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HRC announces independent review of president ensnared in N.Y. AG report

Chicago-based law firm to undertake 30-day investigation

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State Equality Index, gay news, Washington Blade
Alphonso David (above) has been ensnared by the New York attorney general on report. (Blade file photo Michael Key)

The nation’s leading LGBTQ advocacy group has announced to staff an independent review of Alphonso David, president of the Human Rights Campaign, after he was ensnared in the damning report from the New York attorney general finding Gov. Andrew Cuomo violated the law by sexually harassing 11 women employees.

A pair of emails ā€” one from the Human Rights Campaign board, the other from David ā€” went out Monday morning and announced the independent review would be conducted by the Chicago-based Sidney Austin LLP that will take no longer than 30 days to complete. The emails were shared with the Washington Blade and a representative for the Human Rights Campaign confirmed the emails were accurate.

David, in his email, says he “fully endorse[s]” the review, reiterating he has joined calls for Cuomo to resign and denies any wrongdoing.

“One thing this horrible situation reminds us of is that discrimination, misconduct and abuse often thrive in darkness, and it makes me more determined than ever to continue fighting injustice and speaking up for those who need our voice,” David writes.

A spokesperson from Sidney Austin LLP didn’t immediately respond in time for this posting to comment on the nature of the review, who will conduct it or the timeline to reach benchmarks within that 30-day window.

The announcement comes nearly a week after New York Attorney General Letitia James issued the explosive report, which sent shockwaves through the LGBTQ community as many called on David to resign.

David has denied any wrongdoing from the start, and the Human Rights Campaign board stood by him by announcing on the day the report was issued the organization had renewed his contract for another five years.

Internally, things are tense for David as the organization suffers from high turnover and the movement is under strain as anti-transgender bills advance through state legislatures and the Equality Act is held up in Congress. According to a report in the Huffington Post, a recording of a one-hour staff meeting between David and staff on Wednesday revealed a tense question as they asked him about his role in the Cuomo affair. One staffer asked, “When are you resigning?”

Another LGBTQ advocate included in the report is already making moves. Roberta Kaplan, who successfully argued in 2013 against the Defense of Marriage Act and has taken cases of women accusing former President Trump of sexual assault, has stepped down from her role as a board member for “Time’s Up,” according to reports in the Associated Press and New York Times.

(Kaplan was described in the report as having reviewed and read a potential op-ed seeking to discredit one of the survivors of sexual harassment to see if it was OK to make public. The op-ed went unpublished.)

The emails on Monday from the HRC board recognize the distress David’s inclusion in the report has caused the LGBTQ community. As noted in the email from the board and David, many people in the the LGBTQ community are survivors of sexual misconduct. Both emails, nonetheless, express a desire to continue forward.

“One thing we want to make clear, this investigation will in no way hinder the organization’s continued pursuit of the critical work necessary to being equity and liberation to the LGBTQ+ community,” the board writes in the email.

David in his email goes into detail about the findings in the report, maintaining he had no knowledge about any incident of sexual misconduct as described in the report and his inclusion in the report indicates no wrongdoing.

Although the report says David kept material from a personnel file on one of the accusers after he left Cuomo’s office and, after being asked by Cuomo for a copy, assisted in returning it to them in efforts to distribute it to the media and discredit the alleged victim, David says he was “legally obligated” to provide the report and “was not involved” in its public dissemination. Why he had the material in the first place is not addressed in his email. David is quoted in the report as saying that was because he was involved in counseling the employee.

Another component of report indicates David said he’d help seek out names for the op-ed that would have sought to discredit the accuser, although he allegedly said he wouldn’t sign the document. David, in his email, acknowledges he refused to sign it and says he “never agreed to circulate it.”

David, however, doesn’t in the email address a third component of the report finding he took part in discussions among Cuomo’s staffers about calling another accuser and secretly obtaining a recording in an attempt to discredit her. David told the Blade that was because his role in the conversation was in his capacity as legal counsel.

Although voices have emerged calling on David to resign, other LGBTQ leaders have come to David’s defense and others say they’re awaiting further information before rending a judgment.

Elizabeth Birch, a former executive director of the Human Rights Campaign, said in an email to the Washington Blade she stands behind David.

“I have enormous respect for Alphonso David,” Birch said. “No person who has endured sexual harassment should ever be silenced. I believe Alphonso when he states he did not participate in attempts to silence any of Governor Cuomoā€™s accusers.ā€

Meanwhile, the report is already hampering efforts to advance the legislative agenda for the LGBTQ movement and passage of the Equality Act, which was already all but dead in the U.S. Senate. Sen. Charles Grassley (R-Iowa) last week sent a letter to the Senate Judiciary Committee asking for inclusion of the AG report in the record, drawing on the ties between David and Cuomo’s sexual misconduct to build the narrative from opponents of the Equality Act asserting it would be a threat to women’s safety.

Kierra Johnson, executive director of the National LGBTQ Task Force, said in an email to the Washington Blade she is withholding judgment and her organization is “still processing the media related to the NY AG Cuomo investigation and report.”

“It is imperative, albeit at times difficult, that we remain vigilant in finding and accepting the truth and implementing interventions that facilitate our ability to rebuild trust and keep the work moving forward,” Johnson said. “These times require that we slow down, challenge ourselves to articulate and understand complexity and nuance, resist being reactive and lean into our values. We condemn sexual harassment and abuse, and we are in solidarity with the survivorsā€™ quests for justice.”

Johnson, however added, the report makes clear Cuomo “should resign” because that would be “the right thing to do for NY and for survivors everywhere.”

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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