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Mainstream media press Obama on marriage

President again declines to endorse marriage equality

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President Obama (Blade file photo by Michael Key)

President Obama said on Wednesday the process that led to passage of the New York marriage law was “a good thing” when asked during a news conference, although he refrained from endorsing marriage equality.

“What I’ve seen happen over the last several years, and what happened in New York last week, I think is a good thing because what we saw was the people of New York having a debate talking through these issues,” Obama said. “It was contentious, it was emotional, but ultimately, they made a decision to recognize civil marriage, and I think that’s exactly how things should work.”

Obama also said he believes “each community is going to be different, each state is going to be different to work through them.”

Questions on marriage for Obama came from two reporters during the news conference: NBC’s Chuck Todd and the Wall Street Journal’s Laura Meckler. Coupled with questions that White House Press Secretary Jay Carney took from Meckler and reporter Bill Press on Monday, these inquiries reflect a greater interest in Obama’s marriage position from the mainstream media.

NBC News asked Obama if he believes marriage is a civil right, but Obama didn’t respond and instead detailed the administration’s accomplishments for the LGBT community, including his decision to no longer defend the Defense of Marriage Act in court.

“Let me start by saying that this administration, under my direction, has consistently said we cannot discriminate as a country against people on the basis of sexual orientation,” Obama said. “And we have done more in the two-and-a-half years that I’ve been in here than the previous 43 presidents.”

Pressed  on whether he’s uncomfortable with the idea of different states having different rules or whether anti-marriage laws smack of segregation, Obama talked instead about the growing acceptance of LGBT people.

“Chuck, I think what you’re saying is the profound recognition on the part of the American people that gays and lesbians and transgender persons are our brothers, our sisters, our children, our cousins, our friends, our co-workers — and they have to be treated like every other American, and I think that principle will win out,” Obama said.

Obama’s statement on the passage of the New York marriage law being “a good thing” received further attention during the news conference when the Journal asked if that remark meant he personally supports same-sex marriage, but Obama said that comment didn’t mark a change in his position.

“I’m not going to make news on that today,” Obama said. “Good try, though.”

Pressed further, Obama maintained he wouldn’t make news on the issue and replied, “Laura, I think this has been asked and answered. I’ll keep on giving you the same answer until I give you a different one. All right? And that won’t be today.”

Obama has faced increased scrutiny over his lack of support for same-sex marriage as reaches out to the LGBT community for help to win re-election in 2012. Last week, he held a LGBT fundraiser in New York City and later today a Pride reception is set to take place at the White House.

A brief transcript of the exchange between reporters and Obama on the marriage issue follows:

NBC News: Should marriage be a civil right?

President Obama: Let me start by saying that this administration, under my direction, has consistently said we cannot discriminate as a country against people on the basis of sexual orientation. And we have done more in the two-and-a-half years that I’ve been in here than the previous 43 presidents …

Ending “Don’t Ask, Don’t Tell,” making sure that gay and lesbian partners can visit each other in hospitals, making sure that federal benefits can be provided to same-sex couples across the board, hate crimes — we have made sure that that is a central principle of this administration because I think that’s the central position of America.

Now, what we’ve also done is we’ve said that DOMA, the Defense of Marriage Act, is unconstitutional, and so, we’ve said we cannot defend the federal government poking its nose into what states are doing and putting the thumb on the scale against same-sex couples.

What I’ve seen happen over the last several years, and what happened in New York last week, I think is a good thing because what we saw was the people of New York having a debate talking through these issues. It was contentious, it was emotional, but ultimately, they made a decision to recognize civil marriage, and I think that’s exactly how things should work. …

So I think it is important for us to work through this issues because each community is going to be different, each state is going to be different to work through them. In the meantime, we filed briefs before the Supreme Court that say we think that any discrimination against gays, lesbians, transgenders is subject to heightened scrutiny and we don’t think DOMA is constitutional.

So, I think the combination of what states are doing, what the courts are doing and the actions that we’re taking administratively all are how the process works…

NBC News: Aren’t you at all uncomfortable about different rules in different states? Some people make the argument that that’s what we saw during segregation.

Obama: Chuck, I think what you’re saying is the profound recognition on the part of the American people that gays and lesbians and transgender persons are our brothers, our sisters, our children, our cousins, our friends, our co-workers — and they have to be treated like every other American, and I think that principle will win out. It’s not going to be perfectly smooth, and it turns out the president, and I’ve discovered since I’ve been in this office, can’t dictate precisely how the process works, but I think we’re moving … and I think that’s a good thing.

Wall Street Journal: …I wanted to follow up on one of your earlier answers on same-sex marriage. You said that it’s a positive step that some of these states including New York are moving towards that. Does that mean that you now personally do support same-sex marriage putting aside what individual states decide?

Obama: I’m not going to make news on that today. Good try, though.

Journal: I know you said you didn’t want to say anything more on same-sex marriage, but what said before really led me to believe that that’s what you personally believe. …

Obama: Laura, I think this has been asked and answered. I’ll keep on giving you the same answer until I give you a different one. All right? And that won’t be today.

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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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