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Stark introduces adoption anti-discrimination bill

Calif. lawmaker wants Obama to endorse measure ‘wholeheartedly’

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Reps. Pete Stark (left) and Jim McGovern on Tuesday introduced the Every Child Deserves a Family Act (Blade photo by Michael Key)

A U.S. House member from California on Tuesday introduced legislation that would bar discrimination against LGBT people in adoption cases while calling on President Obama to endorse the bill “wholeheartedly.”

During a news conference, Rep. Pete Stark (D-Calif.), the sponsor of the legislation, known as the Every Child Deserves a Family Act, said he wants the White House to support his bill fully in response to a question from the Washington Blade on what he’d like to see from the administration on the issue.

“I’d like to see the administration support our position more definitively,” Stark said. “I’ve had some troubles often determining where the administration is on issues, and I think it’s time that President Obama steps up to the bar and makes this — supports it wholeheartedly.”

Shin Inouye, a White House spokesperson, said in a statement that Obama believes that adoption rights should be afforded to all Americans and supports the goals of the legislation, but stopped short of offering an explicit endorsement of Stark’s bill. The lack of outright support is unlike the president’s position on other pro-LGBT initiatives, such as the Employment Non-Discrimination Act or “Don’t Ask, Don’t Tell” repeal.

“The president has long believed that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation,” Inouye said. “He recognizes that adoptive families come in many forms, and that we must do all we can to break down barriers to ensure that all qualified caregivers have the ability to serve as adoptive families. While we have not reviewed this specific legislation, we share its goals to expand adoption rights and move the dialogue forward on this issue.”

The Every Child Deserves a Family Act, which has 33 original co-sponsors, would restrict federal funds for states that allow discrimination in adoption or foster care placement based on the sexual orientation, marital status or gender identity of potential parents — as well as LGBT children seeking homes. Sen. Kirsten Gillibrand (D-N.Y.) is expected to introduce companion legislation in June in the Senate.

Some states recently have taken steps to inhibit potential LGBT parents from adopting. Last month, Arizona Gov. Jan Brewer (R) signed legislation that would give primary consideration in adoptive placement to opposite-sex married couples. Additionally, Virginia’s State Board of Social Services recently rejected adding protections against discrimination in adoption cases on the basis of sexual orientation as well as other statuses.

At the news conference, Stark billed the legislation as a means to ensure children living in the foster care system have access to a greater number of adoptive families — including households with single parents or same-sex parents.

“What’s in the child’s best interest is what the bill is trying to promote,” Stark said. “There is no information that shows that children raised by a single parent or gay or lesbian parent households have any more or less problems than all other children.”

According to Stark’s office, the U.S. government spends more than $7 billion each year on a foster care system against potential single and LGBT parents and allows around 25,000 children age out annually. More than 500,000 children are in foster care and 120,000 of them available for adoption.

Rep. Jim McGovern (D-Mass.), an original co-sponsor for the bill, said the Every Child Deserves a Family Act is necessary to eliminate discrimination against potential LGBT parents and to iron out the differences in adoption policy throughout the country.

“Automatically disqualifying LGBT parents from adoption just because of sexual orientation is wrong,” McGovern said. “It makes no sense, especially when so many children are in foster care waiting to be adopted. The current patchwork of unfair state laws and policies … is denying multiple kids to permanent safe and stable homes.”

The issue of LGBT adoption has already emerged as an issue for a Republican who could be considering a run in the 2012 presidential campaign. According to Think Progress, former U.S. Sen. Rick Santorum, who’s widely expected to be eyeing a White House bid, said in a speech Monday before the FAMiLY Leader in Iowa that adoption is a “privilege” to which LGBT people aren’t entitled.

“A lesbian woman walked up to me and said, ‘Why are you denying me my right?’” Santorum said. “I said, ‘Well, because it’s not a right.’ It’s a privilege. It’s a privilege that society recognizes because society sees intrinsic value to that relationship over any other relationship.”

During the news conference, Stark blasted Santorum for his anti-gay comments and said the former senator’s opinion is no longer relevant because he was voted out in 2006.

“Rick who?” Stark said. “There was a guy in Congress years ago named Santorum, but I think he left. He lost, but [has been] following that path ever since. I think that’s nonsense.”

Organizations that work on LGBT advocacy and child welfare — including the Family Equality Council and Parents, Families & Friends of Lesbians & Gays — praised Stark for introducing the legislation as means to end discrimination and allow more children to find homes.

Linda Spears, vice president of policy and public affairs for the Child Welfare League of America, said passage of the Every Child Deserves a Family Act would help ensure children who are waiting in foster care can find homes.

“We must recognize that statutory frameworks are absolutely essential in order to get this job done,” Spears said. “We cannot have policies in which kids are systemically disadvantaged by state law and by state policy. We cannot have policies that disadvantage and allow children to linger in foster care, those who categorically exclude certain families and put other kids in legal limbo because second parents are not allowed to adopt.”

Jennifer Chrisler, executive director of the Family Equality Council, similarly said the legislation is needed to counter what she called “despicable” attempts at the state level aimed at impairing the right to adopt for LGBT people.

“These efforts are divisive, there are despicable, and they push a political agenda at the expense who some of those children who are most vulnerable — the thousands of kids who are living in foster care, [excluding them] from loving, permanent homes,” Chrisler said.

Amy Coleman, a Massachusetts foster care alum (Blade photo by Michael Key)

Amy Coleman, a Massachusetts foster care alum who was adopted at age 16 by lesbian parents, pressed for legislation allowing full adoption rights for LGBT families by recalling the story of her own adoption.

“My moms have been loving, wonderful parents and will continue to be loving, wonderful parents,” Coleman said. “I just felt it was important to come down and share that so that other foster kids know that there are homes out there for them that might not be traditional, but are definitely wanting to take them in, so they don’t have to spend their rest of their time in foster care wondering if there is someone who can, or will, adopt them.”

Moving the legislation will be challenging in the Republican-controlled House, where the bill will likely be assigned to the House Ways & Means Committee. The office of the committee chair, Rep. Dave Camp (R-Mich.), didn’t respond on short notice to the Blade’s request to comment on the measure.

Stark said he hasn’t spoken with Camp about the Every Child Deserves a Family Act, but added the adoption issue could come before the House Ways & Means Committee in some capacity.

“I suppose that we’ll have a hearing on this at some point — one way or the other,” Stark said. “The press will require it or the Republicans will in opposition to it. The hearings may not be favorable, but there may very well be hearings on it.”

As of Tuesday, the legislation had no Republican co-sponsors, although Stark suggested that the bill may gain GOP support because he’s spoken to a Republican lawmaker who has indicated interest. Stark didn’t identify the U.S. House member.

The list of original co-sponsors for the legislation notably lacks the names of Democratic lawmakers who usually sign on to pro-LGBT legislation — including House Minority Leader Nancy Pelosi (D-Calif.) as well as gay Reps. Barney Frank (D-Mass.) and David Cicilline (D-R.I.).

Drew Hammill, a Pelosi spokesperson, said the Democratic leader will sign on as co-sponsor.

Harry Gural, a Frank spokesperson, said his boss wasn’t asked to support the Every Child Deserves a Family Act.

“Congressman Frank considers co-sponsoring a bill when he is asked by the member introducing the bill, when one of that member’s staff makes a request via our staff, or when he gets a request from a constituent,” Gural said. “In this case, none of those took place.”

Jessica Kershaw, a Cicilline spokesperson, said the legislation is on her boss’ radar and he’s reviewing it.

Despite the lack of outright support from the White House, one LGBT rights organization maintained the Obama administration is already working to address adoption discrimination through administrative means.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said the Department of Health & Human Services is “doing a substantial amount of work” as part of HRC’s “All Children All Families” initiative, an agency by agency approach to preventing LGBT discrimination in adoption cases, which aims for the same results as Stark’s legislation.

“At the same time, HRC is working with the HHS to provide greater incentives to states, tribes and territories which receive federal funds to establish more inclusive practices,” Sainz said. “The Informational Memorandum on LGBT youth and families which went out two weeks ago, and was largely a result of our advocacy, is a good example of that ongoing work.”

Sainz was referring to an April 6 memo from HHS encouraging child welfare agencies to serve better the needs of LGBT youth in the foster care system. The memo states agencies should avail themselves of federal funds for training staff on serving LGBT children and called LGBT potential parents an untapped resource for providing homes for LGBT youth.

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

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

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.” 

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”




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The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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