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HRC endorses Obama for Election 2012

Announcement met with criticism from right and left leaning LGBT advocates

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Barack Obama (Washington Blade file photo by Michael Key)

The Human Rights Campaign announced on Thursday that it has officially thrown its support behind President Obama in his bid for a second term at the White House.

In a statement, HRC President Joe Solmonese said his organization endorsed Obama because of what the president accomplished for the LGBT community during his nearly two-and-a-half years in office.

“President Obama has improved the lives of LGBT Americans more than any president in history,” Solmonese. “In 2008 we were promised change and profound change is what we got. More remains to be done and ensuring that President Obama is able to continue the forward momentum toward equality for another term is an absolute priority of the Human Rights Campaign.”

The achievements for the LGBT community that HRC highlighted in its endorsement statement are pressing for passage and signing legislation to repeal the “Don’t Ask, Don’t Tell”; pressing for passage and signing a hate crimes protections law; determining that Section 3 of the Defense of Marriage Act is unconstitutional and refusing to defend the anti-gay law in court; and requiring hospitals across the country to permit hospital visitation rights to same-sex couples.

Alec Gerlach, spokesperson for the Democratic National Committee, said the HRC endorsement demonstrates the support that Obama has offered the LGBT community.

“That the Human Rights Campaign offered such an early endorsement is a clear sign that the president has fought for LGBT rights across the country and in our nation’s military,” Gerlach said. “We will work closely within the LGBT community in the months to come to ensure that we are united in the cause to re-elect the president and to ensure equality for gay and transgendered Americans. The president believes that DOMA is discriminatory and unfair, and because the fight for equality affects us all he will not support it.”

HRC’s endorsement for Obama shouldn’t come as a surprise because the organization has been working closely with the White House in the implementation of pro-LGBT initiatives since the start of the administration. HRC endorsed Obama in the 2008 presidential campaign and has endorsed only Democratic presidential candidates in previous elections.

But the extent to which HRC will back Obama in 2012 election with financial support remains uncertain.

Fred Sainz, HRC’s vice president of communications, said decisions on financial contributions or other support that his organization will make to Obama haven’t yet been made.

“Today is about the endorsement,” Sainz said. “If and when there are other reflections of our support — those are determinations that will be made later.”

Criticism of the timing of HRC’s endorsement has already emerged among LGBT activists with both left-leaning and conservative ideology.

John Aravosis, the gay editor of AMERICAblog, said HRC should have waited until Obama took more action on behalf of the LGBT community — such as announce support for marriage rights for gay couples — before endorsing the president.

“Why not hold out for him to endorse marriage equality?” Aravosis said. “Or ask him to sign an executive order on [the Employment Non-Discrimination Act] for federal contractors? The man hasn’t even finished repealing [‘Don’t Ask, Don’t Tell’], and forget about ENDA and DOMA, and HRC is already saying ‘Mission Accomplish’? You don’t just give the president something for nothing. You negotiate these kind [of] endorsements.”

Sainz said HRC will continue to press for more pro-LGBT actions from Obama even in the wake of making an endorsement.

“We continue to work towards all of those very important priorities,” Sainz said. “The alternative to not having President Obama in the White House is just not an acceptable option.”

Aravosis said he thinks HRC will purport to have received promises from the Obama administration in exchange for offering support, but should be challenging the president rather than standing behind him.

“While I’m sure HRC will claim they got lots of juicy promises in exchange for the endorsement, everyone else learned a long time ago that the president is unlikely to keep his promises unless you get in his face, and HRC will never get in his face,” Aravosis said. “So the promises are meaningless, and thus the president got HRC’s endorsement for nothing, and now won’t have to do anything for the next two years to truly earn that endorsement. I’m sure it nails down the president for the next HRC dinner, but that really shouldn’t be the goal here.”

HRC didn’t respond on short notice to a request to comment on whether the organization secured any additional promises from Obama in exchange for the endorsement.

LGBT conservative groups also criticized HRC for making an endorsement before a Republican presidential nominee has been chosen — or even before all the likely candidates on the Republican side have announced their intent to run for the White House.

Jimmy LaSalvia, executive director of GOProud, said the HRC is ending what he called its “charade of bi-partisanship” by endorsing Obama at this point in the election cycle.

“LGBT people who are interested in putting policy before partisanship now know that HRC is little more than a puppet of the Democratic National Committee and an organization that has one goal — to elect more Democrats,” LaSalvia said.

R. Clarke Cooper, executive director of Log Cabin Republicans, also said HRC is offering its support too early by endorsing Obama with Election 2012 more than a year away.

“By prostrating themselves before Barack Obama eighteen months before the 2012 election, the Human Rights Campaign has effectively told the president that he doesn’t have to do anything more to earn gay and lesbian votes,” Cooper said. “Given his lackluster record in the fight for ‘Don’t Ask, Don’t Tell’ repeal, LGBT Americans were counting on HRC to hold the president’s feet to the fire on his other campaign promises, not to become a branch of his re-election campaign.”

Cooper further criticized HRC by saying the endorsement sends “the wrong message” to potential Republican presidential nominees who may want to reach out to the LGBT community.

“There are several possible candidates who deserve to be fairly judged on their own merits, and the dialogue on equality issues for the 2012 campaign has barely begun,” Cooper said. “This decision makes it clear that Joe Solmonese’s greatest priority is an invitation to drinks at a Democratic White House, not securing votes for ENDA, DOMA repeal or tax equity. Such a pre-emptive endorsement is a mistake and will undermine equality efforts.”

In response to criticism for LGBT conservative groups, Sainz said HRC made the endorsement because Obama is far and away above any potential candidate the Republican Party may choose in the 2012 election.

“The records of other candidates seeking the presidency should be a wake-up call to all fair-minded Americans,” Sainz said. “As the fight for equality moves forward, President Obama is marching with us while the alternative would stop us in our tracks.”

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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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