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LGBT Democrats defend Obama at DNC winter meeting

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The Democratic National Committee’s LGBT Americans Caucus is giving high marks to President Obama and the Democratic Party’s efforts to advance LGBT rights over the past year, caucus members said this week.

Veteran Democratic activist Rick Stafford of Minnesota, who chairs the LGBT Caucus, said members at the Feb. 5 meeting were impressed with DNC Chair Timothy Kaine, a former Virginia governor, and gay White House official Brian Bond. Both addressed the LGBT Caucus during the DNC’s annual winter meeting.

Stafford told DC Agenda that Kaine “talked about the achievements, but he also talked about the frustration he knows our community has on some issues, with the lack of forward progress.”

“He hears that and he wants the community to know he hears that,” Stafford said. “But he also talked about the accomplishments the administration has made on our issues, and many of us believe they are very important.”

Stafford said Bond, who serves as deputy director of the White House Office of Public Engagement, outlined “a litany of impressive achievements” by the Obama administration on gay-related issues. He noted that Bond also acknowledged concern among many LGBT supporters that Congress has been slow to pass several gay-related bills.

Kaine also talked about “the importance of the 2010 elections so that we don’t slide back,” Stafford said. He noted that Kaine told the caucus “the national party is committed in terms of the outreach to our community and to highlight the issues and the achievements that we have made in this administration for our community and where we need to go forward.”

Meetings of the 25-member LGBT Americans Caucus come at a time when some LGBT activists have called for a boycott of DNC fundraisers. The activists, led by longtime gay Democratic activist and fundraiser David Mixner and gay blogger John Aravosis, have said the boycott is aimed at pressuring the DNC and the administration to more aggressively push the Democratic-controlled Congress to pass several LGBT-related bills.

Mixner and Aravosis have said the boycott should be limited to the DNC and that people should continue to contribute money to individual Democratic candidates who are supportive on LGBT issues.

Among the bills that Mixner and Aravosis want Congress to pass is the long stalled Employment Non-Discrimination Act, also known as ENDA, which would bar job discrimination based on sexual orientation and gender identity.

Other congressional action sought by activists is repeal of the “Don’t Ask, Don’t Tell” law preventing gays, lesbians and bisexuals from serving openly in the military, and repeal of the Defense of Marriage Act, which bars legally married same-sex couples from receiving nearly 1,200 federal rights and benefits associated with marriage.

“What we are saying is people should absolutely hold off on their donations until the party comes through on their promises, and then continue supporting them,” Aravosis said. “But currently they’re not coming through.”

LGBT Caucus members Earl Fowlkes of Washington, D.C., who supported Obama’s presidential campaign, and Heather Mizeur, a member of the Maryland House of Delegates, joined Stafford in strongly opposing the boycott. The three said withholding contributions to the DNC would hurt efforts to elect LGBT-supportive Democratic candidates to Congress and state legislatures.

Also expressing opposition to the boycott was Barbara Siperstein, president of Stonewall Democrats of New Jersey and the first openly transgender person to be named to the DNC.

“I share, from my own experience, the frustration they’re talking about,” Siperstein told DC Agenda. “But very honestly, I disagree with a strategy of boycotting the DNC. I can only see it as unsuccessful for our community. It can only help the Republicans.”

Siperstein, Fowlkes and Mizeur each said the Democratic leaders in Congress and most congressional Democrats strongly support the LGBT-related bills in question. They note that a small group of moderate and conservative Democrats have so far withheld support for some or all of these bills. And with nearly all congressional Republicans opposed to the bills, supporters have been unable to line up the votes needed to pass the LGBT bills, the three said.

“You can’t blame the party or the president for that,” said Siperstein.

Mizeur, whose Maryland district includes the largely Democratic and suburban Montgomery County, said she’s “never been for a boycott.”

“But I think that our contributions should come with some strings attached, if you will,” she said. “They need to come along with conversations about how ‘I am an LGBT American who is investing in this party and this money I want to see goes toward an agenda that includes “Don’t Ask, Don’t Tell” [repeal] and marriage equality,’ and you go down the list.”

Aravosis, however, said the approach suggested by Mizeur and other DNC supporters doesn’t appear to have worked.

He said the national party angered many LGBT Democrats in November when it remained silent during a heated campaign in Maine over a ballot measure that struck down same-sex marriage in the state.

DNC-sponsored phone canvassers reminded Maine residents to vote, but made no mention of the anti-gay ballot measure. And the canvassers urged Maine political activists to participate in an operation urging New Jersey voters to support the failed re-election bid of Democratic Gov. John Corzine.

Aravosis called the development “outrageous,” noting that the DNC effectively ignored an anti-gay campaign in Maine while asking Democrats in Maine to get involved in a New Jersey race.

“The point isn’t to stop helping New Jersey,” said Aravosis. “The point is we don’t want them to keep avoiding gay issues. And that’s what they did.”

Stafford said DNC officials have acknowledged that “miscommunication” between the DNC and the Maine Democratic Party resulted in the national party apparatus not providing resources to help defeat the ballot measure. The state party in Maine strongly opposed the ballot measure.

The Maine flap prompted several members of the LGBT Americans Caucus and non-gay supporters to introduce a resolution at the DNC meeting last week to address this problem, Stafford and other caucus members said. The resolution, which the full DNC approved, requires the DNC and its grassroots arm, Organizing for America, to follow the lead of state parties on a wide range of issues, including state ballot measures.

Fowlkes, who has been active in organizing black LGBT Pride events in D.C. and other cities, said the Obama administration has come up short only in failing to communicate as well as it could its “extensive” record of support for LGBT issues during its first year in office.

“A lot of the focus of the LGBT community has been misplaced in blaming Obama and putting pressure only on Obama,” Fowlkes said. “But what we also have to understand is that there are moderate Democrats, conservative Democrats [in Congress]. Some of those people have to be brought along, and that’s where the LGBT community can be putting pressure on those people to make them come along with the administration and vote the correct way.”

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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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