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Tempers flare over negative messages in Va., S.F.

Victory Fund defends ‘attack’ mailings amid criticism from Cleve Jones, other Dems

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Negative campaign messages were unleashed on behalf of openly gay candidates in Virginia and San Francisco during the past two weeks, raising the ire of LGBT activists and their straight allies.

In both cases, the messages were issued by the Gay and Lesbian Victory Fund, a non-partisan group that raises money and campaigns to help elect openly LGBT candidates across the country.

One of the group’s messages, issued in the form of an email sent to the Victory Fund’s members and donors, targeted Virginia State Sen. Janet Howell (D-Reston), who is being challenged by gay Republican Patrick Forrest, an attorney and former senior official with the U.S. Department of Homeland Security.

The other message came in the form of a mailing that targeted San Francisco City Attorney Dennis Herrera, who is being challenged in his race for San Francisco mayor by gay former San Francisco Supervisor Bevan Dufty. Both are Democrats and the two are among 16 candidates running in the hotly contested mayoral race.

Victory Fund spokesperson Denis Dison said the email in Virginia and the mailing in San Francisco were aimed at informing Victory Fund supporters in Virginia and mostly LGBT voters in San Francisco of the gay candidates’ qualifications and their opponents’ shortcomings as part of a widely used campaign practice in American politics.

But the messages angered some gay Democratic activists in Virginia as well as LGBT Democrats and independents in San Francisco who are backing Herrera. The messages were signed by Victory Fund president and CEO Chuck Wolfe.

In the Virginia email, Wolfe cited a Washington Blade story last month that reported Forrest and his supporters had accused the Howell campaign of using “gay baiting” tactics against Forrest. The Blade story reported that Forrest and his supporters learned that a Democratic Party volunteer approached voters and asked them if they knew that Forrest was gay and allegedly told them he would promote a “homosexual agenda” in the state’s public schools.

Without mentioning Howell by name, Wolfe stated in his email, “That kind of divisive campaigning has no place in politics, and it’s wrong no matter which party does it.

“We’re standing up for Patrick because openly gay voices in politics are far too rare in places like Virginia, and because he’ll be the only openly LGBT Republican state legislator in America if he wins his campaign,” Wolfe said in his email.

Howell told the Blade the Democratic campaign worker was not part of her campaign and acted without authorization and was quickly dismissed from any role in the party dealing with the Howell campaign.

Leaders of LGBT Democrats of Virginia, a statewide group, called Howell one of the LGBT community’s strongest straight allies in the Virginia Legislature. The group notes that Democrats are clinging to a razor-thin majority in the State Senate and a defeat for Howell and just one other Democrat would flip the Senate into the control of Republicans, opening the way for passage of anti-gay bills next year and the certain defeat of LGBT-supportive legislation.

“I get their interest in wanting to endorse a gay candidate,” said Terry Mansberger, chair of the Virginia Democratic Party’s LGBT Caucus. “But I don’t think it was necessary to attack Janet Howell, a very supportive LGBT ally.”

Mansberger said Forrest’s support for LGBT equality, including same-sex marriage, would make him a welcome addition to the State Senate. But he called Forrest’s candidacy ill timed and the Victory Fund’s support for him irresponsible, saying the ouster of Howell and a GOP takeover of the Senate would be devastating to LGBT equality in Virginia for at least the next two years.

David Lampo, president of Log Cabin Republicans of Virginia, a gay group that has endorsed Forrest, disputes that assessment, saying Democrats would likely retain control of the Senate through wins in other races. He said Forrest would be a strong advocate for LGBT rights in the Senate and within the Senate’s GOP caucus regardless of whether Republicans gain control of the body.

Dison of the Victory Fund disputed claims by Howell and her gay supporters that the Victory Fund had attacked Howell or issued an “attack” ad, as some Howell backers have described it.

“Based on information published by the Washington Blade, the Fund asked its own supporters via email to donate to Patrick’s campaign in the face of gay-baiting reportedly employed by Democratic Party operatives,” Dison said. ”That email never mentioned the name of Patrick’s opponent, so charges that we have somehow “targeted” or “attacked” her are baseless.”

In a separate race, Democrat Adam Ebbin, a gay member of the Virginia House of Delegates, is considered the strong favorite to win a seat in the State Senate representing parts of Alexandria, Arlington and Fairfax counties.

The Victory Fund has also endorsed Ebbin. Lampo said his group chose not to endorse Ebbin’s Republican opponent, political newcomer Tim McGhee. Lampo said McGhee declined to endorse proposed legislation to ban discrimination based on sexual orientation and gender identity for state employees.

McGhee created a stir last month when he appeared before an election forum sponsored by the Arlington Gay and Lesbian Alliance and recited biblical passages to stress his personal beliefs as a Christian and questioned whether most gays are comfortable reconciling their sexual orientation and religious upbringing.

Similar to Ebbin, Forrest has expressed strong support for legislation banning employment discrimination for Virginia state employees as well as other LGBT-supportive measures, including marriage equality for same-sex couples and the repeal of a state constitutional amendment approved by Virginia voters in 2006 that bans same-sex marriage in the state.

In a development that LGBT activists see as a positive sign, a third openly gay candidate in Virginia will be on the ballot in the Nov. 8 election. Michael Sutphin, 27, a public affairs coordinator at Virginia Tech University, is running for a seat on the Blacksburg, Va., Town Council.

Sutphin is a graduate of Virginia Tech University, which is located in Blacksburg, and served as president of the college’s LGBT Alliance. He currently serves on the board of Equality Virginia, a statewide LGBT group.

He’s among five candidates running for three seats up for election on the Blacksburg Council. Under the town’s election rules, the three candidates receiving the highest number of votes win election to the seats. Sutphin received the endorsement of the Roanoke Times, the region’s most prominent daily newspaper.

In San Francisco, the Victory Fund mailing outraged some LGBT activists who are supporting Herrera, a City Attorney who is considered one of the strongest LGBT-supportive politicians in California.

Both Herrera and Dufty, along with most of the other 14 candidates in the mayoral race, are Democrats.

Dufty is vying to become the first openly gay mayor in a city considered to be the nation’s epicenter of LGBT rights and equality. The Victory Fund, which endorsed him earlier this year, released its campaign mailing against Herrera last month at a time when Herrera was considered Dufty’s strongest competitor for LGBT votes.

The ad includes a brightly colored depiction of a fish impaled on a hook described as a fishing “lure,” which the ad says illustrates how powerful law firms in the city landed lucrative city contracts from the Office of the City Attorney, which Herrera headed. The ad, citing news media sources, says at least five law firms that donated to Herrera’s campaign for mayor have received a combined total of more than $1.2 million in city contracts.

“The donors are fishing and Dennis Herrera is taking the bait,” the ad says.

Victory Fund spokesperson Dison said his group produced the ad independently from the Dufty campaign without the approval of — or any interaction with — Dufty’s campaign. Dison noted that the practice is used widely by Democrats and Republicans in election campaigns as a means of informing voters of the shortcomings and potential problems of an opponent.

“There’s some criticism there, but it’s all coming from people who are involved in local politics and who have their own candidates and old rivalries,” Dison said. “It gets extremely complicated, but they’re essentially asking us to back off from our support for Bevan Dufty, and we’re not going to,” he said.

“He is an obviously viable and an experienced candidate,” Dison said of Dufty “He has been in government for more than 20 years. He has been elected twice to the Board of Supervisors. And the Bay Area Reporter, when they endorsed him, said he is as qualified as anybody in the field of candidates and it’s time we elected a gay person as mayor.”

The Bay Area Reporter is San Francisco’s LGBT community newspaper. The city’s two LGBT Democratic Clubs, the Harvey Milk and Alice P. Toklas clubs, endorsed Herrera over Dufty.

However, the Toklas Club endorsed Dufty for “second choice” in a first-of-its-kind mayoral voting system for San Francisco that allows every voter to select three candidates and designate them as their first, second and third choice for mayor.

San Francisco gay activist Cleve Jones, a collaborator with San Francisco’s famed gay leader Harvey Milk in the 1970s and the lead organizer of the 2009 LGBT Equality March on Washington, is supporting Herrera. He said he’s outraged over the Victory Fund’s attack ad targeting Herrera in an effort to boost Dufty’s candidacy.

Jones points to Dufty’s role as a lead supporter of the appointment of then San Francisco City Administrator Ed Lee as interim mayor in January of this year. At the time, Lee, who became the city’s first Asian-American mayor, promised he would not seek election for a full term. The Board of Supervisors appointed him mayor to fill the unexpired term of Mayor Gavin Newsom, who resigned after winning election as lieutenant governor.

Lee upset many of his fellow politicians and city officials when he announced he had changed his mind and would enter the mayoral race this year. Many in the Asian-American community along with other supporters urged him to run, saying, among other things, that his role as the city’s first Chinese mayor was historic and he should stay on as mayor beyond his interim appointment.

Jones told the Blade that he and other LGBT activists believe Dufty entered the race as Lee’s stalking horse, with the aim of taking gay votes away from Herrera, who has been viewed as a longstanding champion among gay voters.

“All of the polls show that Bevan is not placing at all,” Jones said.

Dufty, in a telephone interview with the Blade on Tuesday, called Jones’ claims “ridiculous.” He said that under the new voting system for mayor that gives voters three choices, he believes he has a strong chance of winning the race in the second round of “virtual” vote counting.

Under the new system, if no candidate receives at least 51 percent of the “first choice” vote, the candidate with the least number of votes is eliminated and the city counts the second choice votes of that candidate. The process is repeated until a candidate obtains a 51 percent majority.

Dufty, who said he’s convinced the vote count will go to at least one additional round, points out that he has raised $1.3 million for his campaign, the second highest amount raised after Lee, who raised just under $1.5 million. He said polls showing Lee far ahead of all the other candidates are wrong because the polls can’t accurately predict the outcome in the “ranked choice” voting system.

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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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