News
Exclusive: Barr holds meeting with LGBT employees for Pride Month
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 āanathema.ā
Barrās 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 āanathemaā and āsimply wrong.ā
āDiscrimination 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,ā says a copy of the statement shown to the Blade.
Itās 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 didnāt confirm that.
As reported by Buzzfeed News, Barr previously said in an April 4 letter to DOJ Pride heād investigate claims of anti-LGBT discrimination at the FBI and Bureau of Prisons. Additionally, Barr updated the Justice Departmentās 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 ā 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 doesnāt 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 āStonewall Uprising.ā 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 Barrās, former Time Warner general counsel Paul Cappuccio, came to his defense and told the Blade, āHeās not going to ever let people be discriminated against, OK?ā
In his confirmation hearing, Barr suggested heād uphold religious freedom at the expense of LGBT rights and continue the view LGBT people arenāt protected under Title VII. At the same time, Barr said heād have āzero toleranceā 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.
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 āthat 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 ādevelop guidelines for an anti-bias training program for school employees.ā
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
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administrationĀ last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states ā Oklahoma, Louisiana, Florida, and South Carolina ā have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a āright to bullyā transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools āshould not alter policies or procedures at this time.ā Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX āwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donāt Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, āWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to āgaslighting the country into believing that biological sex no longer has any meaning.ā
Governor Ron DeSantis approved of the letter and stated that Florida āwill not comply.ā Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donāt Say Gay or Trans” law that was used to force a trans female teacher to go by āMr.ā
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role āto improve school safety,ā and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations āclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā The Human Rights Campaign also praised the rule, stating, ārule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
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