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UPDATED: GLAAD’s communication breakdown; Barrios voted out

Media watchdog group dogged by allegations of dishonesty, incompetence

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UPDATE: According to Politico, the Executive committee of GLAAD’s Board of Directors has voted to remove Jarrett Barrios as President of the organization.

UPDATE 2: According to both Michelangelo Signorile and the Bilerico Project, Rich Ferraro is confirming that Jarrett Barrios has stepped down as GLAAD’s President.

Jarrett Barrios

A former GLAAD board chair has called for the resignation of its president, Jarrett Barrios. (Photo courtesy GLAAD)

The Gay & Lesbian Alliance Against Defamation raised eyebrows last week when the media watchdog group released a statement supporting the merger of telecom giants AT&T and T-Mobile. It marked the second time the organization, which was founded in 1985 as a grassroots action network, had weighed in on major business news. The prior statement had been released a year earlier objecting to the NBC-Comcast merger, due to concerns about negative portrayals of LGBT characters in the media.

The AT&T statement was curious, but attracted little media attention.

That changed on Tuesday, when former GLAAD board of directors co-chair Laurie Perper appeared on Michelangelo Signorile’s Sirius-XM OutQ show to sound the alarm on other alleged improprieties at the organization and questions facing its leader, Jarrett Barrios.

Since then, Barrios — who has been at the helm of GLAAD for 23 months — has granted a flurry of interviews to counter Perper’s claims. His responses, however, have only served to attract more scrutiny of the organization.

While speaking with Perper, Signorile pressed about why she left her position as board chair early. “You stepped down because you just thought he was not qualified. Obviously, as the months went on, others agreed with that assessment,” Signorile summarized. “I believe that over 14 board members have left, [since Barrios took over],” Perper relayed to the radio host.

Signorile continued, “Is it fair to say that most of these people stepped down because of the direction the organization was going, because of Jarrett Barrios?”

“Absolutely,” Perper said.

Reached by phone last week along with GLAAD director of communications Richard Ferraro and GLAAD board member and Florida PR consultant Gary Bitner, Barrios insisted that his short time working with Perper — only five weeks — was marked by a positive working relationship, and was focused on solving the organization’s financial problems.

“It’s perplexing and disappointing, considering that she worked for many years to help build this organization, but this happens sometimes,” Barrios told the Blade. “We form in our movement a circular firing squad, and we for whatever reason feel it’s necessary to hurt somebody else in the movement. [Laurie Perper and I] worked well together. Frankly the time we interacted was the time I was getting my feet wet, learning that the org at the time was running a rather large deficit.”

After booking Perper on the Signorile show, the producers reached out and arranged to have Barrios on the following day to respond to the statements that had been made. However, when GLAAD later attempted to arrange to have Bitner join him on the Signorile show, the show’s producers refused and the GLAAD team pulled out of the arrangement, opting to contact other media outlets and bloggers instead.

Barrios insists that the financial figures that Perper presented on the Signorile show were inaccurate and misleading, including a quote about a $14 million discrepancy after 2008, which Barrios says is the result of an IRS reporting requirement of a major multi-million dollar bequest by the late Ric Weiland of Microsoft that was dispersed over seven years. GLAAD insists that it has righted its financial footing thanks to cuts made early in Barrios’ term, though Ferraro also disputes Perper’s claim that six senior staff members left the organization since Jarrett’s start. GLAAD insists it was only three, with another just having left a few months ago.

“In 2009, there was a substantial deficit — I think it was like $1.2 million,” Barrios said.  “Last year, we cut the operating deficit to $300,000 — shrunk it by about $900,000 — and this year, I’m happy to say, we’re running ahead of budget … most notably, our national presenting sponsor has already renewed for next year. That typically doesn’t happen until January. It’s already happened for next year. We’re very pleased. Our corporate revenues this year are substantially higher than last year, which were higher than the year before.”

Perper’s main purpose for appearing on Signorile’s show, however, was to question the reasoning behind GLAAD’s unexpected statement voicing support for the AT&T/T-Mobile merger. GLAAD joined unions, advocacy organizations and other LGBT-specific organizations like the National Gay and Lesbian Chamber of Commerce and Out At Work in supporting the merger. These three organizations joined the NAACP, and the National Education Association in pushing the FCC for the merger.

Perper points to this as evidence that AT&T may have “bought influence with these” non-profits to advocate for the merger with the FCC.

Hours after his conversation with the Blade, Barrios appeared on Chicago’s “Feast of Fun” podcast with Marc Felion and Fausto Fernos. The issue of GLAAD’s curious support of the AT&T/T-Mobile merger and Perper’s statements regarding that merger soon came up, and Barrios seemed to change his story on a long-forgotten episode from more than a year ago when GLAAD released two letters regarding the principles of “net-neutrality” and expressed support for expanding Internet access. The second letter was later retracted.

At the time, Barrios wrote the FCC asking the letter to be removed from the public record, stating that he’d not given his permission for the letter to be submitted and that the signature is “not in my hand.” However, while speaking with “Feast of Fun,” his story seemed to change.

“It was like January of 2010. And it, it sort of supported the telecom industry’s position on net neutrality, which was not GLAAD’s position,” Barrios said. “In fact, GLAAD, at the time and still, doesn’t endorse bills and doesn’t endorse regulatory actions. So, it would have been impossible for us to do that.”

When reached by phone last week, Richard Ferraro explained why GLAAD cannot take a position on net neutrality.

“As a 501(c)3 there’s a question about whether or not we can,” Ferraro told the Blade. “It’s obvious where we stand [on universal access] … mergers are different.”

On “Feast of Fun,” Barrios shifted his story about the letter’s submission, after taking the position a year earlier that the organization had no knowledge of the letter prior to its submission.

“After an investigation, we determined that it was an administrative error, internally at GLAAD, and I’ll own that, and we withdrew the letter. At the time we withdrew the letter, we didn’t know that, so I was — you can imagine reading a letter in a public submission with your name on it that you had never seen, and it wasn’t your signature — after we did an internal investigation, we realized it was an internal error, an administrative error.”

“[The letter] was pulled, one, because it’s an anti-net-neutrality letter,” Ferraro clarified for the Blade. “Two, because at that point and currently, GLAAD does not take positions on legislation or regulation.”

In January, when the letter had been submitted and subsequently retracted, the narrative that emerged was that the letter had been forged. However, after the Feast of Fun statements, Bil Browning of Bilerico Project sought a clearer explanation about the letter.

In an interview last week with Browning, Barrios revealed his personal assistant — a woman Bilerico identified as Jeanne Christiano who has worked for Barrios consistently for seven years, and goes back to his days as a Massachusetts state senator — had called him while he was on the road, and in a hurry, he gave the letter his approval thinking that the two were discussing the previous letter with language Barrios had approved.

“We made a mistake. I authorized my assistant over the phone to sign and submit a letter that I understood to be a re-filing of the October letter in support of broadband proliferation,” Barrios told Browning. “When I realized she had inadvertently submitted an anti-net neutrality letter, I withdrew it … at the time, I had never seen the letter that was filed, and did not recognize the signature.”

Last week, after the story broke of the retracted letter to the FCC supporting the telecom’s position on net-neutrality, the Blade again spoke with Ferraro, this time about the new information emerging about the FCC letter.

“There’s an October letter that Jarrett wrote to the FCC that’s on the FCC site,” Ferraro told the Blade, “that very broadly talks about broadband proliferation, and speaks to our statement Friday about net-neutrality, which is that we don’t currently have a position, but we support universal access … we support the ideas behind, the principles behind net-neutrality – that we can do.”

According to Ferraro, GLAAD board member and communications law professor at American University, Anthony Varona, noticed the subtle pro-telecom messages in the letter after having served as a lawyer at the FCC in the past and immediately contacted the organization’s leadership asking why GLAAD was supporting the telecom industry’s anti-net-neutrality stance.

“When Tony Verona — who speaks FCC language — read this,” Ferraro explained, “he said ‘Why the heck did you send in a letter anti-net-neutrality?’ Jarrett of course said, ‘I never read that letter, I never said I’m against net-neutrality.’”

According to Ferraro, the suggested language is believed to have come directly from AT&T, and was copied verbatim by Barrios’ assistant, Jeanne Christiano.

Ferraro explained, “He was traveling, as he still does [a lot] … she’s more than an assistant — they’ve worked together for seven years. … I was not on the call, so can’t speak with certainty, but he said she called him and said something along the lines of ‘so I have the letter on broadband. They want the letter, do you want me to go forward with it?’ and he said, ‘yeah yeah,’ thinking it was the October letter.”

Ferraro agreed there must have been a major communication breakdown at GLAAD.

“He never saw the letter, and he said, ‘yeah, send it in.’ And obviously he didn’t mean to send it in, because as soon as the board member [questioned the letter], he said, ‘huh? I never saw that letter. I didn’t sign that letter. That’s not my signature.’ and he didn’t authorize it. The thing that he’s been trying to do is he doesn’t want to throw her under the bus. This was his mistake. He should have read the letter — he didn’t.”

The controversy raises the question: will GLAAD start weighting in on other FCC-related matters if a business has any ties to the LGBT community?

“One thing that has happened since Jarrett came on board, is that we’ve been more engaged with the FCC, which is a government agency that needs to hear more from the LGBT community … since then, you did hear us weigh in on the NBC merger, you did hear us weigh in on AT&T and we did file an FCC complaint about ‘Jose Luis Sin Censura,’ which is the most anti-gay program on television today,” Ferraro said.

Some activists argue there are larger issues at play than GLAAD’s support of the AT&T merger, or whether or not GLAAD can take a position on net-neutrality. Some leaders in the community are wondering if GLAAD is ready to unravel. Laurie Perper herself called for the dissolution of GLAAD, and discussed it with Signorile when she appeared on his show.

When the Blade asked Perper if GLAAD could survive this controversy, she said it would require a massive change in personnel and makeup of the board.

“One of the things that has come forward is GLAAD’s brand name has been heavily tied to the media awards and people feel that GLAAD is owned by the broadcasters,” Perper said. “The word transparency gets thrown around a lot and unfortunately I found in trying to manage Jarrett that he was far from transparent. So I was actually there for five months with him, and that was long enough for me to see that he was going to make decisions against the board, without consulting the board, the co-chairs and against their will.”

Perper also believes a narrower focus would help GLAAD recover.

“I think that they’ve expanded their programmatic work too much and therefore don’t have a solid impact in any one area, so I think they need to retract a little bit in this difficult economy, decide where they want to make an impact, and truly come out with thoughtful statements, rather than the flip-flopping I’ve seen them do with Adam Lambert, with the AT&T situation. … So they just need a consistent message and vision that they can put forth, that people can understand, and then they need to act on it as hard as they can.”

She continued, “I’ve had a lot of discussions with people who happen to be aware of a lot of the situation that’s going on with GLAAD and a lot of the controversy,” she continued, “and they all feel very strongly about the GLAAD brand name and that it still has tremendous value in the marketplace. So when I talk about the dissolution of it, I do it with a really heavy heart, not ‘how do you ever rebuild a brand name like that,’ but thinking ‘how do you get rid of a president and half of the board members who have helped enable him to bring such tarnish to the name?’”

Barrios, however, sees the organization heading in the right direction.

“We’ve enjoyed some of our highest profile victories ever in the last 18 months,” said Barrios. “So where we’re going is down that path … we’ve had some major victories with the ‘Today’ show, the marriage contest last year. A number of victories with our ‘no two sides’ campaign last year … Mostly that work is happening behind the scenes.”

When members of the media continued to pursue answers to the questions left unanswered at the onset of last weekend, GLAAD tried to shift attention to the Tracy Morgan scandal on Friday. GLAAD backed off from a promise to have Barrios chat on the phone with the Blade in regard to the new confusion brought about by the Friday morning Bilerico report and the Thursday morning Feast of Fun interview.

What’s still unclear is how the suggested language ended up in an official letter on GLAAD letterhead. GLAAD would not comment on whom from AT&T delivered the suggested language, noting only that “AT&T is the source.” However, with a former AT&T lobbyist on the board of directors, who now consults for telecom companies including AT&T, some wonder if Troupe Coronado was the conduit for this “suggested language” that turned GLAAD into an anti-net-neutrality advocate for the telecom industry.

Also unanswered is how unauthorized language was allowed to be submitted by an assistant to a government agency. If this specific language was not approved, why was there no protocol in place to prevent a scenario where an employee of the organization can sign the president’s name to an official document and send it as an agent of the entire group?

There are also nagging questions about Troupe Coronado’s influence and role in the controversy. In January 2006, the Washington Post’s Jeffrey H. Birnbaum and Thomas B. Edsall investigated Coronado for allegedly exceeding the gift-giving limits on lobbyists when schmoozing lawmakers. He was still with BellSouth at the time. BellSouth is now part of AT&T. In addition, OpenSecrets.org lists him as a “revolving door personnel,” someone who has bounced from industry lobbying jobs, to government jobs and back again.

Coronado’s connections to the telecom industry and GLAAD’s subsequent misfires in the field of telecom regulation and corporate dealings is troubling for many activists, even if those connections are tenuous and possibly only coincidental.

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Federal Government

4th Circuit rules gender identity is a protected characteristic

Ruling a response to N.C., W.Va. legal challenges

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Lewis F. Powell Jr. Courthouse in Richmond, Va. (Photo courtesy of the U.S. Courts/GSA)

BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.

Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.

In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.

The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.

In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.

Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.

Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.

See this portion of the court analysis here:

4th Circuit rules against legal argument that trans treatment bans do not discriminate against trans people because ‘they apply to everyone.’

Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.

Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.

The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.

Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.

The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:

The 4th Circuit majority rebuts the state’s proxy discrimination argument.

Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”

Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.

Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.

The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.

Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.

The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.

The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.

Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.

Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.” 

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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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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