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Elizabeth Warren voted to confirm Ben Carson?

‘I have no idea what she was thinking’

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Ben Carson, gay news, Washington Blade
Ben Carson, gay news, Washington Blade

Donald Trump has selected Dr. Ben Carson as HUD secretary. (Washington Blade file photo by Michael Key)

Some LGBT advocates are criticizing Senate Democrats for joining Republicans to vote unanimously in favor of Ben Carson as secretary of Housing and Urban Development, despite his characterization of LGBT rights as “extra rights” during his confirmation hearing and his history of anti-LGBT views.

The Senate Committee on Banking, Housing & Urban Affairs approved Carson on Tuesday unanimously by voice vote, which means the 11 Democrats on the committee agreed to his confirmation, including progressive champions like Sens. Elizabeth Warren (D-Mass.) and Sherrod Brown (D-Ohio).

Deborah Shields, executive director of MassEquality, said she was perplexed over why Warren would vote in favor of Carson given the nominee’s record.

“We don’t usually get involved, per se, in national politics in that way, but I have to admit we’re very shocked given that she’s been such as advocate of economic justice and civil rights and his record belies that,” Shields said. “So, I have no idea what she was thinking. And yes, we do strongly object and given what a champion she’s been, it’s really quite shocking.”

During his confirmation hearing, Carson derided LGBT rights as “extra rights” when asked by Sen. Brown for assurance HUD would have a duty to promote equal access opportunities to LGBT people.

“If confirmed in this position, of course I would enforce all the laws of the land, and I believe that all Americans regardless of any of the things that you mentioned should be protected by the law,” Carson said. “What I mentioned in the past is the fact no one gets extra rights. Extra rights means you get to redefine everything for everybody else. That, to me, doesn’t seem to be very democratic.”

The remarks from Carson, who has called the LGBT community “a few people who perhaps are abnormal” and undeserving of equal protection under the law, are consistent with his political career of attacking LGBT rights.

During his presidential campaign, Carson opposed same-sex marriage and backed a constitutional amendment against the U.S. Supreme Court decision in favor of marriage equality.

Most notably, Carson landed in hot water when, as a neurosurgeon at Johns Hopkins University, he compared LGBT advocates to pedophiles during an interview on Fox News. Outcry over the remarks led him to apologize “if anybody was offended” and cancel plans to give the commencement address for the medical school.

Carson’s views on LGBT rights raise questions about how he’d handle his role as HUD secretary. Among other things, he’d have authority to rescind a rule prohibiting government-funded housing from discriminating against LGBT people, or institute a religious exemption for that rule that could substantially limit its reach. Carson could undo the extension of that rule prohibiting homeless shelters from turning away transgender people based on their gender identity.

In a statement, Brown said Carson is “not the nominee I would have chosen to lead HUD” and has made “often troubling public statements over the last three years,” but voted for him because of commitments the nominee made.

“This includes Dr. Carson’s promises to address the scourge of lead hazards that threaten the health and futures of children in Ohio and nationwide; uphold the Fair Housing Act and the housing rights of LGBTQ individuals; and advocate for rental assistance, investment to end homelessness, and including housing in the president’s infrastructure plan,” Brown added. “I will do everything in my power to hold Dr. Carson accountable for making good on his promises.”

Explaining her vote on Facebook amid discontent among progressive grassroots activists, Warren said in a post beginning with “OK, let’s talk about Dr. Ben Carson” she voted for the nominee even though she disagrees with “many of the outrageous things” he said because he made commitments to manage HUD fairly to all Americans in written responses to her questions.

“Can we count on Dr. Carson to keep those promises?” Warren wrote. “I don’t know. People are right to be skeptical; I am. But a man who makes written promises gives us a toehold on accountability. If President Trump goes to his second choice, I don’t think we will get another HUD nominee who will even make these promises – much less follow through on them.”

In his response to written questions from Brown, Carson clarified his reference to LGBT rights as “extra rights” and rejects any notion he would remove LGBT protections during his tenure at HUD.

Asked whether he could think of any instances of protecting equal housing opportunities for LGBT people as “extra rights,” Carson replied, “I can not.” Asked if he thinks HUD institutes “extra rights” for LGBT people that should be withdrawn, Carson replied, “I do not.”

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In addition to Warren and Brown, other Democrats who voted in favor of Carson were Sens. Jack Reed (D-R.I.), Robert Menendez (D-N.J.), Jon Tester (D-Mont.), Mark Warner (D-Va.), Heidi Heitkamp (D-N.D.), Joe Donnelly (D-Ind.) and Brian Schatz (D-Hawaii) as well as newly seated Sens. Chris Van Hollen (D-Md.) and Catherine Cortez Masto (D-Nev.).

Christian Fuscarino, executive director of the New Jersey-based Garden State Equality, said his organization objected to Menendez’s vote in favor of Carson.

“I think it’s important for all lawmakers to consider those most vulnerable who will be impacted by Carson’s lack of education in housing needs and issues,” Fuscarino said.

The office for Menendez didn’t immediately respond to the Washington Blade’s request to respond to Garden State Equality about his vote.

Patrick Paschall, executive director of the Maryland-based FreeState Justice, said Van Hollen’s vote for Carson in committee is “disappointing” based on Carson’s remarks against LGBT people.

“We have deep concerns about many of Trump’s nominees, including Dr. Ben Carson,” Paschall said. “He’s said some overtly anti-transgender things in the past that target the transgender community for discrimination and exclusion, and we’re certainly very concerned about his nomination to run a department he himself has said he’s not qualified to run and knows nothing about.”

Bridgett Frey, a Van Hollen spokesperson, pointed to her boss’ comments about concern over the nominee in response to the criticism.

“Sen. Van Hollen raised serious concerns at the Banking Committee confirmation hearing on Dr. Carson, and looks forward to the full floor debate on his nomination,” Frey said.

It’s unknown when Carson’s nomination could come up for a vote on the Senate floor, although it should happen soon now that the committee has approved the nomination. Under Senate rules, only a bare majority is required for confirmation.

The Human Rights Campaign in response to the committee vote said the position of the nation’s largest LGBT group, which has previously opposed Carson, remains unchanged.

In response to a question about whether the Human Rights Campaign would include the vote on Carson in its congressional scorecard, a spokesperson for the organization said those scoring decisions are made at the end of the congressional session. The spokesperson declined to comment on individual senators like Brown and Warren voting for Carson in committee.

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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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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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