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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 ā€œanathema.ā€

Barrā€™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 ā€œanathemaā€ and ā€œsimply wrong.ā€

ā€œDiscrimination 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.

Itā€™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 didnā€™t confirm that.

As reported by Buzzfeed News, Barr previously said in an April 4 letter to DOJ Pride heā€™d investigate claims of anti-LGBT discrimination at the FBI and Bureau of Prisons. Additionally, Barr updated the Justice Departmentā€™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 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 doesnā€™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 ā€œStonewall 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 Barrā€™s, former Time Warner general counsel Paul Cappuccio, came to his defense and told the Blade, ā€œHeā€™s not going to ever let people be discriminated against, OK?ā€

In his confirmation hearing, Barr suggested heā€™d uphold religious freedom at the expense of LGBT rights and continue the view LGBT people arenā€™t protected under Title VII. At the same time, Barr said heā€™d have ā€œzero 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.

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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