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Report details U.S. efforts to promote LGBTQ rights abroad

White House policy memo issued in 2021

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Deputy Secretary of State Wendy Sherman and other State Department officials help raise the Progress Pride flag over the State Department on June 25, 2021. (Washington Blade photo by Michael K. Lavers)

The State Department on Thursday released a report on the implementation of President Biden’s memo that committed the U.S. to the promotion of LGBTQ rights abroad.

The report notes last June’s appointment of Jessica Stern as the special U.S. envoy for the promotion of LGBTQ rights abroad and the issuance of passports with “X” gender markers that began on April 11.

Stern on Thursday told reporters during a conference call the State Department has created the Global LGBTQI+ Inclusive Democracy and Empowerment Initiative “that seeks to ensure democracies are inclusive of LGBTQI+ persons, representative of their communities and families and responsive to their needs and concerns.” Stern also noted roughly 60 percent of Peace Corp posts have implemented “specific LGBTQI+ equity practices within their operations.”

Stern highlighted the U.S. supported the inclusion of sexual orientation and gender identity in a resolution in support of “democratization and enhancing periodic and genuine elections” the U.N. General Assembly adopted last November. Stern also noted the U.S. Agency for International Development again tracks how its foreign assistance programs promote LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank who is the first openly lesbian American ambassador, on Wednesday told the Washington Blade during an exclusive interview that she expects the U.S. government will endorse a proposed LGBTQ-specific safeguard for the ADB. Stern on Thursday noted the Department of Homeland Security has issued guidance to recognize informal same-sex marriages for the purposes of obtaining refugee or asylee status, even if they are not officially recognized by officials in countries of origin.”

The report also highlights how the Commerce, Defense, Justice, Labor, Treasury and Health and Human Services have implemented the memo that Biden issued in February 2021.

“This memorandum makes clear that promoting and protecting the human rights of LGBTQI+ persons is a U.S. foreign policy priority,” said Stern. “The report outlines how U.S. government agencies engaged abroad are working to become LGBTQI+ inclusive. It shows that many individual actions across the U.S. government taken as a whole create institutional change and improves the daily lives of LGBTQI+ persons.”  

Secretary of State Antony Blinken in a statement echoed Stern.

“It remains vitally important that we address the violence and discrimination faced by LGBTQI+ persons while acknowledging the effects of the intersections of race and ethnicity, gender, disability, religion and national origin, to name a few,” said Blinken. 

“As the report demonstrates, the U.S. government advances these priorities by supporting efforts to end the criminalization of LGBTQI+ status and conduct, seeking to protect vulnerable LGBTQI+ refugees and asylum seekers, providing foreign assistance to protect the human rights of LGBTQI+ persons and advancing  non-discrimination protections, responding to human rights abuses of LGBTQI+ persons abroad, building coalitions of like-minded nations, and engaging international organizations in the fight against LGBTQI+ discrimination,” added Blinken. “Our collective efforts drive toward the goal of ending violence and discrimination on the basis of sexual orientation, gender identity or expression, and sex characteristics. Equality and equity build stronger societies for all.”

USAID Administrator Samantha Power on Thursday said the memo “was a call to action based on a simple premise: That all human beings should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love.”

“Over the past year, as today’s report demonstrates, USAID has made important progress toward achieving these ambitions through a commitment to LGBTQI+ inclusive development in our policies and programs that reach millions of people around the world,” said Power.

The full report can be read here.

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Federal Government

Department of Education to investigate Nex Benedict’s Okla. school district

Nonbinary student died last month after students assaulted them

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Nex Benedict (Family photo)

On Friday the U.S. Department of Education informed Human Rights Campaign President Kelley Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the death of Nex Benedict, a 16-year-old nonbinary teenager of Choctaw heritage. 

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to Education Secretary Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s death.

The letter from the Department of Education reads: “the U.S. Department of Education, Office for Civil Rights (OCR), is opening for investigation the above-referenced complaint that you filed against the Owasso Public Schools (the District.) Your complaint alleges that the District discriminated against students by failing to respond appropriately to sex-based harassment, of which it had notice, at Owasso High School during the 2023-2024 school year,” said Robinson.

“Nex’s family, community and the broader 2SLGBTQI+ (two-spirit, lesbian, gay, bisexual, transgender, queer and intersex+) community in Oklahoma are still awaiting answers following their tragic loss. We appreciate the Department of Education responding to our complaint and opening an investigation — we need them to act urgently so there can be justice for Nex, and so that all students at Owasso High School and every school in Oklahoma can be safe from bullying, harassment and discrimination,” Robinson added.

According to the letter, OCR is opening the following issues for investigation:

  • Whether the District failed to appropriately respond to alleged harassment of students in a manner consistent with the requirements of Title IX.
  • Whether the District failed to appropriately respond to alleged harassment of students in a manner consistent with the requirements of Section 504 and Title II.

HRC sent a second letter to the Department asking it to promptly begin an investigation into the Oklahoma State Department of Education, as well as the current State Superintendent of Public Instruction, Ryan Walters. In addition:

  • Robinson wrote to Attorney General Merrick Garland asking the Department of Justice to begin an investigation into Nex’s death.
  • Robinson wrote to Dr. Margaret Coates, superintendent of the Owasso School District in Oklahoma, calling for the superintendent to take advantage of HRC’s Welcoming Schools program — the most comprehensive bias-based bullying prevention program in the nation to provide LGBTQ and gender inclusive training and resources — and offering to bring experts to the district immediately.

The full text of the letter from the Department of Education in response to HRC can be found here.

The full text of the initial letter from Robinson to Cardona can be found here.

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Federal Government

Schools are the third most popular location for hate crimes, FBI says

Agency previously found anti-LGBTQ incidents increased significantly

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FBI Director Christopher Wray (Screen capture/NBC News)

Statistics released by the Federal Bureau of Investigation on Monday reveal that schools were the third most popular spot for bias-motivated hate crimes that were reported between 2018-2022.

Primary and secondary schools and university campuses accounted for 10 percent of all hate crimes reported in 2022, while the first and second most common locations were homes and residences and highways, roads and alleyways, the FBI said in its report.

Data comes from the agency’s Uniform Crime Reporting program. The FBI’s annual crime report from 2022, which was released in October, found that anti-LGBTQ hate crimes rose precipitously from the previous year.

Specifically, there with a 13.8 percent increase in crimes motivated by the victim’s sexual orientation and a 32.9 percent increase in crimes motivated by the victim’s gender identity.

In the five years covered in the FBI’s report on Monday, anti-LGBTQ crimes were the third most common, behind those perpetrated against Black or African American victims and those targeting those from certain religious groups, most often Jewish people.

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Federal Government

Trans veterans sue the VA for coverage of surgeries

Case filed in the U.S. Court of Appeals for the Federal Circuit

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U.S. Department of Veterans Affairs Secretary Denis McDonough (Screen capture/YouTube)

A group of transgender veterans on Thursday sued the U.S. Department of Veterans Affairs to compel the agency to cover gender affirming surgeries, following verbal assurances that it would begin providing these services.

The lawsuit, filed by the Transgender American Veterans Association, aims to reduce the risk of adverse health outcomes that can result from lack of access to medically necessary healthcare interventions for people with gender dysphoria.

This includes suicides, depression and psychological distress.

In its complaint before the U.S. Court of Appeals for the Federal Circuit in Washington, the group argued gender affirming surgeries are often prohibitively expensive when administered by private doctors.

Veterans Affairs Secretary Denis McDonough in 2021 said the agency was engaged in a rule making process to provide these services to trans veterans such that they can “go through the full gender confirmation process with VA by their side.”

The process, he said, would take a few years to “develop capacity to meet the surgical needs.”

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