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Exclusive: Barr holds meeting with LGBT employees for Pride Month

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U.S. Attorney General William Barr met with LGBT employees within the Justice Department. (Blade file photo by Michael Key)

In recognition of Pride Month, U.S. Attorney General William Barr held a closed-door meeting with LGBT attorneys and law enforcement officials who work for the U.S. Justice Department and heard about ongoing anti-LGBT workplace concerns within the FBI and the Bureau of Prisons, sources familiar with the meeting told the Washington Blade exclusively.

At a time when the Supreme Court is set to determine whether Title VII of the Civil Rights Act of 1964 covers anti-LGBT discrimination, Barr also read a short statement prepared by the LGBT employees asserting discrimination based on sexual orientation or gender identity is “anathema.”

Barr’s meeting with LGBT employees stands out in the Trump administration, which is widely seen as hostile to LGBT rights.

The private meeting between Barr and DOJ Pride, the affinity group for LGBT employees at the Justice Department, took place on Thursday, June 13, according to the sources. One source said Barr initiated the meeting, although the Justice Department wouldn’t confirm as of late Tuesday.

In addition to Barr, participants in the meeting included the board of directors for DOJ Pride and DOJ Pride President Jason Lee, a trial attorney for the Consumer Protection Branch under the Civil Division, sources said.

At the meeting, Lee brought up allegations of anti-LGBT workplace hostility within the FBI and the Bureau of Prisons, which DOJ Pride previously raised in a March 27 letter to Barr, as well as what the LGBT affinity group understands has happened since the time of that letter, sources say.

The March 27 letter says anti-LGBT hostility within the Justice Department has caused low morale and the flight of LGBT employees. The letter includes anonymous complaints from LGBT employees at the Federal Bureau of Investigations and the Bureau of Prisons who say the workforce environment is difficult, if not impossible.

Also at the meeting, sources say Barr read a statement prepared by DOJ Pride and DOJ GEN, the affinity group for women employees, on the current litigation before the Supreme Court on Title VII, a federal law that bars discrimination based on sex in the workplace. The statement declares discrimination is “anathema” and “simply wrong.”

“Discrimination against employees or job applicants because of their sex, sexual orientation or gender identity is anathema to principles of fair treatment and advancement based on merit,” says a copy of the statement shown to the Blade.

It’s unclear what commitments, if any, Barr made to LGBT employees during the meeting. It’s likely no such meeting between DOJ Pride and the U.S. attorney general took place when Jeff Sessions or Matthew Whitaker were running the show, although the Justice Department didn’t confirm that.

As reported by Buzzfeed News, Barr previously said in an April 4 letter to DOJ Pride he’d investigate claims of anti-LGBT discrimination at the FBI and Bureau of Prisons. Additionally, Barr updated the Justice Department’s EEO statement clarifying discrimination, including on the basis of sexual orientation and gender identity, is prohibited within the Justice Department. (Although the attorney general is required by law to issue the EEO statement, former Attorney General Jeff Sessions never did.)

Meanwhile, litigation pending before the Supreme Court will determine whether anti-LGBT discrimination is a form of sex discrimination and, therefore, prohibited under federal civil rights laws.

Two of the cases — Boston v. Clayton County and Zarda v. Altitude Express, will determine whether anti-gay discrimination is a form of sex discrimination. Another case, EEOC v. Harris Funeral Homes, will determine whether anti-transgender discrimination is a form of sex discrimination. A Supreme Court decision is expected by June 2020.

The Justice Department under the Trump administration has already articulated its view Title VII doesn’t cover anti-LGBT discrimination. It made that case with respect to anti-gay discrimination when the Zarda case was pending before the U.S. Second Circuit Court of Appeals. Similarly, the Justice Department in a friend-of-the-court brief to the Supreme Court asserted the U.S. Sixth Circuit Court of Appeals wrongly concluded Title VII covers anti-trans discrimination in the Harris case.

The Pride Month meeting between Barr and LGBT employees took place about a week before DOJ Pride was scheduled to have its annual awards ceremony and reception in recognition of Pride Month. For the official ceremony this year, which is set for Wednesday, June 18, LGBT employees were set to gather in the 7th floor auditorium at the Justice Department to hear from senior leadership and watch a viewing of the 2010 PBS documentary “Stonewall Uprising.” At a later reception, DOJ Pride will give awards to D.C.-based transgender activist Ruby Corado, founder of Casa Ruby, and David Cotton-Zinn, a member of the FBI’s Victim Services Response Team.

During Barr’s confirmation process, LGBT advocacy groups opposed Senate approval of his nomination based on his record as U.S. attorney general under George H.W. Bush and designation as a Trump appointee. One longtime gay friend of Barr’s, former Time Warner general counsel Paul Cappuccio, came to his defense and told the Blade, “He’s not going to ever let people be discriminated against, OK?”

In his confirmation hearing, Barr suggested he’d uphold religious freedom at the expense of LGBT rights and continue the view LGBT people aren’t protected under Title VII. At the same time, Barr said he’d have “zero tolerance” for hate crimes, including those committed against LGBT people.

Since Barr took over at the Justice Department, the Trump administration has continued to defend in court the transgender military ban. It remains to be seen whether the Justice Department will reverse its litigation position regarding Title VII now that the issue is before the Supreme Court, but that seems unlikely.

The Justice Department deferred comment on the meeting with DOJ Pride, which provided background information on the discussion.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Iran

LGBTQ groups condemn Trump’s threat to destroy Iranian civilization

Ceasefire announced less than two hours before Tuesday deadline

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President Donald Trump (Washington Blade photo by Michael Key)

The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.

Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET. on Tuesday.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.

Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.

“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”

The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”

“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.

“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”

The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.

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National

Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

Glisten’s 30th annual Day of Silence will take place on April 10.

The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth. 

It takes place annually and has multiple ways for supporters to get involved in the movement. 

Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence. 

There are three main ways for the community to get involved in the Day of Silence. 

Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…” 

Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link. 

Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence. 

Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence. 

“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”

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