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‘Gambling with lives and livelihoods’

Some fear ‘Don’t Ask’ repeal doomed if September vote is delayed

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Senate Majority Leader Harry Reid. (Blade photo by Michael Key)

Supporters of “Don’t Ask, Don’t Tell” repeal are pushing Senate Majority Leader Harry Reid (D-Nev.) to schedule a vote on the issue in September as some fear further delay would entirely derail efforts to overturn the law this year.

Alex Nicholson, executive director of Servicemembers United, said the prospects for passing “Don’t Ask, Don’t Tell” repeal are “reduced significantly” if Reid doesn’t schedule a vote on the fiscal year 2011 defense authorization before lawmakers break for the election.

“The failure of [the defense authorization bill] and [‘Don’t Ask, Don’t Tell’] to get floor time and a vote in September or first week of October will be Reid’s alone,” Nicholson said. “Bumping it off to lame duck is gambling with our community’s lives and livelihoods – the same risk we demanded Obama not take by putting off the vote until next year.”

Winnie Stachelberg, senior vice president for external affairs at the Center for American Progress, also emphasized the importance of having a vote on the defense authorization bill and “Don’t Ask, Don’t Tell” in September.

“It’s important that this happen in September because there are folks who don’t want to deal with this in a lame duck or next year,” she said.

On May 27, the Senate Armed Services Committee voted to include language that would lead to repeal of “Don’t Ask, Don’t Tell” in the defense authorization bill and reported the language as a whole to the Senate floor.

But Reid hasn’t yet scheduled a vote for the legislation on the Senate floor. Some Capitol Hill insiders have said they’re expecting the bill to come up in September, although doubts are emerging about having a vote before the month is out.

Nicholson said he thinks Reid may not schedule a vote on the defense authorization bill in September because he’s reluctant to force members to vote on controversial measures prior to the election.

The consequence of not having a vote by the end of the first week of October, Nicholson said, is that all the gains made so far over “Don’t Ask, Don’t Tell” will be “put at great risk.”

“Once the Senate goes into recess for election season, anything could happen,” Nicholson said. “So putting the [‘Don’t Ask, Don’t Tell’] vote off until after October is simply gambling with this very important issue. I don’t see how we will be able to forgive the president or Sen. Reid if that happens, because between the two of them they have the power to make sure that risk is not taken.”

Stachelberg emphasized the importance of finishing legislative action on “Don’t Ask, Don’t Tell” before the Pentagon working group completes its study on the issue on Dec. 1.

“In other words, the Pentagon’s hands will be tied to implement the recommendations if “Don’t Ask, Don’t Tell” isn’t repealed,” she said. “They’ll have to wait to come back and do that next year, and that’s a problem.”

Jim Manley, a Reid spokesperson, said the Senate is planning to have a vote in September on defense authorization, but noted Sen. John McCain’s (R-Ariz.) opposition to moving the bill to the floor just before lawmakers broke for August recess.

“When we get back in September, we’ll continue to try and work on an agreement to get the bill to the floor as quickly as possible,” Manley said. “Now that the primary is over, hopefully Sen. McCain will relent in his objection and allow us to take the bill to the floor.”

McCain’s office didn’t respond to the Blade’s request for comment on whether he would continue his objection to a vote.

Other high-profile items are on the Senate agenda for September. Manley said legislation to assist small businesses would be a priority, along with bills related to tax break extensions as well as various conference reports.

When asked whether scheduling time for those bills would mean putting off a vote on the defense authorization bill, Manley replied, “I don’t do hypotheticals.”

Other observers say putting off a vote on the defense authorization bill could be the end for “Don’t Ask, Don’t Tell” repeal if Republicans take control of Congress.

Politico’s Morning Defense reported last week that lobbyists are predicting the defense authorization bill would “come to a screeching halt” if the GOP wins a majority in November and a vote on the legislation hasn’t taken place by that time.

“They provide a couple of reasons: The level of partisan bickering is likely to intensify, and waiting and letting Republicans handle those bills next year will allow the Democrats to play the blame game,” Politico reports.

Nicholson also said a Republican takeover this fall could thwart any attempt for repeal of “Don’t Ask, Don’t Tell” this year.

“Unfortunately, a takeover of even one house of Congress by a leadership cadre that is hostile to repealing [‘Don’t Ask, Don’t Tell’] could put the breaks on all of the progress we have made so far, and even begin to reverse a lot of that progress,” he said.

A lack of pressure from the White House is also seen as a concern for those seeking a Senate vote on “Don’t Ask, Don’t Tell” this September.

Nicholson said it’s unclear whether the White House will push to have a vote on the defense authorization bill when the Senate returns from August recess.

“If the president were pressuring Sen. Reid to move the defense bill in September, it would likely get done,” Nicholson said. “But the White House does not always want bills coming up on the same timeline that we do.”

Nicholson said Obama could eliminate the uncertainty over a vote on “Don’t Ask, Don’t Tell” by “publicly call[ing] for Sen. Reid to bring up the defense authorization bill in September.”

Shin Inouye, a White House spokesperson, said in response to an inquiry on whether the president would push for a vote on “Don’t Ask, Don’t Tell” in September that the president remains committed to the issue.

“The president has made clear that he wants [‘Don’t Ask, Don’t Tell’] repealed and he continues to work with Congress to make sure this happens,” Inouye said.

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National

GLSEN hosts Respect Awards with Billy Porter, Peppermint

Annual event aims to ‘inspire a lot of people to get active’

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Billy Porter is among guests at Monday’s Respect Awards in New York.

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. 

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Florida

Homeless transgender woman murdered in Miami Beach

Andrea Doria Dos Passos attacked while she slept

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Andrea Dos Passos (Photo courtesy of Equality Florida)

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.

Gregory Fitzgerald Gibert booking photo via CBS Miami.

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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Federal Government

HHS reverses Trump-era anti-LGBTQ rule

Section 1557 of the Affordable Care Act now protects LGBTQ people

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

The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities. 

The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.

“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”

The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.

“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.

“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”

In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.

Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.

These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.

GLAAD President Sarah Kate Ellis released the following statement in response to the news:

“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”

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