National
Gay Fla. city councilman seeks U.S. House seat
Galvin, Victory Fund see ‘path to victory’ despite crowded primary
A gay city councilman in Florida has won several high-profile endorsements in his bid for a U.S. House seat.
Scott Galvin, who serves on the North Miami City Council, is among nine contenders seeking the Democratic nomination to represent Florida’s 17th congressional district. The primary is set for Aug. 24.
Galvin said he’s running for Congress because the U.S. faces what he called “a challenging time in our nation’s history.” Among the issues that Galvin said he wants to “bring background to Washington on” are national security issues overseas.
“We’ve got military challenges not only in Iraq and Afghanistan, but, I think, right around the corner, right in front of us — challenges in the Middle East and the Korean Peninsula,” Galvin said.
The seat Galvin is seeking to win is held by Rep. Kendrick Meeks (D-Fla.), who’s vacating the position to run for the U.S. Senate.
Among the national LGBT organizations that are backing Galvin are the Gay & Lesbian Victory Fund and the National Stonewall Democrats. Galvin said Florida Together, a local LGBT organization, also has thrown its support behind him.
Denis Dison, spokesperson for the Victory Fund, said his organization endorsed Galvin because he met the criteria considered in the organization’s endorsements. Such criteria include having a plan necessary to raise the money to compete.
“The political team and our board both agreed that there was a path to victory for Scott,” he said.
One of the factors that Dison cited in the Victory Fund’s endorsement was the crowded Democratic primary.
“When there are nine people running for this nomination, it’s much different than if you just have one or two people competing,” Dison said.
Local endorsements for Galvin have also come from Broward County Mayor Ken Keechl and Broward County Tax Appraiser Lori Parrish.
Galvin said he is additionally pursuing an endorsement from the Human Rights Campaign. He noted the organization was expected to meet this week to discuss an endorsement for his campaign.
Nadine Smith, executive director of Equality Florida, said Galvin “has a strong shot” at winning because of the crowded primary field.
“A strong … turnout can make the difference between winning and losing,” she said. “So, I think there’s going to be a real race.”
Smith said Equality Florida won’t make an endorsement in the race because her organization doesn’t have a federal political action committee. She nonetheless noted Equality Florida would help in get-out-the-vote efforts.
Galvin said LGBT issues would be “a very high priority” for him if elected to Congress. But he noted that Congress would likely tackle some of those issues, such as repeal of “Don’t Ask, Don’t Tell,” before he would take office.
Among the pro-LGBT issues Galvin said he would support are the Employment Non-Discrimination Act and the Uniting American Families Act. Galvin also supports same-sex marriage and repeal of the Defense of Marriage Act.
Galvin said the Food & Drug Administration’s ban on gay and bisexual men donating blood has long been “a pet peeve” for him and that the policy makes no sense “at all levels.”
“I don’t know why there would be a need to wait,” Galvin said. “Most of the blood banks themselves advocate for getting rid of it. Unfortunately, the stars haven’t aligned.”
Galvin said he would support legislation to overturn the ban, even though he thinks the Department of Health & Human Services should end the ban administratively.
Another issue Galvin cited as important to him was LGBT adoption rights, a priority spurred in part by Florida’s law preventing gays and lesbians from adopting.
Galvin said he was adopted by a straight couple and can “speak quite personally for the need for babies that are put up for adoption to find loving, caring homes.”
Still, Galvin called the ban “a state issue” and said he doesn’t know how much he’d be able to impact the ban as a member of Congress.
“It’s not something I’d have a direct vote in necessarily, but I would use my influence to pressure local legislators — from the governor on down to our local House people — to overturn it if there was an opportunity,” he said.
Legislation pending in Congress known as the Every Child Deserves a Family Act would address the adoption ban in Florida. The bill would restrict federal funds for states like Florida that allow discrimination in adoption based on sexual orientation and gender identity.
Galvin said he wasn’t familiar with the legislation, but said it sounds like something he’d support as well as “whatever the federal government can do” to address the adoption issue.
Galvin said discussions about whether sufficient progress has already been made 18 months within the Obama administration shows “things are actually moving quicker than … some want to give the president credit for.”
“Would I rather see him with a sweeping stroke of the pen do everything on one day?” Galvin said. “Absolutely. I also know — and this is just politics — things do move slowly.”
Galvin said judging the president would be more effective at the end of his first term as opposed to before the mid-term election.
“I certainly applaud the president for pushing LGBT issues and I’d like to see him move faster,” he said. “Hopefully, if I’m one of those sitting in Congress, I’ll be able to help make that happen.”
During his tenure on the city council following his first election in 1999, Galvin advocated for LGBT issues. He said he helped obtain domestic partner benefits for city workers and institute a policy requiring city contractors to provide such benefits to their employees.
Galvin is a member of the Miami-Dade Gay & Lesbian Chamber of Commerce and the Gay & Lesbian Community Center, according to a campaign bio.
As far as family, Galvin said he’s been dating someone for four years, but declined to identify him for this article. Galvin said his sexual orientation has “not really” yet factored into his campaign either in positive or negative ways.
Galvin said Miami-Dade County has three openly gay officials and his sexual orientation is widely known.
“It’s not like it’s a surprise or anything,” he said. “Are there people out there who are perhaps using it as a negative behind the scenes? I don’t know. None of that’s gotten back to me at this stage.”
Despite Galvin’s ambitions to serve in Congress, he faces a funding disparity among other candidates seeking the Democratic nomination in the election, according the most recent Federal Election Commission reports.
Rudolph Moise, a physician and president of the Comprehensive Health Center in North Miami, has accumulated the most money of any candidate in the field, raising more than $515,000. By comparison, Galvin reportedly raised about $56,000.
Still, Galvin said he knows his “pathway to victory” exists despite the challenge in financing.
“It’s a good-old-fashioned, shoe-leather, hitting-the-ground, get-your-voters-to-the-polls effort,” he said. “We’ll continue pushing it.”
Galvin attributed Moise’s lead in fundraising to “self-financing” of his campaign. Galvin said Moise has “a large burn rate” because he lent himself more than $200,000, but also spent more than $200,000 in the race.
“Just raising money — if you don’t do something of substance with it — doesn’t necessarily mean that you’re doing a [good] job with it,” Galvin said. “So, I think raising money in a campaign is — you got to look at [it] in a fashion that more than just, the bottom line, how much have you raised?”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.
Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.
In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.
The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.
In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.
Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.
Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.
See this portion of the court analysis here:
Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.
Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.
The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.
Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.
The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:
Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”
Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.
Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.
The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.
Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.
The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.
The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.
Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.
Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.”
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
National
GLSEN hosts Respect Awards with Billy Porter, Peppermint
Annual event aims to ‘inspire a lot of people to get active’
GLSEN will host its annual Respect Awards April 29 in New York, with guests including Miss Peppermint and Billy Porter.
Respect Awards director Michael Chavez said that the event will be moving.
“It will inspire a lot of people to get active and take action in their own communities and see how much more work there is to do, especially with all of the harmful things happening,” he said.
At the event, they will recognize the Student Advocate of the Year, Sophia T. Annually, GLSEN recognizes a student from around the country who is impacting their community.
“Sophia is doing incredible work advocating for inclusive sex education that is LGBTQ+ affirming, working with Johns Hopkins University to implement curriculum.” Chavez said.
Chavez calls the students that attend the Respect Awards the “biggest celebrities” of the evening.
“It is really important for the adults, both the allies and the queer folks, to hear directly from these queer youth about what it’s like to be in school today as a queer person,” he said.
GLSEN is a queer youth advocacy organization that has been working for more than 30 years to protect LGBTQ youth.
“GLSEN is all hands on deck right now, because our kids are under direct attack and have been for years now,” said actor Wilson Cruz.
Cruz is the chair of GLSEN’s National Board, which works to fundraise and strategize for the organization.
“I think we are fundamental to the education of LGBTQ students in school,” he said. “We advocate for more comprehensive support at the local, national, and federal levels so our students are supported.”
Chavez is one of the students that was impacted by this work. He led his school’s GSA organization and worked with GLSEN throughout his youth.
Cruz said Chavez is doing what he hopes today’s GLSEN students do in the future, which is pay the work forward.
“There’s nothing more powerful than people who have experienced the work that GLSEN does and then coming back and allowing us to expand on that work with each generation that comes forward,” he said.
Florida
Homeless transgender woman murdered in Miami Beach
Andrea Doria Dos Passos attacked while she slept
Gregory Fitzgerald Gibert, 53, who was out on probation, is charged with the second-degree murder of 37-year-old Andrea Doria Dos Passos, a transgender Latina woman who was found deceased in front of the Miami Ballet company facility by a security guard this past week.
According to a Miami Beach Police spokesperson the security guard thought Dos Passos was sleeping in the entranceway around 6:45 a.m. on April 23 and when he went to wake her he discovered the blood and her injuries and alerted 911.
She was deceased from massive trauma to her face and head. According to Miami Beach police when video surveillance footage was reviewed, it showed Dos Passos lying down in the entranceway apparently asleep. WFOR reported: In the early morning hours, a man arrived, looked around, and spotted her. Police said the man was dressed in a black shirt, red shorts, and red shoes.
At one point, he walked away, picked up a metal pipe from the ground, and then returned. After looking around, he sat on a bench near Dos Passos. After a while, he got up and repeatedly hit her in the head and face while she was sleeping, according to police.
“The male is then seen standing over her, striking her, and then manipulating her body. The male then walks away and places the pipe inside a nearby trash can (the pipe was found and recovered in the same trash can),” according to the arrest report.
Police noted that in addition to trauma on her face and head, two wooden sticks were lodged in her nostrils and there was a puncture wound in her chest.
Victor Van Gilst, Dos Passos’s stepfather confirmed she was trans and experiencing homelessness.
“She had no chance to defend herself whatsoever. I don’t know if this was a hate crime since she was transgender or if she had some sort of interaction with this person because he might have been homeless as well. The detective could not say if she was attacked because she was transgender,” said Van Gilst.
“She has been struggling with mental health issues for a long time, going back to when she was in her early 20s. We did everything we could to help her. My wife is devastated. For her, this is like a nightmare that turned into reality. Andrea moved around a lot and even lived in California for a while. She was sadly homeless. I feel the system let her down. She was a good person,” he added.
The Miami Police Department arrested Gibert, collected his clothing, noting the red shorts were the same type in the video and had blood on them. Blood was also found on his shoes, according to police. He was taken into custody and charged.
“The suspect has an extensive criminal record and reportedly was recently released from custody on probation for prior criminal charges. Police apprehended the suspect in the city of Miami and the investigation is currently ongoing. This case is further evidence that individuals need to be held accountable for prior violent crimes for the protection of the public. We offer our sincere condolences to the family and friends of the victim,” Miami Beach Mayor Steve Meiner said in a statement.
Joe Saunders, senior political director with LGBTQ rights group Equality Florida, told the Miami Herald that “whenever a transgender person is murdered, especially when it is with such brutality, the question should be asked about whether or not this was a hate-motivated crime.”
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Kenyan court bars homophobic protests
Pride season has begun
Md. governor signs Freedom to Read Act
Successful open relationships take effort
HHS reverses Trump-era anti-LGBTQ rule
Round House explores serious issues related to privilege
