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Lesbian activist awarded Presidential Citizens Medal

Langbehn receives second-highest civilian honor

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Janice Langbehn (left) and President Obama (Blade photo by Michael Key)

A lesbian activist who helped secure hospital visitation rights for gay couples across the country on Thursday received the nation’s second-highest civilian honor.

Janice Langbehn, who was unable to visit her partner in 2007 before she died in a Florida hospital, was among 13 recipients of the 2011 Presidential Citizens Medal. During a ceremony in the East Room of the White House, President Obama conferred the medals to each of the recipients.

During his remarks, Obama paid special attention to award recipients who took action after their families endured hardship. For Langbehn, the trial was being separated from her partner of 18 years, Lisa Pond, as she lay dying in the hospital after suffering from a brian aneurysm.

“As a father and husband, I can’t begin to imagine the grief that they must have felt in that moment — their anger and their sense that the world was not fair,” Obama said. “But they refused to let that anger define them. They each became, in Janice’s words, an ‘accidental activist.’ And thanks to their work, there are parents and partners who will never have to go through what they went through.”

Obama conferred the award to Langbehn, a lesbian who hails from Lacey, Wash., after a military aide standing the near the stage read a description of her accomplishments.

“Janice Langbehn transformed her own profound loss into a resounding call for compassion and equality,” the aide said. “Determined to spare others from similar injustice, Janice spoke out and helped ensure that same-sex couples can support and comfort each other through some of life’s toughest trials. The United States honors Janice Langbehn for advancing America’s promise of equality for all.”

Since Pond’s death, Langbehn has spoken with the press and organizations about being denied the ability to visit her partner in the hospital. Lambda Legal filed a lawsuit on her behalf against the facility, Jackson Memorial Hospital, which was unsuccessful. However, the hospital later agreed to change its policy on its own accord.

Langbehn is credited with being the figure that inspired President Obama to issue a memorandum last year directing hospitals receiving of Medicare and Medicaid funds — or virtually all hospitals — to allow patients to designate whomever they choose to visit them in the hospital, including a same-sex partner.

Her story inspired a 2009 article in the New York Times that reportedly was read by then-White House Chief of Staff Rahm Emanuel and shown to Obama. After reading the article, Obama directed Secretary of Health & Human Services Kathleen Sebelius to make the change on hospital visitation policy.

Among the 150 attendees at the ceremony were Langbehn’s brother Wallace “Skip” Langbehn; her sister Marilyn Langbehn, Human Rights Campaign Family Project Deputy Director Tom Sullivan; Beth Littrell, a staff attorney in the Southern Regional Office of Lambda Legal; and Cindi Creager, communications director of the LGBT Community Center in New York.

The Presidential Citizens Medal is given to Americans who perform “exemplary deeds of service for their country or their fellow citizens.” This year, the 13 awardees were chosen from a pool of nearly 6,000 public nominations received by the White House.

The civilian honor is second only only to the Presidential Medal of Freedom. Other honorees include civil rights activists Rosa Parks and Dorothy Height.

In a statement, Langbehn called receiving the Presidential Citizens Medal “a great honor.”

“It is my hope that my family’s loss, this medal, and the attention it brings to the discrimination our families have faced during the most difficult moments, will help ease suffering and ensure that no family has to go through what my family went through,” she said.

Joe Solmonese, president of the Human Rights Campaign, commended Langbehn in a statement for her work and said her action secure one of the most fundamental needs for gay families.

“Janice Langbehn turned her family’s healthcare horror story into action and has worked hard to make sure other LGBT Americans aren’t denied the right to be at an ailing loved one’s bedside,” Solmonese said. “Her story inspired our President to address one of our community’s most critical needs, and for that she has earned the nation’s second-highest civilian honor.”

Prior to the ceremony, Langbehn had an interview with the Washington Blade on the White House grounds. A transcript of the interview follows:

Washington Blade: Can you tell me about how you heard the news that you got this medal and what your reaction was at the time?

Janice Langbehn: It was actually found out on what would have been Lisa’s and my 20th anniversary of our holy union. And I was quite shocked because I had no idea I was even nominated for this prestigious honor. It also again reaffirms that all my speaking out over these last four-and-a-half years is important, was important and continues to be important for equality for all of us. We’re no longer second class citizens. If I can get the Presidential Citizens Medal, we all need to be first-class citizens in this country.

Blade: Now that you’re on the White House grounds, can you tell me where your thoughts are at this time?

Langbehn: I’m really nervous obviously for what’s to come. And also, I hope I’m worthy of such a high honor from the country.

Blade: Can you talk to me a little bit about what you’ve done since the death of your spouse and how it’s led to the hospital visitation rights memo?

Langbehn: It was about three months after Lisa died in ’07 that I was asked to speak at our local Pride event in Olympia, Wash. And I connected with GLAAD, who helped me figure out how to put the message together. And them, once the words came out it was so natural after that that what happened to our family was so wrong.

Lisa died completely alone. For eight hours, our children and myself were barred from her bedside for no other reason than we were gay. And so, she died completely alone, and no one should have to die alone in this country if they have family.

And I have said it since the beginning, I have felt like a failure to Lisa because our vows were in sickness and health and I wasn’t there the time she most needed me, and so speaking out was somewhat of a way to get it out the community that this happens. We need our paperwork, but this also needs to change. And that’s what President Obama, along with Secretary Sebelius was able to do, and I’m so grateful for that.

Blade: Do you think the hospital visitation rights memo that President Obama issued — did that sufficiently address the issue, or is more work needed?

Langbehn: I think it did address the issue of hospital visitation, without a doubt, and then, the follow up memo of how to implement it in hospitals that came out this last August absolutely tells hospitals, “A, B, C, D, make sure this is in your patients’ bill of rights, etc., and make sure your staff are culturally competent on LGBT issues.”

I think the one area that’s still is kind of a little grey is if the patient comes in incapacitated and the documents aren’t there ahead of time — like ours were — though it didn’t help us. So, there’s still work to do and Secretary Sebelius admits that there’s still plenty of work to do. But this is a great first step and its Lisa’s legacy.

Blade: Is there anything more you’d like to see from President Obama? What’s the next thing you’d like to see from President Obama on the issues of LGBT rights?

Langbehn: Well, he’s got to get rid of DOMA. DOMA has to go and ENDA needs to come in. I mean, I can’t say it any more bluntly than that. The more patchwork of rights that we have across the country, the more of a problem it’s going to be, so DOMA has to go, and it’s as simple as that.

Blade: Thank you so much, Ms. Langbehn. I really appreciate it.

Watch the video here:

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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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