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Nonbinary physician fights COVID-19 without legal protections

LGBTQ healthcare workers are stepping up, saving lives

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LGBTQ physicians, nonbinary medical professionals, gay news, Washington Blade
Dr. Ly Pham is a queer nonbinary doctor working in Louisiana without legal protections. (Photo courtesy Pham)

Dr. Scott Nass and Dr. Ly Pham are LGBTQ physicians on the front lines of the pandemic fight, but only one is protected from workplace discrimination. While Nass is fortunate to be a gay cisgender man practicing in California, Pham is a queer nonbinary doctor working in Louisiana without legal protections.

“Shreveport is a level one trauma center similar to Baltimore,” said Pham who uses singular they pronouns. “The hospital was fairly busy before COVID [but the pandemic] added another layer of stress and anxiety.”

Adding to Pham’s stress is the feeling that LGBTQ people are tolerated but not fully accepted into the larger Shreveport community. While HRC reports both Shreveport and New Orleans ban discrimination on the basis of sexual orientation and gender identity, Louisiana has had a tumultuous history with attempts to mandate a statewide ban.

“I get misgendered all the time,” Pham said before describing a usual day when they arrive at the hospital around 8 a.m. “Mostly by patients coming in and some coworkers. But I’m here to treat the patients and not educate them because they’re in a crisis right now and need to be treated and admitted to the hospital.”

Pham says they allow their patients to interact with them in a way that is emotionally damaging because they feel harms need to be triaged during a crisis. Louisiana governors have sought remedies to this preventable situation.

However, in 2018 the Louisiana Supreme Court struck down Gov. John Bel Edwards’ (D) executive order protecting LGBTQ state employees and contractors from workplace discrimination, according to a report by The Advocate.

The resulting tally from Freedom for All Americans shows Louisiana is one of 28 states where an LGBTQ worker, including essential medical personnel during a global health crisis, can legally be fired or face other negative action on the basis of sexual orientation or gender identity.

“The case of healthcare workers helps illustrate why it is in everyone’s interest that people are able to work regardless of factors that have nothing to do with their ability to do the job,” said Jon Davidson, Freedom for All Americans Chief Counsel. He is also an LGBTQ attorney who attended the Supreme Court arguments on this issue. “I hope the court sees this is not just important to the employees affected, but for society as a whole.”

But not every state will be equally impacted by the ruling.

Davidson explains a Supreme Court ruling on the Bostock v. Clayton County, Altitude Express v. Zarda and Harris Funeral Homes v. EEOC cases determining if Title VII protections “on the basis of sex” includes sexual orientation and gender identity won’t affect the 22 states that already have LGBTQ-inclusive nondiscrimination protections.

In April, Virginia Gov. Ralph Northam signed into law the Virginia Values Act, expanding nondiscrimination protections in his state to include sexual orientation and gender identity and making it the first state in the South with such inclusions.

“We need every healthcare worker possible saving lives,” Davidson emphasized. “So having protections is both important to keep qualified people in their jobs and it is also important that LGBTQ workers not be worried about who might learn they are LGBTQ. If you have to hide your partner [or who you are] because you’re afraid your employer might find out and you might be fired, that’s unacceptable.”

He added it was “just outrageous and cruel” for healthcare workers to endure such uncertainty during a crisis.

HRC, the Movement Advancement Project and other national policy trackers have noted California, where Dr. Nass encountered the initial waves of the deadly virus, has passed a series of increasingly inclusive statewide measures over the years. Their legislative efforts culminated in the recent Gender Nondiscrimination Act in 2011.

As a result, though Nass also finds the pressures of the pandemic to be “incredibly stressful,” he has not faced the added stress of having to conceal his orientation.

“When I’m not working, I am sheltering in place at home with my husband,” Nass said. “A police officer in Los Angeles who is also on the front lines of the pandemic.”

While their lives are at risk, their jobs and identities are not. However, the situation is very different outside of California.

Pham currently shelters-in-place with their fiancee, who uses both female and nonbinary pronouns and identifies as queer in orientation. The couple bought a two-person hammock so they can lie together under the trees and daydream about a future when they can travel. They are also planning their wedding and an eventual move to Los Angeles.

“It’s spring,” Pham said. “And we are appreciating nature and the flowers blooming and a time to slow down.”

But the rest period doesn’t last long for the physician who graduated in the midst of a global crisis. Pham has been out as an LGBTQ person since attending medical school at the University of Texas in San Antonio. Although Texas is another state without LGBTQ-inclusive workplace protections, Pham was able to find mentors who helped them through their personal journey from self-described butch lesbian to nonbinary as well as through their professional journey from student to physician.

Pham details the rest of their current daily routine with almost machine-like precision.

“I park in a parking lot that is gated using my badge,” Pham said. “There I put on my surgical mask that I have in my car. Parking is in the back of the hospital. I walk to the front. There is only one entrance to the hospital. I try to keep six feet from anyone else and I try to see if anyone else is walking toward the entrance.”

“Everyone feels a little more distant than usual,” agrees Nass in less constrained cadence when discussing his own routine, which begins at 6:30 a.m. “And I’ve worked on speaking more with my eyes now that no one can see me smile under the constant masks.”

Pham is a little more reserved beneath their mask as workplace interactions usually lead to misgendering without reasonable recourse, especially during the crisis.

They arrive at a screening station where they answer a hospital worker’s questions and get their temperature checked. When they pass the checkpoint, they get a sticker on their badge.

“Different colors for different days,” Pham explains. “Before I even get to my office, I usually swing by the ground floor and pick up my N95 mask and face shield, if I’m seeing COVID patients.”

But Pham admits it’s hard to know which patients are COVID positive, so they wear an N95 mask whenever they see patients. They also wipe down their keyboard, desk, chair, mouse, phone — everything in their work area.

Nass may be fortunate when it comes to workplace protections, but his personal equipment seems a little less protective than Pham’s, who works in a larger hospital and more closely with COVID patients.

“I stop at the front desk of the hospital to get an ear-loop mask,” Nass explains. “Not the most protective kind, but those are kept even more securely in particular patient areas.”

Nass notes “on administrative days” he doesn’t usually see much of anyone as access into the office space has been limited to reduce the risk of spreading the virus.

“I am not assigned to take care of confirmed COVID-19 patients in one of the two units we’ve designated for that,” he said. “But we have started to treat every patient, and each other, as though we may be carrying the virus.”

And this may be sound advice, though reminiscent of the early stages of the HIV/AIDS epidemic. In March, when PPE distributions were no match for the steady influx of patients in New York City, Kious Kelly, a gay nurse working at Mount Sinai hospital, contracted COVID-19 and died from it.

Kelly’s sister, Marya Patrice Sherron, told BuzzFeed News of a homophobic comment posted to a GoFundMe page set up to help with funeral expenses.

“It was a very, very, very hateful and insensitive comment suggesting that [his death] didn’t matter because he was a gay male.”

Pham faces similar insensitivity from nonbinary erasure even as they struggle to save lives during the crisis.

Pham’s hospital has a dedicated COVID team where they work when they are on call. Pham said in the beginning stages of the crisis it took a week to get test results back so they weren’t certain who was infected and who wasn’t. Now, with better testing, the turnaround has been 24 hours or less.

“We know definitively if they are positive or negative faster, instead of just suspecting that they are,” Pham said. “It helps us triage better.”

Pham also said this is safer for the medical staff since many of the infected are asymptomatic. As a result, everyone is tested regardless of symptoms.

“We stress the importance of social distancing because you don’t know who could test COVID positive and they could be spreading it around unknowingly,” Pham said.

At the end of their shift, Pham removes their gear by following the guidance of a hospital instructional video. They then wipe down their shield with hospital-grade wipes and they toss the mask if it has been visibly soiled.

After cleaning themselves and their workstation again, they wear a surgical mask down to their car. They then clean themselves and the interior of their car with alcohol again. When they get home, they keep a six feet distance from their fiancee and toss their clothes into the washing machine before jumping into the shower.

When it is safe, the two of them can finally relax together and reconnect by cooking, watching Netflix or daydreaming in their shared hammock.

Nass similarly ends his day with a trip to the washing machine and shower before collapsing on the couch with his husband and Boston Terrier. In the hour or two before he falls asleep he catches up on “The Magicians” or “Schitt’s Creek.”

“Sometimes I eat dinner,” he said in a rare consideration of his own health.

“LGBTQ healthcare workers are stepping up to save lives in this crisis,” said Hector Vargas, the executive director of GLMA: Health Professionals Advancing LGBTQ Equality, an LGBTQ medical professionals advocacy organization. “It’s long past time we step up for them to make sure they’re protected under the eyes of the law.”

Dr. Scott Nass is a gay cisgender man practicing in California. (Photo courtesy Nass)
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Out & About

Gay librarian to discuss new novel at Green Lantern

Gareth Carter to speak at ‘Cocktails, Chaos & Controversy’ fundraiser

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Gareth Carter will discuss his new book, ‘The Misadventures of Don Kee Dong & Phillip Miho.’ (Book cover image courtesy of Amazon)

Librarian, novelist, and advocate for intellectual freedom Gareth Carter will talk about his debut novel, “The Misadventures of Don Kee Dong & Phillip Mihol,” on Sunday, July 12 at 4 p.m. at Green Lantern Bar.

The event, titled “Cocktails, Chaos & Controversy” is a fundraiser for the DC LGBTQ+ Community Center Library and will celebrate queer storytelling, libraries, and Carter’s new novel. 

The event will combine humor, conversation, and community. In addition to being on hand to sell and sign books, Carter will share his own journey from librarian to novelist, discuss the state of public libraries in an era of book banning, and his own challenges with one group, which served as the genesis for this novel, the first in his International Men of Mystery series.

For more details, visit Carter’s website

The Blade may receive commissions from qualifying purchases made via this post.

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Calendar

Calendar: July 10-16

LGBTQ events in the days to come

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Friday, July 10

Go Gay DC will host “LGBTQ+ Community Happy Hour” at 6 p.m. at Freddie’s. This is a chance to relax, make new friends, and enjoy happy hour specials at this classic retro venue. Attendance is free and more details are available on Eventbrite

Women in their Twenties and Thirties will meet at 8 p.m. on Zoom. This is a social discussion group for queer women in the Washington, D.C. area. For more details, visit Facebook.  

Saturday, July 11

Go Gay DC will host “LGBTQ+ Community Brunch” at 11 a.m. at Freddie’s Beach Bar & Restaurant. This fun weekly event brings the DMV area LGBTQ+ community, including allies, together for delicious food and conversation.  Attendance is free and more details are available on Eventbrite.

“Reel Affirmations XTRA: Washington DC’s International LGBTQ+ Monthly Film Series” will present “Bookends” at 11:30 a.m. at the DC LGBTQ+ Community Center. “Bookends” is a touching love story, free popcorn, soft drinks, and conversation with your community. For more details, visit the DC Center’s website

Sunday, July 12

Duet: A Curated Sapphic Karaoke Dating Experience” will be at 5 p.m. at Muzette. This event is designed for single queer women and sapphics ages 35+ who are looking to meet potential romantic partners in a relaxed, low-pressure environment. For more details, visit Eventbrite

Monday, July 13

Center Aging: Monday Coffee Klatch” will be at 10 a.m. on Zoom. This is a social hour for older LGBTQ+ adults. Guests are encouraged to bring a beverage of choice. For more information, contact Adam ([email protected]).

Genderqueer DC will be at 7 p.m. on Zoom. This is a support group for people who identify outside of the gender binary, whether you’re bigender, agender, genderfluid, or just know that you’re not 100% cis. For more details, visit genderqueerdc.org or Facebook

Tuesday, July 14

Coming Out Discussion Group will be at 7 p.m. on Zoom. This is a safe space to share experiences about coming out and discuss topics as it relates to doing so — by sharing struggles and victories the group allows those newly coming out and who have been out for a while to learn from others. For more details, visit the group’s Facebook

Trans Discussion Group will be at 7 p.m. on Zoom. This event is intended to provide an emotionally and physically safe space for trans people and those who may be questioning their gender identity/expression to join together in community and learn from one another. For more details, email [email protected]

Wednesday, July 15

Job Club will be at 6 p.m. on Zoom upon request. This is a weekly job support program to help job entrants and seekers, including the long-term unemployed, improve self-confidence, motivation, resilience and productivity for effective job searches and networking — allowing participants to move away from being merely “applicants” toward being “candidates.” For more information, email [email protected] or visit thedccenter.org/careers.

Thursday, July 16

The DC Center’s Fresh Produce Program will be held all day at the DC LBTQ+ Community Center. People will be informed on Wednesday at 5:00 pm if they are picked to receive a produce box. No proof of residency or income is required. For more information, email [email protected] or call 202-682-2245. 

Virtual Yoga Class will be at 7 p.m. on Zoom. This free weekly class is a combination of yoga, breathwork and meditation that allows LGBTQ+ community members to continue their healing journey with somatic and mindfulness practices. For more details, visit the DC Center’s website.  

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Movies

‘She’s the He’ brings gender-bending twist to teen comedy genre

Recreating raunchy nostalgia through a queer eye

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Nico Carney and Misha Osherovich in ‘She’s the He.’ (Photo courtesy of Obscured Releasing)

No matter which generation you belong to, you have nostalgic memories of “teen comedy” movies from your adolescent years, even though you’re a little embarrassed about it today.

This is particularly true for the Gen X and Millennial crowd, who grew up with raunchy teen movies from “Fast Times at Ridgemont High” to “Porky’s” to “American Pie,” and have lived long enough to experience the shock of watching younger generations deploring them for the very raunchiness and toxic behavior that made them appealing to us in the first place.

These are exactly the type of films that are channelled in “She’s the He,” a SXSW hit and Independent Spirit Award nominee that hit VOD platforms on June 30, which strikes a nostalgic chord that conjures both the extreme “political incorrectness” and heartfelt sensitivity of the movies that inspired it – but updates the formula to add an edge that’s especially relevant in our current time.

In other words, it recreates the “raunchy teen comedy” genre through a queer eye (with a focus on the fine points of gender identity), and it’s every bit as messy, awkward, inappropriate, and “cringey” as you might hope it to be.

Written and directed by trans/nonbinary filmmaker Siobhan McCarthy, it’s a movie that might result in mixed feelings from many audiences over a story that centers on two cis-male high school seniors, Ethan (Misha Osherovich) and Alex (Nico Carney), who pretend to “come out” as trans together as a way to get close to girls.

Actually, it’s mostly Alex’s scheme to gain “access” to his crush, Sasha (Malia Pyles), and quell the rampant rumors that he and lifelong BFF Ethan are gay, reasoning that being “trans” would technically make them girls, too. It works, incredibly, in the beginning, but as a burgeoning friendship with nonbinary Forest (Tatiana Ringsby) distracts Alex from his rampant teen hormones, Ethan begins to realize that she really is trans, after all. What started out as a juvenile ploy suddenly becomes a complicated mess, and the two best friends must try to navigate their way out of it; unfortunately, Alex can’t stop scheming for sex and Ethan is struggling with the prospect of coming out to her transphobic mother (Suzanne Cryer), and needless to say, it puts a strain on their friendship. Meanwhile, there’s a whole locker room full of testosterone-charged jocks who want in on the scam themselves.

If all that sounds incredibly problematic to you, you’re not wrong – it definitely is. The entire premise, with all its nonconsensual shadiness and its hormone-driven gaslighting, seems like enough to trigger calls for “cancellation” from both sides of our divided social mediaverse; add to that the fact that the whole thing is played for laughs, as a crass and foul-mouthed sex farce about high school kids, and the movie opens itself up to an even greater level of pearl-clutching.

Like most of those teen raunch-fests of earlier generations, however, “She’s the He” is doing it all on purpose. McCarthy’s wildly “inappropriate” movie is not just some cheap sexploitation comedy, but a savagely campy assault on the attitudes and expectations of the very people that might be offended by it. 

As McCarthy says in their director’s notes for the film, “By taking conservative talking points at face value and playing out their worst fears on screen, ‘She’s the He’ seeks to undermine and defang these harmful ideas while satirizing the very media that has fueled this fear-mongering.” 

Among the most obvious “conservative talking points” their movie lampoons is the whole obsession around gender and bathrooms (it is, after all, a story about two cis males who essentially disguise themselves as trans so that they can get into the girl’s locker room), but there are a whole lot of others, too: the excessive concern over pronouns, the obsession over  genitalia, the assumption that gender identity and sexuality are somehow synonymous, the sexed-up male fantasy of what happens between girls when they’re behind closed doors – all the typical exaggerated tropes are there, and exaggerated even further for full effect. In fact, it’s the film’s not-so-subtle subversion of the “male gaze” through a queer and feminist lens that might be its most satisfying flourish, underscoring the already absurd parody provided by Alex’s single-minded (and hilariously “incel”-ish) prioritization of his sex drive above all other considerations.

Yet what really raises “She’s the He” above the level of the crude humor it deploys has nothing to do with making fun of people, nor is it even about pushing against uptight social boundaries around sexual and/or gender expression; all the irreverent zaniness is wrapped around a deeper story about friendship, love, and growth, a journey of self-discovery and finding the courage to embrace who you really are. And at the center of it is a transgender nonbinary actor in the leading role – in itself a bold challenge to rigid expectations – with not just the talent, but the grace, nuance, and bravery to play it with full authenticity. Osherovich earned a well-deserved nomination for Best Breakthrough Performance at this year’s Independent Spirit Awards, and they’re the heart of the film.

In fact, it might be McCarthy’s deliberate choice to cast their film entirely with actors who identified in some way as queer that fuels its transgressive energy and keeps it feeling “real” even when it’s at its most ludicrously excessive. They make for a great ensemble of players, but naturally there are standouts: co-star Carney (who is also a successful standup comic, known for mining his own transmasculine experience for laughs) does a great job as Alex, endearingly unconcerned and frequently clueless about his shortcomings as he single-mindedly pursues the loss of his virginity, and his chemistry with Oserovich makes them a winning pair whenever they share the screen; Cryer brings a dose of needed maturity to the mix, while also conveying the struggle of a mom trying to navigate her child’s coming out; Pyles and Ringsby both bring the intelligence and depth to undercut our expectations of their characters; comedian Aparna Nancherla earns plenty of chuckles as a teacher haplessly trying to keep up with all the changing identities (and pronoun protocols) of her students; and knowing that the school’s entire male sports team is played by transmasculine actors adds a delicious flavor to the movie’s overall parody of conventional gender presentation that helps make its climactic “locker room showdown” scene all the more hilarious.

It’s worth noting that “She’s the He” is targeted mainly for Gen Z audiences – it’s their generation’s turn to put their stamp on the genre, after all – but older audiences needn’t feel left out; there’s plenty here that should feel universal enough for any age to enjoy; and if you’re afraid it will be too extreme, rest assured: the most shocking thing about it is that it might be the sweetest teen sex comedy you’ll ever see.

Considering they’ve been making them for decades, that’s saying a lot.

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