Connect with us

National

Tenn. AG leads states in suing Biden admin over trans-inclusive policy

Lawsuit contends EEOC, Department of Education were unlawful

Published

on

Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A lawsuit contends the Department of Education and EEOC were unlawful in issuing trans-inclusive policy.

Tennessee Attorney General Herbert Slattery is leading a group of 20 states in suing the Biden administration over guidance in support of allowing transgender people to access school sports and bathrooms consistent with their gender identity.

The lawsuit, filed Monday before the U.S. District Court for the Eastern District of Tennessee, challenges the Department of Education and the U.S. Equal Employment Opportunity Commission over guidance issued in the wake of President Biden’s executive order directing federal agencies to broadly implement the U.S. Supreme Court’s decision last year against anti-LGBTQ discrimination.

“This case is about two federal agencies changing law, which is Congress’ exclusive prerogative,” Slatery said in a statement. “The agencies simply do not have that authority. But that has not stopped them from trying.”

The 38-page complaint contends the Department of Education and EEOC and went too far with its guidance to schools and employers on the Supreme Court’s decision in Bostock v. Clayton County, which determined anti-LGBTQ discrimination is a form of sex discrimination, thus illegal under the Title VII of the Civil Rights Act of 1964.

“This recent guidance from the Department and the EEOC concerns issues of enormous importance to the States, employers, educational institutions, employees, students, and other individual citizens,” the lawsuit says. “The guidance purports to resolve highly controversial and localized issues such as whether employers and schools may maintain sex-separated showers and locker rooms, whether schools must allow biological males to compete on female athletic teams, and whether individuals may be compelled to use another person’s preferred pronouns. But the agencies have no authority to resolve those sensitive questions, let alone to do so by executive fiat without providing any opportunity for public participation.”

The Department of Education issued a “fact sheet” indicating schools are required to allow transgender kids to compete in sports consistent with their gender identity under Title IX of the Education Amendments of 1972, while the EEOC chair issued a “technical assistance document” instructing employers to allow transgender people to use restrooms and locker rooms consistent with their gender identity, as well as adhere to a dress code on that basis.

The lawsuit calls on the court to declare the guidance invalid and unlawful and to prohibit the U.S. government from enforcing it based on multiple counts, including violation of the Administrative Procedure Act.

States joining Tennessee in filing the lawsuit are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota and West Virginia.

The Washington Blade has placed a request in with the Department of Education and EEOC as well as the White House and U.S. Justice Department seeking comment on the lawsuit.

Continue Reading
Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Congress

Jim Kolbe dies at 80

Former Ariz. congressman first openly gay Republican House member

Published

on

Rep. Jim Kolbe (R-Ariz.) speaks at a press conference on Feb. 28, 2013 for the filing of an amicus brief supporting the overturning of the Defense of Marriage Act. (Blade file photo by Michael Key)

Former Republican Congressman James (Jim) Thomas Kolbe, who represented Southern Arizona in Congress for 22 years, died Saturday of a stroke at the age of 80 his husband Hector Alfonso confirmed to Arizona media outlets.

“He belongs to so many people,” his husband said through tears on Saturday. “He gave his life for this city. He loved Tucson, he loved Arizona.”

Republican Arizona Gov. Doug Ducey ordered flags at all state buildings be lowered to half-staff until sunset Sunday in honor of the former congressman. In a series of tweets the Arizona governor lauded Kolbe’s record of public service.

Kolbe was the first openly serving gay Republican in the U.S. House of Representatives having served from 1985 to 2007.  During his 22-year tenure he served as chair of the Subcommittee on Foreign Operations, Export Financing and Related Programs of the House Appropriations Committee.

Former congressman Jim Kolbe (R-Ariz.) (Blade file photo by Michael Key)

In 1996, Kolbe held a press conference and outed himself after his vote for the Defense of Marriage Act. This, according to political journalist Jake Tapper, was owed to the fact that Kolbe was under the impression he was about to be outed by a gay publication.

Addressing a gathering of Log Cabin Republicans and other gay Republicans in 1997, he said he didn’t want to be a poster child for the gay movement.

“Being gay was not — and is not today — my defining persona,” Kolbe said during his first speech as an openly gay GOP lawmaker. He also sat on the national advisory board of the Log Cabin Republicans.

In 2013, however, Kolbe was a signatory to an amicus brief in support of overturning California’s Proposition 8.

In a private ceremony in 2013, after being together for eight years, Kolbe and Alfonso were married.

Alfonso, a Panamanian native who came to the U.S. on a Fulbright scholarship to pursue studies in special education, had been a teacher for two decades. The couple’s nuptials were held at a private event at the Cosmos Club on Massachusetts Avenue.

“Two decades ago, I could not have imagined such an event as this would be possible,” Kolbe told the Washington Blade in an interview in May 2013. “A decade ago I could not imagine that I would find someone I could be so compatible with that I would want to spend the rest of my life with that person. So, this is a very joyous day for both of us.”

The couple had to endure a year-long separation when Alfonso returned to Panama while immigration issues were being sorted out, although he was granted U.S. residency, also known as a green card.

Kolbe also battled his friend and fellow Republican, U.S. Sen. John McCain (R-Ariz.), who opposed the repeal of the Clinton-era “Don’t Ask, Don’t Tell” policy, which barred military service by gay and lesbian Americans. He repeatedly co-sponsored a bill to scrap the military’s “Don’t Ask, Don’t Tell” policy at odds with others in his party over the issue.

After he left Congress he continued to be active in Republican politics in 2012 endorsing former Massachusetts Gov. Mitt Romney in his race for the presidency against then incumbent President Barack Obama.

In an interview with the Blade at the time, Kolbe responded to the anti-gay language in the draft version of the Republican Party platform. In addition to endorsing a Federal Marriage Amendment, the platform criticized the Obama administration for dropping defense of DOMA in court and judges for “re-defining marriage” in favor of gay couples.

Kolbe predicted the 2012 Republican platform will be the last one to include such language.

“That’ll be the last time that will be in the Republican Party platform,” Kolbe said. “It won’t be there four years from now. It’s got its last gasp. I don’t believe it’ll be there four years from now; I wish it weren’t there now, but I don’t believe it will be four years from now.”

The issue over the rights of same-sex couples to marry ended with Obergefell v. Hodges, 576 U.S. 644, the landmark civil rights case in which the U.S. Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14th Amendment to the Constitution.

Just this week prior to his death, the Respect for Marriage Act passed the Senate by a vote of 61-36.

That legislation requires the federal government to recognize a marriage between two individuals if the marriage was valid in the state where it was performed and guarantee that valid marriages between two individuals are given full faith and credit, regardless of the couple’s sex, race, ethnicity or national origin. It is expected to pass the House again this week after which it heads to President Joe Biden for his signature.

Early in his career, Kolbe in 1976 ran for a seat in the Arizona Senate in the Tucson-Pima County district and defeated a one-term Democrat. In mid-1982, he resigned from the state Senate to run in the newly created Arizona’s 5th U.S. congressional district, but lost to Democrat Jim McNulty.

He ran again in 1984 winning the seat that he went to hold for over two decades.

According to his biography Kolbe was born in Evanston, Ill., a suburb of Chicago, but when he was five, his family moved to a ranch in rural Santa Cruz County, Arizona. It was there he attended Patagonia Elementary School and Patagonia Union High School, but graduated from the U.S. Capitol Page School in 1960 after serving for three years as a Senate Page for Arizona Republican U.S. Sen. Barry Goldwater.

He matriculated first at Northwestern University and then at Stanford University earning a master’s degree in economics. During the Vietnam era from 1965 to 1969, he served in the U.S. Navy, including a tour in Vietnam as a member of the Navy’s “Swift Boat” force. 

After military service Kolbe served as a special assistant to Republican Illinois Gov. Richard B. Ogilvie. He then moved back to Arizona settling in Tucson where he worked in business.

Accolades for the former congressman included many from Arizona political and business fields of endeavor.

“Pima County and southern Arizona could always count on Jim Kolbe,” Pima County Board of Supervisors Chair Sharon Bronson said in a statement.

Matt Gress, who was recently elected to the Arizona Legislature, called Kolbe a political pioneer.

“Today, because of Jim Kolbe, being a member of the LGBT community and serving in elected office has become irrelevant,” he said in a statement.

Continue Reading

District of Columbia

HHS secretary discusses federal overdose prevention efforts at Whitman-Walker

Officials held round table with clients, ‘community stakeholders’

Published

on

U.S. Health and Human Services Secretary Xavier Becerra (Public domain photo)

U.S. Department of Health and Human Services Secretary Xavier Becerra and four other high level federal health officials held a roundtable community meeting followed by a press conference at D.C.’s Whitman-Walker Health headquarters on Friday to discuss what they said were “groundbreaking” efforts to address and end the nation’s epidemic of deaths from the overdose of opioid drugs.

A statement released by HHS says Becerra and the other officials, including Dr. Rahul Gupta, director of the White House Office of National Drug Control Policy, reached out to Whitman-Walker, which, among other things, operates one of the D.C. metro area’s preeminent substance abuse treatment programs, to commemorate the one-year anniversary HHS’s Overdoes Prevention Strategy program.

“Now, one year after the release of this strategy, our nation is in a much stronger position to treat addiction and save lives,” Becerra said. “We didn’t get here by accident. Thanks to decades of work by advocates, coupled with an unparalleled people-first strategy and unprecedented investment by the Biden-Harris administration, we have made a great deal of progress,” he said.

The officials, including Gupta, pointed out that the Overdose Prevention Strategy over the past year and an updated effort launched this month have focused on greatly expanding availability of the drug overdose antidote medication naloxone.

“Deaths caused by opioids like illicit fentanyl are preventable with naloxone, and today’s announcement means more life-saving naloxone will be in communities across the country,” Gupta said. “The latest data continue to show a hopeful trend of a decreases in overdose deaths, so we must remain focused on fully implementing President Biden’s National Drug Control Strategy that will save tens of thousands of lives by expanding care for substance use disorder, making naloxone more accessible, and dismantling drug trafficking operations,” he said. 

In addition to Gupta from the White House, Becerra was joined at the community meeting and press conference by Dr. Miriam Delphin-Rittmon, assistant secretary for the Substance Abuse and Mental Health Services Administration (SAMHSA), which is an arm of HHS; Dr. Debra Houry, acting principal deputy director of the U.S. Centers for Disease Control and Prevention and Dr. Robert Califf, commissioner of the U.S. Food and Drug Administration. 

Also participating in the roundtable session and press conference was U.S. Sen. Tammy Baldwin (D-Wis.), the nation’s first out lesbian member of the Senate. 

Becerra said he invited Baldwin to participant in the day’s events, among other things, because of her record of advocacy and support for funding of federal substance abuse and overdose prevention programs. 

“One area I’ve championed in Congress is increasing access to overdose reversal medication like naloxone,” Baldwin said. “We know that when you increase access to this safe and effective treatment that you save lives,” she said. “And I’m thrilled to see the Biden administration and especially the Food and Drug Administration taking steps to increase access to naloxone.”

Califf told the gathering one of the FDA’s recently launched efforts is to work with drug manufacturers to arrange for naloxone to become an over-the-counter drug that would further expand its availability. 

From left, HHS Secretary Xavier Becerra, Dr. Rahul Gupta, Sen. Tammy Baldwin (D-Wis.), Dr. Robert Calif (at podium) and Dr. Miriam Delphin-Rittmon at Whitman-Walker Health in D.C. on Dec. 2, 2022. (Washington Blade photo by Lou Chibbaro, Jr.)

The roundtable discussion session, which included close to 50 participants, including Becerra and the other federal officials, was closed to the press, according to an HHS spokesperson, because among those participating were Whitman-Walker clients and others who receive services and support for what the officials called substance use disorder.

During the press conference that followed, Becerra spoke of how some of those participating in the roundtable discussion were part of Whitman-Walker’s success stories in helping people overcome substance use problems 

“We’re here because a year ago we decided to go in a different direction at the federal level,” he said at the press conference. “We decided that we’re not moving fast enough, we’re not moving close enough to where we need to be to try to help communities and those folks at Whitman-Walker who are trying to not just get folks into treatment but to save lives,” Becerra said. 

“And that was the great thing about the round table that we just had,” he said. “We heard about how people thrive,” he said, adding, “And one of the clients, Deborah, spoke about how she’s on the verge of getting her degree from college … That’s what we want to see … I want to thank the folks at Whitman-Walker for letting us come today to see how people can thrive and be part of that success.”

Whitman-Walker Health CEO Naseema Shafi told the Washington Blade after the press conference that Whitman-Walker has a long history of partnering with federal government agencies in addressing health issues, including Whitman-Walker’s role as a healthcare facility welcoming the LGBTQ community. 

Continue Reading

State Department

U.S. envoy for global LGBTQ, intersex rights cancels Indonesia trip

Prominent Islamic group criticized Jessica Stern’s planned visit

Published

on

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights abroad. (Photo courtesy of OutRight International)

The special U.S. envoy for the promotion of LGBTQ and intersex rights abroad’s trip to Indonesia has been cancelled after the country’s most prominent Islamic group criticized.

Jessica Stern had been scheduled to arrive in Indonesia on Dec. 7.

The Washington Post reported Anwar Abbas, the vice chair of the Indonesian Ulema Council, in a statement on Friday said the group “cannot accept guests whose purpose of coming here is to damage and mess up the noble values of our nation’s religion and culture.”

U.S. Ambassador to Indonesia Sung Kim in a statement announced Stern would no longer travel to the country.

“One of the reasons the United States and Indonesia have such a strong relationship is that we both uphold values such as democracy, human rights, diversity and tolerance. Those values should apply to every member of society, including LGBTQI+ persons,” said Kim. “In every country, dialogue about human rights is crucial. Dialogue, after all, is fundamental to democracy. Advanced democracies oppose hatred, intolerance and violence against any group of people, and encourage dialogue that reflects the broad diversity of their societies.”

“While we look forward to continuing our dialogue with religious leaders, government officials and members of the public on the important topic of ensuring respect for the human rights of LGBTQI+ persons, after discussions with our counterparts in the Indonesian government, we have decided to cancel Special Envoy Stern’s visit to Indonesia,” added Kim. “Knowing that around the world LGBTQI+ persons experience disproportionate levels of violence and discrimination, it is important to continue the dialogue and ensure mutual respect for one another, rather than pretending that the issues do not exist. Countries like Indonesia and the United States can learn from one another about how to counter hatred and ensure more prosperous, inclusive societies for all.”

A State Department spokesperson on Friday told the Washington Blade that “after discussions with counterparts in the Indonesian government and with Indonesian human rights advocates, Special Envoy Jessica Stern and Ambassador Sung Kim decided to cancel the special envoy’s visit to Indonesia planned for Dec. 7-9.” 

“We will continue to work with our Indonesian partners to promote democracy, human rights, diversity and tolerance,” said the spokesperson.

“While we are disappointed that Special Envoy Stern will not travel to Indonesia at this time, it is important to continue the dialogue and ensure mutual respect for every member of society, including LGBTQI+ persons,” added the spokesperson. “Indonesia is a valued partner of the United States, and we seek to work together with Indonesia to counter hatred and intolerance and build more prosperous, inclusive societies.”

President Joe Biden in February 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administration’s overall foreign policy.

Consensual same-sex sexual relations are decriminalized in most of Indonesia, but officials in Aceh province in 2021 caned two men under Shariah law after their neighbors caught them having sex. The Indonesian government in recent years has faced criticism over its LGBTQ and intersex rights record.

Authorities in Jakarta, the Indonesian capital, in 2017 arrested 51 people who were attending a “gay party” at a sauna. The closure of an Islamic school for transgender people in the city of Yogyakarta in 2016 also sparked outrage.

Indonesian lawmakers are currently debating a bill that would criminalize sex outside of marriage.

Continue Reading
Advertisement

Sign Up for Weekly E-Blast

Advertisement

Follow Us @washblade

Advertisement

Popular