National
Another march in 2012?
L.A. activist says protest gathering needed to push Congress on gay issues
The National Equality March in October 2009 (Blade file photo by Michael Key)
Veteran lesbian activist Robin Tyler of Los Angeles says she’s talking to LGBT leaders and organizations across the country about the possibility of a national march on Washington for equality in May 2012.
In a statement released to the Blade on Thursday, Tyler said she first proposed the idea of a 2012 LGBT march in the weeks following the election of Barack Obama as president in 2008. Tyler has helped to organize LGBT Washington marches in 1979, 1987, 1993 and 2000.
She said an LGBT march on Washington held in October 2009 and a series of street protests during the past year by the direct action group Get Equal played a key role in what she called the few LGBT advances under the Obama administration, including the repeal of “Don’t Ask, Don’t Tell.” She was not involved in organizing the 2009 march.
“The fact is, without continuous protests that Get Equal, Dan Choi, Robin McGhee and others did, I believe, as so many others do, that DADT would not have been struck down,” Tyler said.
She said the main objection by some activists to holding another national march is it would take away resources and divert attention from needed LGBT activism in the states. At the time the 2009 LGBT march was being planned, skeptics said it would have little impact on members of Congress who don’t support LGBT rights.
A more effective way to prompt action by Congress would be visible activity and lobbying by constituents from lawmakers’ homes states rather than a march or rally in Washington, the critics said.
Tyler said the process of organizing a national march would trigger more activity in the states than what is currently taking place under the leadership of both state and national LGBT groups.
“[L]arge national marches on Washington, which take over a year to do on that scale, produce activists and activity from every state,” she said.
Rea Carey, executive director of the National Gay and Lesbian Task Force, and Fred Sainz, spokesperson for the Human Rights Campaign, said their respective groups had yet to take a position on whether another LGBT march on Washington should take place in 2012.
Carey said Tyler would have an opportunity this spring to discuss her idea for a march at a meeting of the National Policy Roundtable, an informal group of executive directors of many of the national LGBT organizations. Carey said the date of the meeting has yet to be scheduled.
“We have met with Robin Tyler and have listened to her ideas about a march,” Sainz said. “Beyond that, we haven’t formulated an opinion one way or the other.”
Veteran LGBT and AIDS activist Cleve Jones, the lead organizer and spokesperson for the 2009 march, could not be reached for comment on Tyler’s proposed 2012 march. Veteran gay Democratic activist David Mixner did not return calls seeking comment on a 2012 march. McGehee, the GetEqual leader who worked with Jones to organize the 2009 march, said she would release a statement later this week.
LGBT activists had mixed views on the impact of the 2009 march, which took place Oct. 11, 2009. It included a march from the White House to the Capitol and a rally on the Capitol’s west lawn. Many of the nation’s most prominent LGBT leaders and activists spoke. Recording star Lady Gaga also spoke at the event.
Some supporters and organizers said the march drew more than 100,000 people. But others put the total at about 30,000. U.S. Park Police, who in the past gave an official estimate of crowds attending marches and rallies at the Capitol or on the National Mall, stopped giving such estimates years ago.
In association with the 2009 march, Jones, McGehee and other activists formed an organization called Equality Across America, which served as an umbrella group to help organize and raise money for the march.
At the time of the march, Jones said Equality Across America would continue after the march to organize an LGBT activist presence in all 435 U.S. congressional districts, as a spin-off of the activism generated by the march.
But according to Tod Hill, an official with the Tides Center, a San Francisco-based consulting group for progressive, non-profit organizations, Equality Across America ceased operating and dissolved sometime in 2010. He said the Tides Center managed the finances of Equality Across America.
No information could be found to show whether Equality Across America carried out activity in congressional districts before the group disbanded last year.
“I’m not aware of anything that came out of that,” said D.C. gay Democratic activist Peter Rosenstein. “The fact that we took such a beating in the House and Senate elections last year indicates they weren’t very effective if they did, in fact, do something.”
Rick Rosendall, vice president of the Gay and Lesbian Activists Alliance of D.C., said another national march would be a “complete waste of time, money and effort.” He said national marches in the nation’s capital organized by a wide range of groups and causes are so common that they have become “a dime a dozen” and Congress and the public pays little attention to them.
“What we really should to be doing is the hard work our movement so badly needs throughout the country and not engaging in another self-indulgent march in Washington,” he said.
Gay activist Dan Choi, the former U.S. Army lieutenant who made national headlines by chaining himself to the White House fence to protest the “Don’t Ask, Don’t Tell” law, said he supports the idea of another march.
“I do think a march would be very strategically important, especially before the conventions of both parties,” he said. “And I think we’re ready to do it. The young people and the grassroots activists who were so empowered in 2009 – they’re ready to do it.”
Tyler said “massive street actions” historically have made a difference in the U.S. and elsewhere in prodding political leaders and governments to take action they would otherwise be unwilling to take.
“If you think mass actions do not work, look at what is happening in Egypt right now,” she said.
Federal Government
HHS reverses Trump-era anti-LGBTQ rule
Section 1557 of the Affordable Care Act now protects LGBTQ people
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.”
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administration last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.”
Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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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.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
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