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Zero Democrats lend name to GOP compromise on LGBTQ rights

All 21 original co-sponsors are Republicans

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Fairness for All Americans Act, gay news, Washington Blade
Rep. Chris Stewart (R-Utah) speaks at a press conference following the introduction of the ‘Fairness for All Americans’ Act. (Washington Blade file photo by Vanessa Pham)

Despite signals the Fairness for All Act counterproposal from Republicans on LGBTQ rights and religious freedom would have bipartisan support upon its reintroduction on Friday, the final list of original co-sponsors has no Democrats.

Although the list of 21 co-sponsors is more than double the nine who support the first iteration of the Fairness for All in the previous Congress, they’re entirely made up of Republicans. The absence of any Democrats dashes hopes from supporters the legislation could be a starting point for negotiations across the aisle on the Equality Act in the Senate.

Rep. Chris Stewart (R-Utah), the chief sponsor of the bill, nonetheless hailed the Fairness for All Act upon reintroduction as a way to bring the gap on LGBTQ rights and religious freedom.

“It is hard to really love our neighbors when we are fighting with them over whose rights are more important,” Stewart said. “This country can accommodate both civil liberties for LGBT individuals & religious freedom. We have wasted enough time, energy, and money fighting over who deserves which legal protections. It is time to define the federal protections for our LGBT and religious friends and neighbors.” 

The Fairness for All Act, like the Equality Act, would amend all aspects of federal civil rights law to expand the prohibition on discrimination against LGBTQ people in employment, housing, public accommodations, federally funded programs, education, credit and jury service. A copy of the bill reviewed.by Blade revealed the Fairness for All Act doesn’t have substantive changes from its previous iteration in terms of LGBTQ issues, but other than clarity for protections based on race, color and national origin.

Stewart, in a statement to the Washington Blade, said he won’t give up on finding Democratic for the legislation.

“I am grateful to my colleagues who joined me today,” Stewart said. “We are still working with our Democratic colleagues and have high hopes that this bill will ultimately be bipartisan.”

Stewart had signaled as of Wednesday via a spokesperson the Fairness for All Act “will have bipartisan support by the end of the week” and would hold off on plans to introduce the legislation until after the U.S. House voted on the Equality Act, the flagship comprehensive bill to expand anti-discrimination principles for LGBTQ people under federal civil rights law.

The House approved the Equality Act on a largely party-line vote Thursday with just a blemish of bipartisan support. Three Republicans voted for the Equality Act, compared to the eight who voted for the legislation in 2019.

Rep. David Cicilline (D-R.I.), the sponsor of the Equality Act in the House, told the Washington Blade on Thursday amid uncertainty of the legislation in the Senate the Fairness for All Act would “very clearly be worse than nothing.”

“For the first time in our history, it would actually put in federal statute provisions that permit discrimination against the LGBTQ community,” Cicilline said, “It would be a tremendous step backward, which is why it’s not supported by any major LGBT organization, all of the major LGBT organizations support the Equality Act. The Stewart bill is a tremendous step backward in our fight for full equality.”

Asked if he has any issues with fellow Democrats co-sponsor the Fairness for All Act, Cicilline held firm.

“I would hope that people are committed to equality for the LGBTQ community would not support this bill because it would put in statute and authorize expressly discrimination against the LGBTQ community,” Cicilline said.

Among the co-sponsors are Republicans who voted for the Equality Act, including Reps. Brian Fitzpatrick (R-Pa.) and Tom Reed (R-N.Y.). Other co-sponsors are Republicans who voted for the Equality Act in 2019, but not 2021, including Rep. Elise Stefanik (R-N.Y.) and Mario Diaz-Balart (R-Fla.). One Republican who voted twice for the Equality Act, Rep. John Katko (R-N.Y.), isn’t a co-sponsors of the Fairness for All Act.

Although both the Equality Act and the Fairness for All Act would expand the prohibition on anti-LGBTQ discrimination under federal law, they have key differences. For example, the Equality Act would specify the 1993 Religious Freedom Restoration Act couldn’t be raised as a defense in court against allegations of illegal anti-LGBTQ discrimination, but the Fairness for All Act would not.

Additionally, the Fairness for All Act would provide an exemption under Title II of the Civil Rights Act to allow stores, shopping centers or online retailers to refuse service to LGBTQ people if they have 15 or fewer employees, but the Equality Act provides no such exemption. The Equality Act would clarify transgender people should have access to locker rooms and bathrooms consistent with their gender identity, while the Fairness for All Act implies that but doesn’t spell it out. The Equality Act is silent on whether its ban on sex discrimination would prohibit medical providers from refusing to perform an abortion, the Fairness for All Act specifies it would not.

(The Washington Blade is preparing a detailed chart on the differences between the Equality Act and the Fairness for All Act, as well as the situation with current law after the U.S. Supreme Court’s decision last year in Bostock v. Clayton County, which found anti-LGBTQ discrimination is an illegal form of sex discrimination under Title VII of the Civil Rights Act of 1964, therefore not only illegal in employment, but under all laws that ban sex discrimination.)

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Comings & Goings

Pierce named to Virginia Governor’s LGBTQ+ Advisory Board

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Jaime Christopher Pierce

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, landed an exciting internship, or are graduating and beginning your career with a new job, let us know so we can share your success.

Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.  

Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.

Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”

Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.

Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University. 

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National

Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090

Eligibility for same-sex partner survivors remains unclear

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The September 11th Victim Compensation Fund has awarded more than $18 billion to 77,000 9/11 victims and their families since 2011. (Photo by Anthony Correia/Bigstock)

As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011. 

Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed. 

Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.

“Twenty-five years since that day, the September 11th Victim Compensation Fund has  served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.

In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”

LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.

Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.

She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.

“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.

The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court  and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment. 

A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.  

In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.

“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.

She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.

“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”

The VCF website, which has additional detailed information, can be accessed at www.vcf.gov

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Politics

Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint

Former Biden-Harris Cabinet member declined to comment on decision

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Pete Buttigieg (Washington Blade photo by Michael Key)

An Indiana prosecutor has declined to file criminal charges against a woman who made a false child welfare complaint against Pete Buttigieg.

Buttigieg, the former transportation secretary in the Biden-Harris administration, was accused in June of posing a threat to his children via an anonymous call to police that resulted in him being temporarily separated from his four-year-old twins.

Marshall County Prosecuting Attorney E. Nelson Chipman Jr. opted not to pursue charges against the Alabama woman who filed the false child welfare claim against the Democratic political figure while she was in Marshall County.

According to ABC 57, the television station in South Bend that published a letter from Michigan State Police to Indiana State Police, the 50-year-old woman, identified only as TJ of Alabama, was responsible for the “brief and intrusive investigation” into Buttigieg and his family.

In the letter to Indiana State Police, Michigan State Police described TJ’s documented alcoholism and other chemical dependencies, as well as hallucinations and delusional thinking. The prosecutor also noted that TJ has self-identified as God and claims to hear voices only she can hear.

The letter from Michigan State Police to Indiana State Police states:

“Your investigation reveals that TJ, 50 years old, has a documented history of alcohol abuse and has experienced numerous treatment facilities and programs for alcoholism and other chemical dependency over the years. Further, TJ has a long history of mental illness, manifested by hallucinations and delusional thinking which includes frequently responding to voices only she hears and grandiose ideation including self-identifying as God. She frequently reports she has enjoyed an evening meal with Barack and Michele Obama.

TJ is from Alabama. During her relatively short stay here, TJ was able to generate three separate police encounters that resulted in reports, one of which resulted in TJ’s arrest for domestic battery. I note her BAC in that case was reported at .323. I also note one of the three early reports was based upon TJ’s claim of herself being a victim of sexual abuse at the age of 3 by her mother some 47 years prior. Her explanation for such a delayed report was incoherent.

As you found out, TJ returned to Alabama and took up residence in a treatment facility only to be soon evicted for a rule violation. She currently resides in a half-way house near Alabama, with very limited mental health treatment options available. I note TJ’s abusive and harassing attitude has resulted in restricting only somewhat her access to a telephone, and that she continues to have access to computers at the facility. Obviously she may still have the ability to file additional complaints. No doubt a regrettable situation.

In light of the totality of circumstances, I am unable to conclude that TJ is capable of forming the requisite intent to support a criminal conviction for this offense. Accordingly, this office will not be filing a criminal case in this matter.

Thank you, as always, for a thorough investigation and cogent report.

Stay safe.

Best regards,

E. Nelson Chipman, Jr.

Marshall County Prosecuting Attorney”

When the situation first arose in June, Buttigieg opened up about the experience via his Substack, where he described the situation as one of the worst things that has ever happened to his family — one that resulted in him being separated from his twins, Joseph August “Gus” and Penelope Rose, for their safety.

“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”

A Buttigieg spokesman declined to comment on the prosecutor’s decision not to pursue charges, but did tell the Washington Post in a statement: “This has been a painful and infuriating situation for the family. They are in touch with Michigan authorities, seeking answers and accountability for what happened.”

In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:

“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”

The Washington Blade reached out to Michigan State Police after the story initially broke to ask if any disciplinary action would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. After filing a FOIA request, the Blade was denied access to any additional information.

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