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Tyler Clementi Act reintroduced to prohibit anti-LGBT bullying

Legislation named for gay college student who died by suicide

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From left, Sen. Patty Murray (D-Wash.), Sen. Tammy Baldwin (D-Wis.) and Rep. Mark Pocan (D-Wis.) (Photo of Murray by Senate Democrats via Flickr; Washington Blade photos of Baldwin and Pocan by Michael Key)

With the goal of seeking to draw attention to anti-LGBT bullying at colleges and universities, Sen. Patty Murray (D-Wash.) and Rep. Mark Pocan (D-Wis.) reintroduced legislation Wednesday seeking to require higher education facilities to adopt policies against harassment.

The legislation, called the Tyler Clementi Higher Education Anti-Harassment Act, which is named for a gay college student who died by suicide in 2010 by throwing himself from the George Washington Bridge after he experienced cyberbullying during his first semester at Rutgers University. 

“No student should have to put their wellbeing, their safety, or their life in jeopardy just to access an education, but sadly we’re seeing students around the country take drastic measures because of bullying and harassment,” Murray said in a statement.

The legislation has 21 co-sponsors in the Senate, including lesbian Sen. Tammy Baldwin (D-Wis.), and 47 co-sponsors in the House.

“No student should have to live in fear of being who they are,” Baldwin said. “Our schools should not be, and cannot be, places of discrimination, harassment, bullying, intimidation or violence.”

Pocan said in a statement the legislation is especially needed in the aftermath of the Trump administration withdrawing protections for transgender students.  

“No student should be harassed or cyberbullied for who they are, or who they love,” Pocan said in a statement. “Bullying is a real and persistent danger for many LGBTQ students at our colleges and universities, but there is no federal legislation that specifically protects students from being targeted based on sexual orientation or gender identity. 

According to statement from Pocan’s office, 1 in 5 college students are victims of cyberbullying and LGBT students are nearly twice as likely to experience harassment as their peers.

The legislation seeks to prohibit anti-LGBT bullying by requiring colleges receiving federal aid to establish policies prohibiting harassment based on actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth and sex stereotypes), disability or religion.

The bill requires these schools to include their anti-harassment policy in a mandated security reported distributed to all students and employees annually and to all prospective students upon request. The legislation also recognizes “cyberbullying,” which is defined as harassment “undertaken through electronic messaging services, commercial mobile services, electronic communications and other technology.”

Further, the legislation authorizes a competitive grant program for institutions of higher education to foster programs to prevent student harassment; provide counseling to students who have been harassed or accused of subjecting other students to harassment.

Jane Clementi, the mother of Tyler Clementi and CEO of the Tyler Clementi Foundation, said in a statement she welcomed the reintroduced of the legislation.

“We believe all institutions of higher education should have policies to keep all their students safe,” Jane Clementi said. “Because every student deserves a positive educational experience in a safe environment free of harassment, bullying or humiliation, where they can learn, study and thrive regardless of their race, religion, sexual orientation, gender identity or whatever else makes them special and precious; and every parent should have peace of mind that their children will be protected and free of harm while in the schools care.”

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National

Bill to support LGBTQ+ seniors in rural areas reintroduced

‘LGBTQ+ elders and older people living with HIV live in every part of this nation & should be able to access services and care’

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(Washington Blade file photo by Lou Chibbaro, Jr.)

WASHINGTON – Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) reintroduced legislation to increase access to needed services and resources for LGBTQ+ seniors who live in rural areas this week.

The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging (AAA) located in rural communities to better serve and support LGBTQ+ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.

Recent surveys show that between 2.9 million and 3.8 million LGBTQ+ people live in rural American communities.

“LGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,” SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. “We commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.”

“LGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,” said Rep. Bonamici, Chair of the Equality Caucus’ LGBTQ+ Aging Issues Task Force.”Those who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.”

“The Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. I’m pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,” Bonamici added.

“Rural LGBTQI+ seniors have been lacking access to necessary services and care for too long,” said Pocan, Co-Chair of the Congressional LGBTQ+ Equality Caucus. “The Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.”

“Many of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,” said Rep. Davids. “While they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.”

The Elder Pride Act complements the Older American Act, which was updated under Bonamici’s leadership, by establishing a rural grant program designed to fund care and services for LGBTQI+ seniors. The grant would also support programs that:

• provide services such as cultural competency training for service providers;

• develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;

• expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,

• disseminate resources on sexual health and aging for senior service providers.

A fact sheet on the legislation can be found here, and the full text can be found here.

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Virginia

Youngkin vetoes bill that would have expanded Va. bullying definition

Bisexual state Del. Joshua Cole introduced House Bill 536

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Republican Virginia Gov. Glenn Youngkin speaks at a CNN Town Hall on March 9, 2023. (Screen capture via CNN)

Virginia Gov. Glenn Youngkin on Friday vetoed a bill that would have added sexual orientation, gender identity and expression to the state’s definition of bullying.

Lawmakers earlier this year approved House Bill 536, which bisexual state Del. Joshua Cole (D-Fredericksburg) introduced. 

“While I agree with the general purpose of the legislation, regrettably, the General Assembly did not approve my amendments,” said Youngkin in a statement. “Those recommendations would have expanded the definition of bullying to encompass all possible motives.”

“School administrators must work to prevent bullying and support our students’ mental health through a healthy learning environment, but the narrow definition provided in the legislation could be interpreted to exclude groups not included in the Virginia Human Rights Act, such as bullying victims raised with traditional values or those who are in foster care,” added the Republican.

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Congress

House ethics complaint filed over GOP staffer’s anti-trans email

Rep. Carol Miller’s chief of staff defended his actions

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Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), in 2012. (Screenshot/YouTube San Diego City Beat)

A federal government employee has filed a complaint to the U.S. House Ethics Committee over an email they received from Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), which contained combative and anti-trans language. 

The Washington Blade has seen the correspondence between the parties, in which the confrontation was apparently kicked off when the congresswoman’s top aide received an email that included the sender’s preferred pronouns in the signature box, triggering his reply.

Donnellan wrote, “As a father, it is disgusting that anyone would ever tell my son or daughter that something is wrong with them and they should take sterilizing hormones or have surgery to cut off their genitals.”  

“The fact that you support that ideology by putting pronouns in your signature is awful,” he said, adding, “You’re disgusting and should be ashamed of yourself. Don’t email me or anyone from my office ever again.” 

A senior government official told the Blade in a written statement that the email was not out of character for Donnellan:

 “I’ve heard from two colleagues several months apart about two separate transphobic emails, using identical language, from Matthew. Unfortunately these emails—though inconsistent with the typical collegiality one would expect from a Chief of Staff on the Hill—is likely a reflection of both increased partisanship on the Hill and a rise in anti-LGBTQ rhetoric from the right.

“Not only is this virtual, hate-filled temper tantrum unbecoming of a Chief of Staff, inappropriate, and unprofessional, it also hurts his boss’s constituents. DC is built on congressional staff, members of Congress, and executive officials being able to put aside their differences to find unlikely areas of commonality where they can work together. 

“Even some of the most progressive members, like [U.S. Reps. Alexandria Ocasio-Cortez (N.Y.) and Jerry Nadler (N.Y.)] have partnered with some of the most conservative members, like [U.S. Reps. Matt Gaetz (Fla.) and Jim Jordan (Ohio)], respectively, when they can find common ground. 

“Matthew’s refusal to work with an agency department or office just because a staffer has pronouns in their signature isn’t just hateful—it means he’s cutting off opportunities to deliver results for his boss’s constituents, especially in a divided Washington.”

Donnellan told the Blade by email that his response to the government employee is “a reply I send to anyone who uses pronouns or pushes gender ideology in any way.” 

“No one is ‘born in the wrong body’ and it’s horrific to tell anyone that they need genital mutilation surgery or sterilizing drugs,” he said. “People who push gender ideology, actively or passively, are awful and should be confronted every single time.”

“If the blunt reality of the terrible things that they are pushing is offensive to them then they should strongly reconsider what it this they believe and the harm that they are doing rather than simply trying to conform to liberal luxury beliefs,” Donnellan said. 

Addressing the complaint filed against him, Donnellan said, “I haven’t heard anything from Ethics and doubt that I will, they generally don’t waste their time with sheltered progressives being forced into the real world for the first time.”

A House Ethics Committee spokesperson declined to comment when asked if they could confirm receipt of the complaint.

Asked whether Miller might object to the way that she and her Congressional office are represented with these confrontational email exchanges, Donnellan said his boss’s “motto is ‘cut the bull’, and gender ideology is some of the biggest bull there is.”   

On Friday, the congresswoman’s son Chris Miller placed third in the Republican primary contest for West Virginia’s gubernatorial race, where the state’s Attorney General Patrick Morrissey secured his party’s nomination in a decisive victory with 33 percent of the vote. 

Leading up to the election, trans issues had emerged as a dominant focal point as the GOP candidates squared off against each other, with Miller’s campaign attacking Morrissey with allegations that he had profited from “the trans agenda” and backed a drug company that “helps turn boys into girls” when working as a healthcare lobbyist in Washington.  

In one ad that was paid for by a super PAC chaired by his father, Miller said the pronouns used by Morrissey are “money-grubbing liberal,” an interesting charge to level at the conservative Republican attorney general of West Virginia (even notwithstanding the fact that those three words are not pronouns but, rather, nouns and verbs.)

Declaring preferred pronouns in workplace email signatures has become commonplace in both the public and private sector, whether for purposes of sending an affirming message to transgender and gender expansive employees and officers or to mitigate the chances that either they or their cisgender counterparts might be unintentionally misgendered. 

The Biden-Harris administration has pushed for agencies to adopt the practice along with other measures and policies to advance the rights and wellbeing of trans and gender expansive employees across the federal government. 

In a 2021 announcement of the U.S. Department of Agriculture’s issuance of updated guidance on the agency’s email signature block, Michael Watts, director of civil rights for the U.S. Forrest Service, noted that “There are plenty of gender-neutral names out there, or names from other cultures that might not give you enough information to know their gender.” 

While the inclusion of pronouns was not made mandatory at USDA, he urged employees to “strongly consider taking this small but important step toward supporting inclusiveness in the workplace.” 

“The use of pronouns in our email signatures and getting into the habit of including pronouns in our introductions doesn’t really cost us anything,” Watts added, arguing that the move constitutes “a meaningful exchange to others and makes it easier for people to be respectful in how they address each other.”

“I just think it’s the right thing to do,” he said. 

Official guidance published by the U.S. Office of Personnel Management, which is responsible for administering policies across the U.S. federal civil service, stipulates that agencies should “take steps to provide the option for employees to include the pronouns they use in employee systems and profiles, including email signature blocks, employee directories and employee profiles.”

Some have gone further, such as by adding pronouns to email signatures for all employees, as the U.S. Department of State did in 2023, while others like USDA have established, as official policy, that “employees are encouraged to include their pronouns in the first line of their email signature block (e.g. he/him/his). Signature blocks are a simple and effective way for individuals to communicate their identified pronouns to colleagues, stakeholders, and customers.”

“For example,” the USDA writes, “adding pronouns to signature blocks also has the benefit of indicating to the recipient that you will respect their gender identity and choice of pronouns.”

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