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Marsha P. Johnson Institute honors, uplifts Black trans lives

Elle Moxley on ‘making the full humanity of our existence visible’

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Elle Moxley with actress Dominique Jackson at the MPJ Institute’s recent event with H&M. (Photo courtesy MPJ Institute)

Marsha P. Johnson — a towering figure in the Stonewall Rebellion — would have celebrated her 77th birthday this week. Johnson was an outspoken advocate for gay and trans rights, and the “P” in her name stood for “Pay it no mind” — her response when asked about her gender. 

In honor of the late activist’s birthday, the Blade sat down with Elle Moxley, founder of the Marsha P. Johnson Institute, to discuss how Johnson’s legacy lives on.

BLADE: When and why did you found the Marsha P. Johnson Institute?

ELLE MOXLEY: The Marsha P. Johnson Institute launched in 2019, and my founding of the organization was in response to the consistent murders that were being reported of Black trans women across the country. I have spent many years working as an organizer and activist, and I saw that there was a gap in social justice spaces — in terms of the solutions that were being generated in response to those murders, but also to the systemic and structural violence that existed around Black trans people and Black people period.

The organization was named in honor of Marsha P. Johnson to affirm the movement that Marsha spearheaded and to create a space where the movement of today had a place to live, without disregarding the history of so many that came before.

BLADE: Can you tell me about the spirit of Marsha P. Johnson that you see in the Institute?

MOXLEY: The fight for equity is something that we see as an evolvement of Marsha’s belief in equality, and we recognize that Marsha was very visible in a movement that did not always reflect faces that looked like hers, in terms of what we understood about LGBTQ rights or LGBTQ people. Knowing that Black trans people exist outside of our deaths and outside of our murders is really where we see the evolvement of our work at the Institute, but that evolvement would not even be possible if Marsha had not made herself visible on the front lines of her activism. It is in that regard where we see ourselves very much mirroring a model that she created for the movement, and we have certainly held up the torch and are carrying it forward.

BLADE: The Institute’s Starship Artists Fellowships are set to begin soon — what are your hopes for the new program?

MOXLEY: With all of our new programming, it really is our hope that we are changing the culture of global societies — that we are not only making Black trans people visible, but we’re making the full humanity of our existence visible. The artists’ fellowship was created to pay homage to the visionaries that exist in the Black trans community. There’s a Black trans renaissance that certainly is underway, and we want to continue to support that function of movement. A lot of people assume that movement is literally about protesting — and that certainly is a big part of it — but there are other ways that you can resist but also practice your joy. We really want it to mirror that Black trans people are joyful — we have joy, and murder is not the only thing we expect to happen to us. Our artists’ fellowship creates space for artists to imagine a bigger picture, a bigger world, for Black trans futures.

I am an artist myself, so that was also a big part of it. Activism is something that Black trans people often have to choose to survive, and we are mad and angry about our circumstances, but we actually are people who have other dreams and desires outside of just fighting for our lives. Marsha P. Johnson again served as an amazing model for movement — her participation in street art and in theater troupes is a reflection of the joy that so many people find outside of their activism.

BLADE: In honor of Black Philanthropy Month and Black August, are there any understudied or underreported causes and freedom fighters that people should be more aware of?

MOXLEY: Just several weeks ago, we lost one of the most important freedom fighters and political prisoners of our time — Albert Woodfox, who was held in solitary confinement for 44 years, the longest solitary confinement in U.S. history. I would say that Black August is always an opportunity for people to understand the structural inadequacies that exist not only in prisons, but in the world. It’s real people who are being housed in prisons, and I say real people because the atrocities of life are often happening to the people who are in cages. I think Black Philanthropy Month creates a space for more investments to happen to organizations who are leading the fight against the apartheid and the segregation that certainly exist in America.

To celebrate the freedom fighters of our time, we are uplifting Black trans freedom fighters who have given their lives to movement, who have given their lives for others. And that’s happening in and outside of prisons — those who are on the inside of prisons are always still advocating for the people in the communities that they believe in, and we are so grateful and thankful to those folks.

BLADE: It seems like most of the recent news about reproductive rights and trans rights has been dismal. Are there any bright spots on your radar, in terms of legislative progress on these issues?

MOXLEY: Anytime a human right is interrupted or taken away, it is such a negative for so many people who are looking for legislation that gives them hope. I will say that I’ve just been hopeful about the future of democracy and of our humanity. I think there are so many activists who have been activated to lead to more generative resolutions around legislation, especially when we think about piecemeal legislation actually being the thing that’s being abolished. That’s the beautiful juxtaposition of what happens when we lose a law — the thing about laws is that they can go away, and they can always return.

If we lean into the positive, we have an opportunity to create more than we originally started with. And that’s the thing that gives me so much hope — we can create more foundational legislation that accounts for the human rights of all people and not just a specific kind. With reproductive justice being at the center of so many of our political conversations, what we are seeing is an expansion of what reproductive justice means and who reproductive justice applies to. And that is what gives me great hope, that we will now be able to account for more than just the abortions of trans men, that we’ll be able to think about the reproductive rights of Black trans women and nonbinary people in ways that we’ve never been able to consider before. 

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

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U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

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U.S. Supreme Court

LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP

Kennedy v. Braidwood oral arguments heard Monday

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HHS Secretary Robert F. Kennedy, Jr. (Washington Blade photo by Michael Key)

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.

Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.”

The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Law’s Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.

The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.

While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.

Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the “Ending the HIV Epidemic” begun under Trump’s first term will be continued.

“Today’s Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”

She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.”

Lambda Legal HIV Project Director Jose Abrigo said, “The Braidwood case is about whether science or politics will guide our nation’s public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”

“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”

He continued, “What’s at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one group’s rights is an attack on all.”

PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”

He continued, “Implementing cost-sharing  would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”

“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.”

“Today’s oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities — it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”

She continued, “Since the Affordable Care Act’s preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”

“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”

“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.”

“We are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”

“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffs’ arguments today were cloaked in esoteric legal language, at it’s heart, this case revolves around the Christian Right’s objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”

“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.

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