that once made life predictable can disappear.
You begin again.
Sometimes you begin again in another country. Sometimes you begin again in a refugee camp.
My experiences in Kakuma taught me that displacement does not necessarily end when you cross a border and reach somewhere safer. The uncertainty can continue for years.
Now, in Gorom Refugee Settlement, I see that uncertainty in the lives of people around me. Mothers worry about food and the health of their children. Young people wonder whether they will return to education. Others wait for resettlement or another safe pathway while trying to build a life with very limited resources. There is a strange feeling in waiting.
You are physically present somewhere, but mentally you may still be traveling towards a future you cannot see.

What happens to identity?
One of the hardest questions migration raises is: Who am I when I am no longer where I came from?
A person can cross a border in a few hours. Identity doesn’t move that quickly.
You carry your accent.
You carry your food.
You carry your mother’s stories.
You carry songs you heard as a child.
You carry the names of people who may never know where you ended up.
You carry memories.
And sometimes you carry pain.
I have met people who have lived in several countries and can no longer give a simple answer when asked where they are from. They may have been born in one country, grown up in another, lived in a refugee settlement somewhere else and now dream of resettling in a fourth.
Does that make them less African?
I don’t think so.
Perhaps it makes their identity larger.
Carrying Africa across borders
The African diaspora is sometimes discussed as though it were simply a population scattered around the world. I see it differently.
People carry pieces of home wherever they go.
An African family living in Australia, Canada, Britain, the United States, or elsewhere may still cook the food they grew up eating. They may speak their mother tongue at home, send money to relatives, listen to African music, support community projects and remain closely connected to events thousands of miles away. Migration doesn’t necessarily erase belonging.
Sometimes it creates several belongings at once.
The diaspora also contributes enormously to communities back home. Remittances help families pay school fees, buy food, build houses, access healthcare and start businesses. Migrants also carry knowledge, professional experience, ideas and connections that can benefit communities across borders.
A person may leave Africa physically and still spend much of their life contributing to Africa.
That matters.
The price of being a migrant
But migration has another side.
Not every new country means a new beginning.
For some migrants, the journey leads to racism, xenophobia, exploitation, or discrimination. People can be judged because of their nationality, accent, skin color, immigration status or refugee identity.
Others discover that qualifications earned at home are not recognized. A professional becomes a cleaner. A teacher struggles to find work. A skilled worker is told to start again.
There is nothing wrong with honest work. The problem begins when someone’s dignity is reduced because they are a migrant.
For refugees, bureaucracy can become another form of suffering. A person can become a case number, waiting months or years for interviews, decisions, relocation opportunities, or family reunification.
But life doesn’t stop while the paperwork continues.
Children grow older, parents become sick, people lose loved ones, birthdays come and go and still the waiting continues.
I sometimes wonder whether the people making decisions about migration fully understand how heavy that waiting can become for someone sitting on the other side of the process.
Women, children, and LGBTQ refugees
Migration does not affect everyone in the same way.
Women often carry enormous responsibilities after displacement. They may become the main providers for their children while dealing with their own trauma and uncertainty.
Children experience displacement differently. They may not fully understand why they had to leave home, but they understand the absence of familiar faces, schools and routines.
Young people face another difficult question: how do you plan a future when you don’t know which country you will be living in?
For LGBTQ refugees, the journey can be even more complicated. Some leave because the place where they were born no longer feels safe for them. They may have experienced rejection, threats, violence or discrimination before they ever reached a refugee settlement.
And yet, even in such circumstances, people create community.
In Gorom, LGBTQ refugees and asylum seekers come from different African countries and backgrounds. We don’t always agree on everything. But we understand something important: when the world has already made you feel unwanted, having people around you who understand your experience can mean everything.
Community can become another form of home.
Should borders decide our worth?
I understand why countries have borders. Countries have laws and responsibilities.
But I sometimes ask myself a simpler question: Should crossing a border change the value of a human life?
A child doesn’t become less deserving of food because they were born on the other side of a political boundary.
A mother doesn’t become less worthy of safety because she crossed without the right document.
A refugee doesn’t stop being a human being while waiting for an immigration decision.
From a Humanist perspective, this seems straightforward to me. Human dignity should not depend on nationality.
We can have immigration systems and still treat migrants with compassion.
We can protect borders without forgetting that the people standing behind those borders are human beings.
We can disagree about migration policy without dehumanizing migrants.
That balance isn’t easy. But perhaps that is exactly why we need more humanity in conversations about migration.
What does home mean now?
I have asked myself this question many times: Where is home?
Is it where I was born?
Where I first felt safe?
Where my memories live?
Or perhaps home isn’t always a geographical location.
Maybe home can be the people who stand beside you.
Maybe it is the language you speak when you are emotional.
Maybe it is the smell of food that takes you back to childhood.
Maybe, after so much has been taken away, home becomes something you slowly rebuild.
My birthday falls on Sept. 12. Birthdays usually invite us to think about another year of life. But for someone who has experienced displacement, another birthday can mean something deeper.
It means I made it through another year.
I am still here.
And I think about the many refugees who don’t know whether they will be safe long enough to celebrate their next birthday. I think about children growing up in camps who deserve to celebrate their birthdays in a home they can call their own.
That thought stays with me.
We are more than where we come from
Migration has taught me that people cannot be reduced to the countries printed on their passports.
We are our memories, our relationships, our struggles, our dreams, and our choices.
Africa’s diaspora is not simply a story of people leaving Africa. It is also a story of people carrying Africa with them.
And the refugee experience is not simply a story of loss. It is also a story of survival.
I don’t know where my own journey will eventually take me. Perhaps that is one of the things migration teaches us: we can make plans, but life sometimes writes a different story.
What I do know is that every person deserves the chance to live without fear, to love without persecution, to work with dignity, to raise children safely and to imagine a future.
Borders may separate countries.
They should never separate us from our humanity.
If migration has taught me anything, it is that home is not always the place we left behind. Sometimes home is the safe place we are still searching for.
And sometimes, while searching, we become one another’s home.
