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U.S. agencies to celebrate Pride month, but without Cabinet secretaries

White House silent on whether Trump will issue Pride proclamation

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Secretary of State Mike Pompeo, Defense Secretary James Mattis and HUD Secretary Ben Carson aren’t attending Pride celebrations hosted by their agencies. (Washington Blade photos of Pompeo and Carson by Michael Key; photo of Mattis public domain)

With Pride month approaching, many U.S. agenciesĀ in the second year of the Trump administration are continuing plans to hold celebrations for their LGBT workers, although Cabinet leaders will be absent and some annual events are in question.

The absence of Cabinet leaders at these events stands in contrast to the Obama years when they were featured speakers at the celebrations, wished LGBT federal workers a happy Pride and reflected on the significance of the annual event.

Meanwhile, President Trump has an opportunity to reverse his decision last year to ignore the occasion and issue a proclamation recognizing June as Pride month, which was the custom of former Presidents Obama and Clinton. Obama also each year in office hosted a reception at the White House with LGBT leaders to commemorate Pride.

Any Trump Pride proclamation would stand out and raise questions after a year of LGBT rollbacks in his administration since last June that include a transgender military ban, the Justice Department’s decision to exclude LGBT people from protections under federal civil rights law and “religious freedom” executive actions that would enable anti-LGBT discrimination.

The White House didn’t respond to repeated requestsĀ from the Blade in the past two weeks to comment on whether Trump would recognize Pride either with a proclamation or a reception, nor would White House Press Secretary Sarah Huckabee Sanders call on the Blade during her regular news conference in that time period, which has been her custom since taking on the role.

A handful of U.S. departments and agencies already have plans in place for events recognizing June as Pride month, despite rollbacks in those departments on LGBT rights.

Most prominent is an event DOD Pride is hosting June 11 at the Pentagon Center Courtyard. The event is consistent with Pride celebrations at the Pentagon that started in the Obama years and continued in the first year of the Trump administration, but it’s the first one that takes place after Trump instituted his transgender military ban, which he first announced on Twitter in July 2017.

Although federal courts have blocked the Defense Department from enforcing the ban as litigation against it moves forward, since those rulings Defense Secretary James Mattis has issued recommendations affirming transgender people should be excluded from the armed forces with few exceptions. Any appearance by him at a Pride celebration would contradict that sentiment.

Asked if Mattis will attend, a member of DOD Pride said the organization instead invited Deputy Defense SecretaryĀ Patrick Shanahan, but he’s unable to attend due to a scheduling conflict. Invitations to the rest of Pentagon leadership were set to go out Monday, the DOD Pride member said.

At the State Department, the LGBT affinity group for foreign service officers, GLIFAA, has coordinated with the State Department’s Office of Civil Rights and will host an internal event for employees on June 5, where Deputy Secretary of State John Sullivan and Rep. Mark Takano (D-Calif.) are scheduled to speak.

But in the aftermath of Senate confirmation of Mike Pompeo as secretary of state, GLIFAA has also opted to invite a different official.Ā As a member of the U.S. House representing Kansas, Pompeo built an anti-LGBT record and once suggested homosexuality is a “perversion” ā€” a topic on which Sen. Cory Booker (D-N.J.) grilled the secretary of state during his confirmation hearing.

David Glietz, president of GLIFAA, said the organization opted to invite Sullivan as opposed to Pompeo because Pompeo’s confirmation was uncertain at the time the event was planned.

“The event was planned prior to Secretary Pompeo’s confirmation and at the time we were unsure when he would be confirmed and arrive in the department,”Ā Glietz said. “Therefore, we opted to request the Deputy attend as the most senior department official at the time of planning.”

At the Department of Housing & Urban Development, HUD Pride is holding two events. One event on June 6 is on the legal landscape of LGBT access to housing and shelter, and a panel discussion on June 20 on the same topic.

Much like the other affinity groups, HUD Pride is coordinating to have the deputy secretary speak as opposed to the Cabinet member. A HUD Pride official said the main event would be the June 20 panel, but HUD Secretary Ben Carson won’t attend because he’s already scheduled for travel that week. Instead, HUD Pride has invited Deputy SecretaryĀ Pam PatenaudeĀ and is hoping for confirmation soon.

Had Carson attended, it would have been months after he expressed concerns about allowing transgender people access to homeless shelters consistent with their gender identity ā€” the very topic the panel is set to discuss. During a congressional hearing in March, Carson said the issue is “complex,” citing concerns by women whom he said donā€™t want to use bathroom facilities with ā€œsomebody who had a very different anatomy.ā€

At the Education Department, an email from LGBTQ & Allied Employees at ED was sent out highlighting two events recognizing Pride. One discussion set for June 19 is titled “Highlighting Difference with Children.” Another event in July is set to discuss Supreme Court cases related to LGBT issues and will feature speakers from the Education Department’s Office of the General Counsel.

An Education Department employee said Secretary Betsy DeVos was invited to attend, but there’s “not a chance” she’d make an appearance. DeVos’ participation in the event on children would stand in contrast to her decision not to take up complaints from transgender kids whose schools have blocked their bathroom access, while taking part in the panel discussion on the Supreme Court would be noteworthy after she said she wouldn’t reverse that policy until the Supreme Court or Congress acts on the issue.

Pride celebrations at other U.S. agencies are in question altogether. The Commerce Department in the first year of the Trump administration held an event recognizing Pride, although Commerce Secretary Wilbur Ross didn’t attend. Months after Ross issued an equal employment statement that excluded LGBT workers ā€” then corrected it ā€” a Commerce Department official told the Blade the department has no plans to host a similar event this year.

At the Justice Department, the situation is similar. A DOJ Pride member said he’s “not at liberty to comment” on whether the Justice Department would hold a Pride celebration. The DOJ Pride member referred the Blade to the Justice Department’s public affairs office, which didn’t respond to a request for comment.

No Pride events at the Justice Department would be a change. DOJ Pride has coordinated Pride celebrations in the Great Hall of the Justice Department even during the George W. Bush administration. Former U.S. Attorney General Michael Mukasey spoke during the last year of the Bush administration, and U.S. Attorneys General Eric Holder and Loretta Lynch addressed DOJ Pride during the Obama years.

Last year, a Pride celebration took place in the Great Hall under Attorney General Jeff Sessions, although the event wasn’t confirmed until June, Sessions didn’t attend and the Blade was kicked out when attempting to cover the event. Over the course of the Trump administration, Sessions has spearheaded the legal framework for LGBT rollbacks, including “religious freedom” guidance that would enable anti-LGBT discrimination.

At the Department of Health & Human Services, a member of One HHS, the affinity group for the HHS LGBT employees, said independent of the organization the department’s equal employment opportunity office is planning a Pride event.

It’s unclear whether HHS Secretary Alex Azar, whose department established a Religious Freedom & Conscience Division enabling medical practitioners to refuse service to transgender people, would take part. The HHS public affairs office didn’t respond to the Blade’s request for comment.

One agency scheduled to host a Pride event is the U.S. Small Business Administration, which is coming off a controversy after deleting material for LGBT businesses from its website at the start of the Trump administration. The material wasn’t restored until last week after complaints from House Democrats and LGBT small business leaders.

Blade Editor Kevin Naff was the keynote speaker at the SBA Pride event last year. SBA Administrator Linda McMahon wasn’t there, but an SBA official read a statement from her expressing support for Pride month. This year, a notice was sent out the event will take place either June 14 or June 19 and would be titled, “Remember the Past, Create the Future.”

Carol Wilkerson, an SBA spokesperson, said SBA is hosting the event and that it would include participation from the local LGBT Chamber of Commerce, although the time isn’t yet set. Asked if Administrator McMahon will make an appearance, Wilkerson replied, “Once the date is confirmed we will know more.”

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Federal Government

HHS reverses Trump-era anti-LGBTQ rule

Section 1557 of the Affordable Care Act now protects LGBTQ people

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U.S. Department of Health and Human Services Secretary Xavier Becerra (Public domain photo)

The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities. 

The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.

ā€œThis rule ensures that people nationwide can access health care free from discrimination,ā€ said HHS Secretary Xavier Becerra. ā€œStanding with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.ā€

The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.

ā€œHealthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Actā€™s healthcare nondiscrimination law,ā€ said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.

ā€œThe Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,ā€ Gonzalez-Pagan added. ā€œThe rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community ā€” especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities ā€” to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.ā€

In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administrationā€™s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.

Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule,Ā Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.

These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.

GLAAD President Sarah Kate Ellis released the following statement in response to the news:

ā€œThe Biden administrationā€™s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Todayā€™s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.ā€

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy ā€œthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā€

Moore on Thursday also signed House Bill 1386, which GLSEN notes will ā€œdevelop guidelines for an anti-bias training program for school employees.ā€

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā 

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