News
WH responds to Fulton decision after odd team-up in daily briefing
After an unlikely team-up of reporters in the White House briefing room, the Biden administration responded to the ruling in City of Philadelphia v. Fulton.
A White House spokesperson responded to the the decision last week, which was narrowly decided in favor of a religious-affiliated foster care agency seeking to reject LGBTQ families, via email to the Washington Blade.
“Since day one, the Biden-Harris Administration has been committed to fighting for full equality for LGBTQ+ families, and we intend to make good on that commitment,” the spokesperson said. “It’s possible to comply with the Fulton decision while taking a strong stand against discrimination.”
The email response comes after White House Press Secretary Jen Psaki said incorrectly on Monday the administration had already issued a statement on the decision. The question was first posed to her in response to an inquiry from a conservative reporter, then again from the Washington Blade.
A reporter with the religious news service EWTN, in an apparent attempt to make Biden look bad on the issue of religious freedom, asked Psaki for a response to the decision.
“I think we had issued a reaction to it,” Psaki said, even though the White House has made no official statement. “I don’t have anything more to it, but I have to move on.”
The EWTN reporter later interjected in the middle of the briefing a question about the supposed inconsistency of President Biden’s Catholic faith and his support for abortion rights.
The Blade, after being called on by Psaki, pointed out the White House has issued no reaction to Fulton, which could have significant impact on the ability of LGBTQ couples to adopt and foster children. Asked whether Biden was briefed on the ruling, Psaki went back to a non-existent previous statement.
“I thought we had,” Psaki replied. “If not, I will get that to you and this gentlemen over here.”
The Supreme Court, in a rare unanimous decision, issued in Fulton a limited ruling for Catholic Social Services, which sought a First Amendment right to reject same-sex couples in foster care despite having signed a contract with the City of Philadelphia agreeing not to discriminate against LGBTQ people.
But instead of issuing a sweeping decision on the First Amendment, the Supreme Court issued a decision applying only to the context of the contract between Catholic Social Services and the City of Philadelphia. The ruling found the contract doesn’t survive the test of strict scrutiny under the First Amendment because it had exemption language not generally applicable.
District of Columbia
Bowser appoints first nonbinary person to Cabinet-level position
Peter Stephan named Office of Disability Rights interim director
D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.
The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.
“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.
The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.
The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.
Stephan couldn’t immediately be reached for comment.
“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.
“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel.
Bulgaria
Top EU court issues landmark transgender rights ruling
Member states must allow name, gender changes on ID documents
The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.
The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.
“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.
A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.
“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.”
Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.
“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.”
“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.
Senegal
Senegalese lawmakers approve bill to further criminalize homosexuality
A dozen men arrested in February for ‘unnatural acts’
Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.
The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.
The bill passed with near unanimous support. Only three of 135 MPs abstained.
President Bassirou Diomaye Faye is expected to sign the measure.
The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.
Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”
Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”
“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.
Türk also urged Faye not to sign the bill.
“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk.
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