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DeVos still won’t say federal law bars anti-LGBT discrimination

Education secretary insists schools must follow federal law

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Betsy DeVos, gay news, Washington Blade

Education Secretary Betsy DeVos wouldn’t say charter schools are barred from anti-LGBT discrimination. (Blade photo by Michael Key)

Weeks after facing criticism for refusing to speak out in congressional testimony against anti-LGBT discrimination in charter schools, Education Secretary Betsy DeVos still won’t say federal law prohibits them from discriminating against LGBT students.

DeVos on Tuesday referred generally to rules under federal law in a testy exchange on whether she’d speak out against anti-LGBT discrimination in charter schools with Sen. Jeff Merkley (D-Ore.), who said the statute in this area is “somewhat foggy.”

Although DeVos acknowledged charter schools aren’t eligible for U.S. government money if they violate federal laws against discrimination, she dodged when asked specifically if charter schools under her plan would be able to discriminate against LGBT students.

“I said it before and I’ll say it again that schools that receive federal funds must follow federal law,” said DeVos, who’s promoting a Trump administration plan that calls for a $250 million increase in school voucher funds.

When Merkley insisted federal law is foggy and pressed DeVos again on whether anti-LGBT discrimination would be allowed under her proposal, she said, “On areas where the law is unsettled, this department is not going to be issuing decrees. That is a matter for Congress and the courts.”

Merkley interrupted to seek clarification, but DeVos would only repeat her deference to Congress and the U.S. Supreme Court when the law is unclear.

Visibly frustrated, Merkley said he interprets DeVos’ response to mean “where it’s unsettled, such discrimination will continue to be allowed under your program,” adding if that interpretation is incorrect, she should make a correction in the record.

Asked the same question as it pertains to discrimination against students on the basis of religion, DeVos’ response was no different.

“Again, for schools that receive federal funds, federal law must be followed,” DeVos said.

When Merkley demanded DeVos answer the question as it pertains to religious discrimination against students, she said, “Schools that receive federal funds will follow federal law. Period.”

The Oregon Democrat rebuked DeVos for a response he said is too vague.

“You’re refusing to answer the question,” Merkley said. “I think that’s very important for the public to know that today the secretary of education before this committee refused to affirm that she would put forward a program that bans discrimination based on LGBTQ status of students or bans discrimination based on religion.”

DeVos protested Merkley’s characterization of her words, denying her response indicated any support for allowing discrimination in charter schools.

“Sir, that’s not what I said,” DeVos said. “That’s not what I said. Discrimination in any form is wrong. I don’t support discrimination in any form.”

Merkley asked for a yes-or-no answer on whether DeVos’ program bans discrimination, the education secretary replied, “What program are you talking about?” Merkley said it was her charter and private school grant proposals, prompting DeVos to repeat her previous response.

“As I said before, and let me say it again, schools that receive federal funds need to follow federal law. Period,” DeVos said.

Interrupting DeVos, Merkley concluded, “You said the same thing 10 times without answering the question at all.”

Although she wouldn’t say federal law bars discrimination against LGBT students, DeVos’ general repudiation of discrimination in any form is different from an earlier exchange with Rep. Katherine Clark (D-Mass.). At the time, DeVos wouldn’t denounce discrimination in any capacity when asked about anti-LGBT or racial discrimination in charter schools.

Denouncing DeVos for her response was Sarah Kate Ellis, CEO of GLAAD, who said in a statement the secretary’s words were leaving LGBT students out in the cold.

“By once again turning a blind eye to LGBTQ students who experience discrimination in school, Secretary DeVos continues to prove why she was the wrong choice to lead our nation’s education system,” Ellis said. “DeVos once claimed she was an LGBTQ ally, but has now supported back to back policies that would erase LGBTQ students from classrooms. If she wants to be known as more than an anti-LGBTQ activist the time is now to reverse course.”

Federal law doesn’t explicitly ban anti-LGBT discrimination, but it does bar sex discrimination. Courts are increasingly interpreting those laws to prohibit discrimination on the basis of sexual orientation and gender identity. That’s likely what Merkley meant when he said existing federal law on the issue is “somewhat foggy.”

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin for any school accepting federal funds, and Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex for any school accepting federal funds. There is an exemption in Title IX for religious schools, but not for charter or secular private schools.

The Obama administration had issued guidance making clear Title IX precludes schools from barring transgender students from the restroom consistent with their gender identity, but DeVos along with U.S. Attorney General Jeff Sessions revoked it at the start of the Trump administration. Media reports indicated DeVos resisted that move and she later met with LGBT groups and transgender students at the Education Department.

Vanita Gupta, CEO of the Leadership Conference on Civil & Human Rights, said she’s “glad to hear” DeVos opposes discrimination, but called for action.

“Words alone are insufficient,” Gupta said. “She must use her authority as secretary to make that prohibition and those protections for students real. The department must also proactively support schools to prevent discrimination and intervene when the law is broken. This can’t just be about talk; students need and deserve action.”

Merkley is lead sponsor in the Senate of the Equality Act, comprehensive legislation that would make explicit a ban on anti-LGBT discrimination in every area of civil rights law, including education.

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District of Columbia

Gay GOP group hosts Ernst, 3 House members — all of whom oppose Equality Act

Log Cabin, congressional guest speakers mum on June 25 event

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Sen. Joni Ernst spoke to D.C.’s Log Cabin group. (Washington Blade file photo by Michael Key)

U.S. Sen. Joni Ernst (R-Iowa) and three women Republican members of the U.S. House appeared as guest speakers at the June 25 meeting of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican group with that same name.

The U.S. House members who joined Ernst as guest speakers at the Log Cabin meeting were Celeste Maloy (R-Utah), Kat Cammack (R-Fla.), and Julia Letlow (R-La.).

Neither D.C. Log Cabin Republicans President Andrew Minik nor spokespersons for Ernst or the three congresswomen immediately responded to a request by the Washington Blade for comment on the GOP lawmakers’ appearance at an LGBTQ GOP group’s meeting.

“Please join us for an inspiring evening as we celebrate and recognize the bold leadership and accomplishments of Republican women in Congress,” a D.C Log Cabin announcement sent to its members states.

“This month’s meeting will highlight the efforts of the Republican Women’s Caucus and explore key issues such as the Protection of Women and Girls In Sports Act and the broader fight to preserve women’s spaces in society,” the message says.

It was referring to legislation pending in Congress calling for banning transgender women from participating in women’s sports events. 

According to media reports, Ernst and the three congresswomen have expressed opposition to the Equality Act, the longstanding bill pending in Congress calling for prohibiting discrimination based on sexual orientation and gender identity in the areas of employment, housing, and public accommodations. 

The Log Cabin announcement says the meeting was scheduled to take place at the Royal Sands Social Club, which is a restaurant and bar at 26 N St., S.E. in the city’s Navy Yard area.    

D.C. Log Cabin member Stuart West, who attended the meeting, confirmed that Ernst and the three congresswomen showed up and spoke at the event.

“It was a good turnout,” he said. “I would definitely say probably 30 or 40 people attended.” West added, “Four women came to talk to a group of mostly gay men. That’s something you don’t see very often.” 

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District of Columbia

D.C. police seek public’s help in July 5 murder of trans woman

Relative disputes initial decision not to list case as hate crime

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Daquane ‘Dream’ Johnson (Photo courtesy of family)

D.C. police are seeking help from the public in their investigation into the murder of a transgender woman who they say was shot to death at about 12:30 a.m. on Saturday, July 5, on the 2000 block of Benning Road, N.E.

But the police announcement of the fatal shooting and a police report obtained by the Washington Blade do not identify the victim, 28-year-old Daquane ‘Dream’ Johnson of Northeast D.C., as transgender. And the police report says the shooting is not currently listed as a suspected hate crime.

It was local transgender activists and one of Johnson’s family members, her aunt, who confirmed she was transgender and said information they obtained indicates the killing could have been a hate crime.

“On Saturday, July 5, at approximately 12:51 a.m., Sixth District officers were flagged down in the 2000 block of Benning Road, Northeast, for an unconscious female,” a July 5 D.C. police statement says. “Upon arrival, officers located an adult female victim suffering from gunshot wounds,” it says.

“D.C. Fire and EMS responded to the scene and transported the victim to a local hospital where after all lifesaving efforts failed and the victim was pronounced dead,” the statement says.

A separate police flyer with a photo of Johnson announces an award of $25,000 was being offered for information leading to the arrest and conviction of the person or persons responsible for the murder.

The flyer identifies D.C. police Homicide Detective Natasha Kennedy as being the lead investigator in the case and says anyone with information about the case should contact her at 202-380-6198.

Longtime D.C. transgender rights advocate Earline Budd told the Blade that one of the police investigators contacted her about the case and that she also spoke to Detective Kennedy. Budd said police confirmed to her that Johnson was a transgender woman.

(Photo courtesy of family)

One of Johnson’s family members, Vanna Terrell, who identified herself as Johnson’s aunt, told the Blade that Johnson used the first name of Dream and had planned to legally adopt that name instead of Daquane but had not gotten around to doing so.

Terrell said she and other family members learned more about the incident when one of two teenage high school students who knew Johnson’s brother contacted a friend and told the friend that they recognized Johnson as they witnessed the shooting. Terrell said the friend then called her to tell her what the friend learned from the two witnesses.

According to Terrell, the witnesses reportedly saw three men approach Johnson as Johnson walked along Benning Road and one of them called Johnson a derogatory name, leading Terrell to believe the men recognized Johnson as a transgender woman.

Terrell said one of the witnesses told the friend, who spoke to Terrell, that the man who shot Johnson kept shooting her until all of the bullets were fired. Budd, who said she spoke to Terrell, who also told her what the witnesses reported, said she believed the multiple shots fired by the shooter was an “overkill” that appears to have been a hate crime. Terrell said she too believes the murder was a hate crime.

In response to an inquiry from the Blade, Officer Ebony Major, a D.C. police spokesperson, stated in an email, “At this point there is nothing in the investigation that indicates the offense was motivated by hate or bias.”

Terrell said a memorial gathering to honor Johnson’s life was scheduled to be held Saturday, July 12, at River Terrace Park, which is located at 500 36th St., N.E. not far from where the shooting occurred.

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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