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U.S. Congress moves against anti-gay Uganda bill

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U.S. Sen. Susan Collins, who’s supporting a resolution condemning a harshly anti-gay Uganda bill, said the measure is ‘appalling and I want to convey that.’ (DC Agenda photo by Michael Key)

Lawmakers in both chambers of Congress last week introduced resolutions condemning a harshly anti-gay bill pending in Uganda.

In the Senate, the sponsor of the resolution is Sen. Russ Feingold (D-Wis.), chair of the Foreign Relations African Affairs subcommittee. The sponsor of the resolution in the House is Rep. Howard Berman (D-Calif.), chair of the House Foreign Affairs Committee.

Homosexual acts are already illegal in Uganda, but the African nation’s pending legislation would, among other things, institute the death penalty in some cases for LGBT people and require citizens to report LGBT people to the police.

In a statement, Berman said passage of the Uganda bill could interfere with efforts to address the HIV/AIDS epidemic in the country.

“The proposed Ugandan bill not only threatens human rights, it also reverses so many of the gains that Uganda has made in the fight against HIV/AIDS,” he said. “This issue has united leaders of different political and religious views in Uganda and worldwide in one common belief in the rights of all human beings regardless of sexual orientation.”

The Senate resolution goes further than the House measure, calling for repeal of the criminalization of homosexuality in other countries and urging the State Department to closely monitor human rights abuses against LGBT people abroad.

Both resolutions enjoy considerable support from lawmakers of both parties. More than three-dozen House members joined to introduce the House measure, including gay Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.), as well as Congressional Black Caucus Chair Rep. Barbara Lee (D-Calif.). On the other side of the aisle, Rep. Ileana Ros-Lehtinen (R-Fla.) has signed on in support.

Lynne Weil, spokesperson for the House Foreign Affairs Committee, said the panel would make a decision on how to proceed with the resolution in the coming weeks.

For the Senate resolution, a politically diverse group of lawmakers are co-sponsors. In addition to Sen. Ben Cardin (D-Md.), original co-sponsors included Sens. Tom Coburn (R-Okla.) and Susan Collins (R-Maine).

Collins told DC Agenda she was interested in co-sponsoring the Senate resolution because of the draconian nature of Uganda’s bill.

“This is an appalling proposal in Uganda, which suggests the death penalty for homosexual acts,” she said. “I think it’s self-evident that I would think that that’s appalling and I want to convey that.”

Mark Bromley, chair of the Council for Global Equality, said bipartisan support for the resolution shows the tremendous attention that Uganda’s bill has received from human rights advocates.

“Senators from across the ideological divide are expressing that this is a significant human rights issue and an issue that the U.S. government takes seriously,” he said.

Bromley said the resolutions are “not simply symbolic” and have a chance of passing in both chambers of Congress.

On Monday, another lawmaker expressed opposition to Uganda’s bill during a demonstration outside the Uganda mission to the United Nations in New York City, according to Human Rights First.

Rep. Carolyn Maloney (D-N.Y.) said in a statement that the “officially sanctioned bigotry” in the legislation is “profoundly disturbing.”

“It constitutes a gross violation of the universal values of individual liberty and human rights,” she said. “Such a measure goes far beyond ugliness and ignorance: it is hate in its rawest form, and it has no place in the laws of any nation.”

Maloney was joined at the demonstration by about two dozen other participants, including members of Human Rights First, Immigration Equality, the International Gay & Lesbian Human Rights Commission and Human Rights Watch. The lawmaker called on Ugandan officials to meet with human rights groups to discuss the widespread opposition to the bill.

Paul LeGendre, director of the Fighting Discrimination Program at Human Rights Watch, said during the demonstration that Uganda’s bill “represents one of the harshest discriminatory measures ever proposed in any country.”

“This bill would have disastrous effects for gay men and women in Uganda, would aggravate an already alarming trend of criminalization of homosexuality across Africa, and could spur Ugandan homosexuals to flee this persecution by attempting to seek refuge outside of the country,” he said. “The international community must continue to voice its concern to the Ugandan authorities until the text of this bill is shredded and removed from consideration.”

The path for the legislation in Uganda parliament remains in question. Bromley said he’s “been hearing different stories” about the timeline for the bill, but that it’s likely to come up for debate in the next few weeks.

“To be honest, my suspicion is that the president of Uganda would like to see this legislation disappear and so my hope is that they will sort of stretch out the consideration so that eventually the interest dies down a bit, and then, perhaps they can move from it,” he said.

Obama, Clinton stand against Uganda bill

In related news, President Obama and Secretary of State Hillary Clinton reiterated their opposition last week to the Uganda legislation in remarks at the National Prayer Breakfast in D.C.

Clinton said she contacted Ugandan President Yoweri Museveni to directly express U.S. concerns about the anti-gay legislation.

“I recently called President Museveni, whom I have known through the prayer breakfast, and expressed the strongest concerns about a law being considered in the parliament of Uganda,” she said.

Obama called the Uganda measure an “odious” bill in remarks that more broadly drew attention to LGBT issues.

“We may disagree about gay marriage, but surely we can agree that it is unconscionable to target gays and lesbians for who they are — whether it’s here in the United States or, as Hillary mentioned, more extremely in odious laws that are being proposed most recently in Uganda,” he said.

Obama and Clinton’s participation at the National Prayer Breakfast was somewhat controversial because the evangelical Christian group staging the event, known as “The Family,” has ties to Ugandan officials. David Mahati, the author of the anti-gay bill in the country’s parliament, attended past National Prayer Breakfasts, but didn’t attend this year’s event.

LGBT activists praised Obama and Clinton for their remarks. Wayne Besen, executive director of Truth Wins Out, commended Obama for “having the courage to confront those responsible for the heinous anti-gay bill in Uganda.”

Besen helped to coordinate the American Prayer Hour, protest events involving pro-LGBT religious leaders intended to counter the National Prayer Breakfast. The counter-event took place in 20 cities across the country.

“We hope that the president’s laudable stand makes it clear to Family members in the United States and Uganda that the world is watching,” Besen said in a statement. “Religion can no longer be used to justify bigotry, intolerance and persecution anywhere on the face of the Earth.”

Bromley also said Obama and Clinton’s decision to speak out against the Uganda legislation during the National Prayer Breakfast was a “very positive” move because of the religious nature of the event.

“I think clearly there were some religious voices behind the bill in Uganda, so we thought it was incredibly powerful that the president and first lady attended the breakfast, spoke from a personal perspective about religion and how this bill from any religious perspective just is unacceptable,” Bromley said.

But according to the French news agency Agence France-Presse, Uganda’s Ethics Minister James Buturo responded angrily to Obama and Clinton for speaking out against the Uganda bill.

“Somebody should tell President Obama that the parliament is doing its legislative duty in the interest of the people of Uganda,” Buturo was quoted as saying. “We cannot tell the Senate what to do. We cannot tell Congress what to do. So why do they feel that they can tell us what we should do in the interest of our people?”

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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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