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Clinton talks N.Y. marriage in Pride speech

But no change in her opposition to marriage equality

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Secretary of State Hillary Clinton spoke about New York’s new marriage law on Monday acknowledging its importance to the LGBT community and the Empire State — but she didn’t announce a change in her own stated opposition to marriage equality.

During a speech commemorating Pride month at the State Department, Clinton referenced legislation enacting same-sex marriage in New York as a monumental achievement for the supporters of LGBT rights in her audience.

A former U.S. senator from New York, Clinton called the passage of the marriage law a “historic vote” and said it “gives such visibility and credibility to everything that so many of you have done over so many years.”

Later during her speech, Clinton noted during the debate in New York a key vote toward the end was switched in favor of the marriage bill from a Republican senator from the Buffalo area whom Clinton said “became convinced that it was just not any longer fair for him to see one group of his constituents as different from another.” Clinton was presumably referring to State Sen. Mark Grisanti, a freshman senator who had sought office promising to oppose same-sex marriage.

“Senators stood up and talked about nieces and nephews and grandchildren and others who are very dear to them, and they don’t want them being objectified or discriminated against,” Clinton said. “And from their own personal connections and relationships, they began to make the larger connection with somebody else’s niece or nephew or grandchild and what that family must feel like.”

Despite the remarks and her suggestion that the lack of marriage equality in the state enabled discrimination against same-sex couples, the secretary has yet to endorse marriage equality.

Asked whether she supports gay nuptials in November during a forum in Australia, Clinton replied, “I have been a strong supporter of ending discrimination and particularly focusing on hate crimes and workplace bias and the like. I have not supported same-sex marriage. I’ve supported civil partnerships and contractual relationships, yet I am supportive of our states taking actions that they believe reflects the evolution of attitudes about this.”

Clinton’s remarks on the New York marriage win come at a time when President Obama is facing increased pressure to endorse same-sex marriage. Obama has said he’s wrestling with the idea of same-sex marriage, but has yet to endorse marriage equality. As a senior member of the Obama administration, Clinton could feel compelled to toe the line of the president when talking publicly about same-sex marriage.

Richard Socarides, president of Equality Matters, said he thinks it’s important that Clinton publicly state support for marriage equality just as he has called on Obama to declare support for same-sex nuptials.

“Given the office she holds, there are some constraints on her, but I’m not giving her a pass,” Socarides said. “I hope she would soon find the appropriate venue to go further and clearly articulate her support.”

Also during her 14-miunte speech, Clinton referenced the work the State Department has done in the past year to address LGBT issues overseas, including facilitating passage of a resolution at the United Nations recognizing the human rights of LGBT people worldwide.

“And with that we took a huge step forward in our work to refute the hateful suggestion that LGBT people are somehow exempt from human rights protections, and we made it absolutely clear that, so far as the United States is concerned and our foreign policy, and our values — that gay rights are human rights and human rights are gay rights,” she said.

Clinton’s remark that “gay rights are human rights” is a refrain from a line that she ad-libbed during her 2010 speech during a Pride event that received media attention and was echoed during other State Department events.

Identifying other accomplishments in the past year, Clinton also said U.S. ambassador to Italy David Thorne played a role in bringing Lady Gaga to Rome this month for a Pride concert.

“Now, as many of you know, Lady Gaga is Italian American and a strong supporter of LGBT rights,” Clinton said. “And the organizers of the EuroPride event desperately wanted her to perform, and a letter to her from Ambassador Thorne was instrumental in sealing the deal. Over 1 million people attended the event, which included powerful words in support of equality and justice.”

Additionally, Clinton said State Department workers help instigate action in Honduras in the past year after more than 30 LGBT people were murdered and investigations in these anti-gay crimes seemed to be heading nowhere.

“Then our embassy team got involved,” Clinton said. “They publicly called on the Honduran government to solve the murders, bring the perpetrators to justice, do more to protect all Hondurans from harm. Soon after, the government announced it was creating a task force to investigate and prevent hate crimes. And with the help of a United States prosecutor and detective, which our embassy arranged to be made available to assist in this effort, we are making progress.”

Clinton was warmly received during the event by her audience at the State Department, which consisted largely of State Department employees and LGBT rights supporters. The event was held by GLIFFA, or Gays & Lesbians in Foreign Affairs Agencies, the LGBT affinity group for State Department workers.

The complete text of Clinton’s speech follows:

Secretary of State Hillary Rodham Clinton

At an event co-hosted by the Department of State and Gays and Lesbians in Foreign Affairs Agencies (GLIFAA) in celebration of LGBT Pride Month

June 27, 2011
Dean Acheson Auditorium
Washington, D.C.

SECRETARY CLINTON: Thank you all. Thank you. Thank you all very much. Thank you.

Well, this is an especially momentous and extraordinary time for us to meet for the State Department’s annual Pride celebration, the third event we’ve had here at State since I became Secretary, and the first following the historic vote in New York, which I think gives such visibility and credibility to everything that so many of you have done over so many years, because I look out at this audience and I see a lot of familiar faces of people who have been on the frontlines for many years and have worked so diligently and smartly for the progress that we are seeing.

I do want to recognize, in addition to John, Patrick, and Arturo, who have already been mentioned, Under Secretary Otero and Assistant Secretary Posner and USAID Deputy Director Steinberg and Deputy Assistant Secretary Baer and all who have led our efforts, including Counselor Mills, to protect the rights and well-being of LGBT people worldwide. And I thank Jon Tollefson and GLIFAA for being an invaluable partner in coordinating personnel and policy matters here at State. I’m very honored to receive this award. It really belongs to all of you and so many others in recognition of the work that we’ve had the opportunity to do together to advance equality around the world.

It is an inspiration, however, to keep working, because we have a long way to go toward a world that affords all people the respect, dignity, and equality that they are entitled to. So in that vein, I wanted to share just a few stories from the past year that I hope will keep us going because they are stories of perseverance and creativity by our Foreign Service officers and civil servants who are representing the United States.

In Honduras, as many of you know, anti-gay violence increased significantly in 2009 and 2010. More than 30 LGBT people were murdered and the investigations into those crimes appeared to be going nowhere. Then our Embassy team got involved. They publicly called on the Honduran Government to solve the murders, bring the perpetrators to justice, do more to protect all Hondurans from harm. Soon after, the government announced it was creating a taskforce to investigate and prevent hate crimes. And with the help of a United States prosecutor and detective, which our Embassy arranged to be made available to assist in this effort, we are making progress. And I particularly want to thank and recognize Assistant Secretary Valenzuela, because it was his leadership on this issue that really made a difference.

In Slovakia, the country’s first-ever Pride parade last year ended in violence. So this year, our Embassy staff worked overtime to help make the parade a success. They brought together more than 20 chiefs of mission from other nations to sign a public statement of support for the march. They hosted a respectful, productive debate on LGBT rights. And on the day of the parade, our ambassador marched in solidarity right next to the mayor of Bratislava.

And then there is the work that our Embassy team in Rome has been doing. Two weeks ago, they played an instrumental role in bringing Lady Gaga to Italy for a EuroPride concert. (Laughter.) Now, as many of you know, Lady Gaga is Italian American and a strong supporter of LGBT rights. And the organizers of the EuroPride event desperately wanted her to perform, and a letter to her from Ambassador Thorne was instrumental in sealing the deal. Over 1 million people attended the event, which included powerful words in support of equality and justice.

And then there is the tremendous work that our diplomats have been doing in regional and international institutions to strengthen a shared consensus about how governments should treat their citizens. And we’ve made the message very consistent and of a high priority. All people’s rights and dignity must be protected whatever their sexual orientation or gender identity.

In March, President Obama and Brazilian President Rousseff announced their shared support for the creation of a special rapporteur for LGBT rights within the Inter-American Commission for Human Rights. And we have our Bureau for Western Hemisphere Affairs and our permanent mission to the OAS to thank for that.

Also in March, the United States led a major effort at the Human Rights Council in Geneva to get other countries to sign on in support of a statement on ending violence and criminalization based on sexual orientation and gender identity. In the end, 85 countries signed the statement, 18 more than ever had signed onto any previous UN statement on LGBT rights.

And in the very next session of the Human Rights Council, just two weeks ago after another major push by American diplomats in Geneva as well as our teams from IO, DRL, EUR, WHA, and other bureaus, the Council passed the first ever UN resolution recognizing the human rights of LGBT people worldwide. And it was especially meaningful that we had South Africa cosponsoring that resolution with us. And with that we took a huge step forward in our work to refute the hateful suggestion that LGBT people are somehow exempt from human rights protections, and we made it absolutely clear that, so far as the United States is concerned and our foreign policy, and our values – that gay rights are human rights and human rights are gay rights.

Now, it is not just momentous achievements like the Human Rights Council resolution that contribute to progress; it is the day-to-day work of our embassies and AID missions around the world to increase engagement around the issues affecting LGBT rights, especially in those places where people are at risk of violence, discrimination, or criminalization. That’s a concern that Johnnie Carson, our assistant secretary for African Affairs, who is currently on travel to Africa, raises regularly with his African leader counterparts; the op-ed that our ambassador to Barbados wrote in support of LGBT rights; the work that our Eric Schwartz, our assistant secretary for Population, Refugees, and Migration is doing to lead the training of humanitarian workers to better protect and assist LGBT refugees and asylum seekers; the discussions that undersecretary Maria Otero led about the human rights of LGBT people in our first Global Issues Dialogue with Norway.

And so I want to applaud all of our diplomats and our development experts who continue to reach out to those advocating around the world in Uganda, Malawi, Russia, Turkey, China, and so many other places. Our colleagues are meeting with human rights activists, health authorities, youth activists, sex workers, the full range of people who are involved in and working to protect LGBT people’s rights and lives. This is people-to-people diplomacy at its best.

Now, all this progress is worth celebrating, but we cannot forget how much work lies ahead. Because let’s just face the facts: LGBT people in many places continue to endure threats, harassment, violence – including sexual violence – in public and private. They continue to flee their homes and nations and seek asylum because they are persecuted for being who they are. They continue to be targeted for trying to build public support through pride activities such as parades. And what we have long thought is becoming the case, and that is if we can convince people to speak out about their own personal experiences, particularly within their own families, it does begin to change the dialogue.

If you followed closely, which I’m sure all of you did, the debate in New York, one of the key votes that was switched at the end was a Republican senator from the Buffalo area who became convinced that it was just not any longer fair for him to see one group of his constituents as different from another. Senators stood up and talked about nieces and nephews and grandchildren and others who are very dear to them, and they don’t want them being objectified or discriminated against. And from their own personal connections and relationships, they began to make the larger connection with somebody else’s niece or nephew of grandchild and what that family must feel like.

So we have to continue to stand up for the rights and the well-being of LGBT people, and sometimes it’s hard when you’re in the middle of a long campaign to see where you’re getting. But I’ve always believed that we would make progress because we were on the right side of equality and justice. Life is getting better for people in many places, and it will continue to get better thanks to our work. So I ask all of you to look for ways to support those who are on the front lines of this movement, who are defending themselves and the people they care about with great courage and resilience. This is one of the most urgent and important human rights struggles of all times. It is not easy, but it is so rewarding.

Pride month is a time for gratitude, for joy, and of course, for pride – pride in ourselves, in our families and friends, in our colleagues, in our community. And at the State Department, there are so many reasons for pride, and the same is true for all of our foreign affairs agencies represented here, from AID to the Peace Corps and others, because we do have so many talented people, and we have so many who are LGBT serving our nation with honor, courage, and skill. And shortly, our military partners will be able to say the same.

So think of the amazing work that has been done in the last year or two, because it truly is a great tribute to those who have fought for these rights, for those who have sacrificed for them, and mostly for our country, because it is our country and our values that truly are being put at the forefront.

And so I say to all of you, thank you. You make our country proud and you make me proud as the Secretary of State to work with you and serve with you every day. But please don’t forget that for every proud moment we can share together, there are so many around the world who live in fear, who live in shame, who live in such difficult circumstances. And our work must continue until they have the same opportunity that all of you and so many other Americans have, which is to be recognized for who you are and to be given the respect that you so richly deserve.

Thank you all very much.

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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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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