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HUD proposes rule change to gut trans protections at homeless shelters

Proposal undermines Obama-era policy issued by Julian Castro

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U.S. Secretary of Housing and Urban Development Ben Carson (Washington Blade file photo by Michael Key)

In an abrupt reversal after assurances that non-discrimination policies at Department of Housing & Urban Development would remain in place, the Trump administration is proposing a rule change to gut protections for transgender people seeking to stay at federally funded homeless shelters.

In a notice published Wednesday by the White House Office of Management & Budget, the administration proposes a rule in which shelter providers with sex-segregated facilities — such as bathrooms or shared sleeping quarters — “may establish a policy” consistent with state and local laws in which operators consider a range of factors when determining where to place individuals looking to stay, including “religious beliefs.”

“The proposed rule permits shelter providers to consider a range of factors in making such determinations, including privacy, safety, practical concerns, religious beliefs, any relevant considerations under civil rights and nondiscrimination authorities, the individual’s sex as reflected in official government documents, as well as the gender which a person identifies with,” the notice states.

The notice added the proposed rule “does not dictate a required basis for making determinations other than that they be consistent with an overall policy” and “continues HUD’s policy of ensuring that its programs are open to all eligible individuals and families regardless of sexual orientation or gender identity.”

But the proposed rule, nonetheless, undermines a rule issued in 2016 under the Obama administration and former HUD Secretary Julian Castro, now a 2020 Democratic presidential hopeful, which clarified the LGBT non-discrimination Equal Access Rule for federally funded housing applies to homeless shelters.

The proposal contradicts assurances from current Secretary of Housing & Urban Development Ben Carson, who has stated he had no intention of undermining LGBT non-discrimination policies at HUD.

Just this week, Carson told a House committee that HUD had no plans for revising the Equal Access Rule, stating, “I’m not going to say what we will do in the future about anything. I’m not currently anticipating changing the rule.”

(HUD under Carson, however, had previously withdrawn guidance informing homeless shelters of their obligations to LGBT people seeking to stay at their facilities. In an exchange with Rep. Mike Quigley (D-Ill.), Carson said he wouldn’t issue new guidance because LGBT advocates wouldn’t like what the Trump administration offered.)

Mara Keisling, executive director of the National Center for Transgender Equality, called the proposed rule “a heartless attack on some of the most vulnerable people in our society.” 

“The programs impacted by this rule are life-saving for transgender people, particularly youth rejected by their families, and a lack of stable housing fuels the violence and abuse that takes the lives of many transgender people of color across the country,” Keisling said. “Secretary Carson’s actions are contrary to the mission of his Department and yet another example of tragic cruelty of this administration.”

A staggering 40 percent of homeless youth identify as LGBT, according to the Williams Institute at the University of California, Los Angeles. According to the 2015 U.S. Transgender Survey, one in three transgender people reported being homeless in their lifetime and one in eight were homeless in the last year.

The Washington Blade has placed a request with HUD seeking comment on how the department could issue the rule without undermining assurances to keep LGBT non-discrimination policies in place.

The public has 60 days to comment on the proposal upon its publication in the Federal Register. If the Trump administration deems the measure appropriate, the rule will then become final after an unspecified amount of time passes.

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Pennsylvania

Pride Franklin County welcomes rural LGBTQ community

Pennsylvania organization planning October celebration

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When Pride Franklin County held its first Pride celebration in 2018, it sought to address a lack of LGBTQ programming in rural southern Pennsylvania. Greeted by more than 1,000 attendees at its inaugural event, Pride Franklin County’s leadership was reassured the event was something the area not only wanted, but needed. Since the onset of the COVID-19 pandemic, the local organization has once again sought to address community needs — in new and broadened ways.

Pride Franklin County operates under the Franklin County Coalition for Progress, a local social justice nonprofit that formed in the wake of the 2016 presidential election. “We live in a very rural, conservative area, but that election was a turning point all across the country,” explained Noel Purdy, a founder of Pride Franklin County and founder and president of FCCP.

“People came out of the woodwork who were worried about the LGBTQ community … and other populations that had experienced different forms of oppression in our community,” Purdy explained. This interest in supporting the local LGBTQ community led to a group of LGBTQ community members and allies leading the 2018 Pride celebration.

“We just really wanted to create a space where people know that they’re accepted, no matter who they are,” said Nathan Strayer, vice president of FCCP and a founder of Pride Franklin County. “We want people to know that you fit in. There are a lot of people here that are going to love you.”

But in 2020, at the peak of the event’s popularity — Strayer noted that upwards of 3,000 people attended Pride the year prior — Pride Franklin County had to cancel its programming in light of public health concerns. 

With the “momentum” it has going, Strayer explained that the organization did not want the pandemic to limit its ability to serve the Franklin County community: “ That’s when we really decided to make the entire initiative something bigger,” he said. “We’re not just here to throw a party.”

In 2021, the organization began advocating for a local non-discrimination ordinance codifying inclusivity for all community members, regardless of their identity. The Borough of Chambersburg Council, which represents the largest borough in the county, adopted the ordinance that fall — a major win for LGBTQ activists and allies in a rural Pennsylvania county that leans conservative socially and politically.

Yet, just months after the organization celebrated its achievement, new council members were elected in the borough in January 2022, and soon thereafter a majority of the council decided to repeal the non-discrimination ordinance.

While the ordinance’s revocation greatly disappointed Pride Franklin County, it also reminded its leaders and activists how much work was left to be done.

“From the growth of Pride to the pushback we’ve gotten from some of our elected officials here locally, it’s definitely lit a fire in us to continue pushing ahead so that we can truly make Franklin County an inclusive place for everyone,” Strayer emphasized.

This year, the organization launched its Franklin County Welcoming Project, which spearheads public displays of support to the LGBTQ community. In June, the organization received a media grant to create billboard and radio advertisements throughout the county advocating for inclusivity within the Franklin County community.

The organization also reached out to local businesses, providing them with custom decals to put in their windows after signing a pledge stating that they are a “diverse, inclusive, accepting, welcoming, safe space for all,” Strayer said, adding that, despite some initial hesitation, more than 100 local businesses signed the pledge and displayed the logo in their storefronts.

Pride Franklin County has also looked to meet the local demand for LGBTQ programming throughout the year while maintaining public health precautions. More recent projects have included mental health LGBTQ programming, community picnics, drag shows and a Taste of Pride food event. Strayer added that there has been significant demand from the community for more programming centering LGBTQ youth.

Purdy added that voting rights advocacy has become a center point of current efforts from the organization, as it hopes to educate the local community on the importance of their political involvement. “Hopefully, we’re inspiring more people to learn to pay attention more to what’s going on, and trying to understand the connection between policy and voting,” Purdy explained

While the process of founding a grassroots organization has come with obstacles, Purdy and Strayer both noted that the community response has been rewarding.

 “One thing that I’ve been surprised about is how you have this cultural context of being in a conservative area, thinking that that’s going to be a barrier to doing an event that supports the LGBTQ community, and that it’s going to be super controversial,” but ultimately receiving a positive reception from many community members and resources needed to keep the organization running, Purdy explained.

Getting Pride Franklin County up and running has “definitely been very emotional,” Strayer noted. When Strayer decided to come out in 1999, he turned to leaders in his school — a guidance counselor and principal — for advice, but he recalled them “both sitting down and looking at (him) like, ‘We don’t really know what to do,’” making him feel alone in a particularly important part of his life. But with Pride Franklin County, Strayer is “seeing how things are growing and changing.”

“There’s help out there for youth that are struggling with the same things I was struggling with,” Strayer said. “When I look back at when I was coming out, I thought, ‘This is never going to happen here.’ Seeing now that it is happening here, it’s just such an amazing feeling and it just gives me so much pride in my community.”

Pride Franklin County will host its Pride Festival 2022 on Oct. 9 from 11 a.m. to 5 p.m. More information can be found on the organization’s website at pridefranklincounty.org

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Florida

Over 100 LGBTQ-themed books in a Florida school district labeled with advisory warning

They warn: “this book has been identified by some community members as unsuitable for students.”

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Advisory Notice (via Twitter)

A southwest Florida district put parental “advisory notice” on over 100 books, many of which are race or LGBTQ-themed. 

A great number of books in Collier County Public Schools, either digital or physical, now have warning labels writing “Advisory notice to parents,” according to an NBC report,

The label, tweeted by nonprofit free-speech-promoting group PEN American, states, “This Advisory Notice shall serve to inform you that this book has been identified by some community members as unsuitable for students. This book will also be identified in the Destiny system with the same notation. The decision as to whether this book is suitable or unsuitable shall be the decision of the parent(s) who has the right to oversee his/her child’s education consistent with state law.” 

Stephana Ferrell, co-founder of the Florida Freedom to Read Project, which means to fight book banning, told NBC that she had a call from Elizabeth Alves, the associate superintendent of teaching and learning for Collier County Public Schools. In the call, Alves told her that the district added the labels starting in February. 

These measures, which Alves described as a “compromise,” happened after the district’s legal representative talked with the Florida Citizens Alliance, a conservative group which initiated a “Porn in Schools Report” project last year. The report included a list of books that “promote gender self-identification and same-sex marriage” as well as titles that include “indecent and offensive material,” as the group explained. 

Chad Oliver, the Collier County Public Schools spokesperson, on the other hand offered a different story. 

Oliver sent an email to NBC News and said, “Based upon advice from the General Counsel, we placed advisory notices on books about which parents and community members had expressed concern and in accordance with the recently passed Parents’ Bill of Rights Law (HB 241).” 

The law referred by Oliver is also known as the “Don’t Say Gay” law.

According to PEN America, there are 110 labeled books in total, and the list greatly overlaps with the one Florida Citizens Alliance inquired about with Collier County Public Schools. 

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National

Rep. Sean Patrick Maloney introduces bill to make monkeypox testing free

Health insurers would be required to cover costs

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Rep. Sean Patrick Maloney has introduced legislation to make monkeypox testing free to the public. (Blade file photo by Michael Key)

Rep. Sean Patrick Maloney (D-N.Y.), amid the ongoing monkeypox affecting gay and bisexual men, has introduced legislation in the U.S. House seeking to make testing for disease free to the public.

Maloney, one of seven openly gay members of Congress and chair of the Democratic Congressional Campaign Committee, said in a statement the measure, called the No Cost for Monkeypox Testing Act, would testing amid the monkeypox outbreak would be accessible to all.

“It is critical that we eliminate cost as a barrier to testing for monkeypox to ensure we can identify cases and prevent further spread,” Maloney said. “This legislation takes the lessons we learned from past public health emergencies and protects those at risk of contracting monkeypox by making tests accessible to everyone.”

The legislation would require private health insurers as well as Medicare and Medicaid to cover the costs of monkeypox testing at no expense to the patients, either through deductibles, co-payments, and co-insurance.

The bill introduction comes the week after the Biden administration declared the monkeypox outbreak a public health emergency and the same it has issued new guidance to enhance to the accessing of existing vaccines doses amid criticism federal officials were too slow in distributing shots.

The Washington Blade has placed a request in with the Centers for Disease Control seeking comment on the legislation. Secretary of Health & Human Services Xavier Becerra said Tuesday the federal government has the capacity to conduct an estimated 80,000 tests each week.

Maloney has been representing New York’s 18th congressional district, but after redistricting is now seeking re-election in the 17th district. Amid controversy over a potential showdown between Maloney and Rep. Mondaire Jones (D-N.Y.), who’s Black, another openly gay member of Congress and the current representative of that district, Jones has since opted to run for re-election in the New York’s 10th congressional district. Maloney is now running unopposed in the 17th.

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