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HRC launches ‘Reality Flag’ campaign to boost Equality Act

Removal of 29 stars symbolizes states that lack LGBTQ protections

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(Screen capture via YouTube)

The Human Rights Campaign, the nation’s largest LGBTQ civil rights organization, announced it is launching a nationwide multimedia campaign to promote the approval by Congress of the LGBTQ nondiscrimination legislation known as the Equality Act.

In a Feb. 23 statement HRC says the campaign, among other things, will include a series of “powerful” video ads for social media and TV created by Emmy Award-winning director Joey Soloway that tell stories of how individual LGBTQ people are adversely impacted by discrimination.

At the center of the campaign as depicted in the videos is an American flag with 29 of the 50 stars removed to draw attention to the 29 states that do not have comprehensive legal protections for LGBTQ people that HRC is calling the “Reality Flag.”

In its official launch of the campaign on Feb. 23 HRC unveiled an 85-foot-long version of the Reality Flag on the outer wall of its headquarters building in D.C. that HRC points out is located just six blocks from the White House.

Human Rights Campaign building. (Washington Blade photo by Michael Key)

“The Reality Flag campaign is designed to point out the inequalities LGBTQ+ individuals face every day – in our own voice,” said Joni Madison, HRC’s interim president. “From housing and educational discrimination to denial of government and health services, LGBTQ+ people are confronted by hurdles to simply exist every day,” Madison said in a statement.

“This needs to change,” she said. “The Reality Flag not only calls out the 29 states where basic freedoms are still missing for millions of people but stands as a symbol of hope that communities can rally behind to enact meaningful change.”

HRC’s Reality Flag campaign comes at a time when most political observers unaffiliated with the Equality Act’s staunch supporters and opponents believe the bill has no chance of passing in the U.S. Senate any time soon, even though it passed in the U.S. House in February 2021 by a vote of 224 to 206. In the House vote, only three Republicans joined all 221 Democrats in voting for the measure.

Observers note that although Democrats have a slim majority in the 50 Democrat-50 Republican Senate with Vice President Kamala Harris set to break a tie vote in favor of Democrats, the Senate’s longstanding filibuster rule that Democrats are unable to change means the Equality Act needs a 60-vote majority to pass.

Forty-nine of the 50 Senate Democrats have signed on as co-sponsors of the Equality Act. Maverick Democratic Sen. Joe Manchin of West Virginia emerged as the sole Senate Democrat saying he cannot support the Equality Act in its current version due, in part, to what Manchin says is its provisions related to transgender nondiscrimination in school sports and school bathroom use.

Sources familiar with the Senate told the Washington Blade last May that even if the filibuster rule is eliminated, other Democratic senators from swing states would likely join Manchin in withholding support for the Equality Act due to efforts by some Republicans to turn transgender rights into an inflammatory wedge issue.

The official congressional website Congress.gov states that the Equality Act calls for prohibiting “discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system.”

The Congress.gov site adds, “The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.”

Several moderate GOP senators, including Sen. Susan Collins (R-Maine), have said they support the principle of protections against discrimination for LGBTQ people and would be willing to vote for a revised Equality Act that includes what they call religious rights protections and some changes in the transgender provisions.

Some Republican observers have said enough Republicans would likely join Democrats to reach the needed 60 votes to pass the Equality Act in the Senate if Democrats agree to the changes proposed by the moderate Republicans.

Other Republicans, however, including the national LGBTQ GOP group Log Cabin Republicans, have said the Equality Act should be discarded altogether following the landmark U.S. Supreme Court decision in 2020 known as Bostock v. Clayton County. The decision declares that Title VII of the U.S. Civil Rights Act of 1964, which bans sex discrimination, also prohibits employers from discriminating on the basis of sexual orientation and gender identity.

Equality Act supporters have argued that the legislation is still needed to ensure that LGBTQ people are fully protected from discrimination in other areas such as housing and public accommodations.  

Representatives of both sides have said negotiations have been taking place over possible changes in the Equality Act since at least the beginning of last year, but nothing has emerged from those reported negotiations as of this week.

Many LGBTQ advocacy organizations, including HRC, have said the GOP suggested changes to the Equality Act related to “religious freedom,” which the bill’s supporters say means a right to discriminate against LGBTQ people based on religious grounds in a nonreligious setting such as a private business open to the public, are unacceptable.

Most LGBTQ advocacy groups have also declared as unacceptable GOP proposals to weaken or remove protections for transgender people in the legislation, saying such proposals are being promoted by people who have been misled or are themselves misleading others to believe cisgender women in sports and in public restrooms as well as in school bathrooms and showers would be adversely impacted by the current version of the legislation.

With both sides in what most Capitol Hill observers consider to be a complete deadlock, Senate Democrats, including Senate Majority Leader Charles Schumer (D-N.Y.), have not indicated a willingness to bring the Equality Act up for a vote in the Senate this year.

Schumer’s office didn’t reply to an inquiry from the Blade last week asking whether Schumer would consider bringing the Equality Act to the Senate floor for a vote this year or next year if Democrats retain control of the Senate in the 2022 midterm elections.

With that as a backdrop, David Stacy, HRC’s Government Affairs Director, told the Blade in a Feb. 25 statement that passage of the Equality Act remains a high priority for HRC and the LGBTQ+ community.

“Getting any legislation through the U.S. Senate is not easy,” Stacy said. “In the meantime, support continues growing for the bill, and we believe the Reality Flag campaign will continue to generate the awareness and education needed to continue growing support and pressure for action,” he said.

“We’ve already seen since our launch people coming out saying they had no idea LGBTQ+ people didn’t already have these protections, and that’s what we aim to do here: educate people and inspire them to take action at the grassroots level across the country – call their senators and make it clear that it’s time we need this done,” Stacy said. “Some people may be ready to give up. We are not,” he said.

In its three-page statement announcing the launch of its Reality Flag campaign, HRC says the campaign is being produced in partnership with a team of advertising and public relations agencies affiliated with the international marketing and communications company giant WPP.

“While the campaign seeks to galvanize public support for the Equality Act and driving audiences to take action at RealityFlag.com, it also underscores the importance of lifting up and showcasing the real stories and lived experiences of LGBTQ+ people impacted by discrimination,” the statement continues.

It says the stories about individual LGTQ people will primarily be featured in “video vignettes” created by TV writer and director Joey Soloway, the Emmy Award-winning creator of “Transparent,” an original Amazon Studios streaming television comedy-drama series about a transgender woman and her family. Soloway identifies as non-binary and gender non-conforming.

“These stories … will be amplified through both an advertising campaign, including partnerships with 20 national media platforms, achieving an anticipated 30 million-plus impressions during launch, including TV, print, display, video, audio, cinema, OOH, social, and search,” the HRC statement says.

Access to some of the video ads slated for the HRC Reality Flag campaign can be found at  RealityFlag.com.

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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