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Praise, criticism as HRC heads into new era

Some laud Solmonese for state focus, others say marriage crowding out other priorities

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Joe Solmonese @ Hill press conference 2009 by Michael Key

HRC President Joe Solmonese will step down at the end of March.(Washington Blade file photo by Michael Key)

The Human Rights Campaign’s search for a new president began in full force on Nov. 22 when an executive recruiting firm retained by the HRC board issued an eight-page job announcement describing the qualifications and experience sought for the next leader of the nation’s largest LGBT advocacy group.

The release of the job announcement, which is posted on the HRC website, followed an Oct. 3 announcement by HRC that its board had retained Russell Reynolds Associates, a nationally known executive recruitment firm, to assist the board in its search for the replacement of Joe Solmonese.

Solmonese has held the post of president and CEO of HRC and the HRC Foundation since 2005. He announced in August that he would step down from his position when his current contract expires on March 30, 2012.

“The entire HRC board understands the importance of this search to our community, to our continued progress as a movement and to our organization,” said HRC Board Co-Chair Rebecca Tillet.

“That’s why we will run a process that is inclusive and respects the importance of diversity in the candidate pool,” said Andy Linsky, co-chair of the board of the HRC Foundation, HRC’s research and educational arm.

Since Solmonese announced he was stepping down, LGBT activists have been debating HRC’s role in the movement its effectiveness during Solmonese’s tenure.

In an informal survey of LGBT activists in Washington and across the country over the past week, the Blade has found that most believe HRC has done a good job of advocating for LGBT equality on the federal and state level. Leaders of at least seven state and local LGBT organizations said HRC worked cooperatively with their respective groups on joint projects.

Others, including two nationally recognized transgender rights advocates, expressed concern that HRC – as well as other national LGBT organizations – have devoted too much of their time and resources to same-sex marriage efforts at the expense of pushing for non-discrimination laws on the federal, state and local levels. Those expressing this position say non-discrimination laws would have a beneficial impact on far more LGBT people than laws seeking to legalize same-sex marriage.

While they don’t object to spending resources on marriage equality, those expressing this view say HRC and other national LGBT groups are devoting far too little attention to non-discrimination measures, including the Employment Non-Discrimination Act or ENDA, a bill pending in Congress that would ban employment discrimination based on sexual orientation and gender identity.

“I hope the HRC board of directors thinks about this,” said Mara Keisling, executive director of the National Center for Transgender Equality. “They do some very great things. But they are moving in the direction of marriage being their primary focus,” she said.

Keisling’s view was echoed by Maryland transgender advocate Dana Beyer, a former HRC board member, who said HRC appears to be evolving into a “marriage all the time” organization.

HRC officials have said it is devoting its resources to a wide range of programs and projects in addition to marriage equality. They say many of the projects are aimed at changing the minds of voters and lawmakers in an effort to line up the small number of additional votes in the U.S. House and Senate needed to pass ENDA.

Rep. Barney Frank (D-Mass.), the gay lawmaker and lead sponsor of ENDA in the House, has said the bill has no chance of passing until Democrats regain control of the House. Frank says Republican House leaders won’t allow the bill to come up for a vote, even though a sizable number of House Republicans are expected to vote for ENDA.

HRC supporters acknowledge that many in the LGBT community have questioned HRC’s capabilities and effectiveness, often fueled by HRC critics who say the group hasn’t been able to secure passage of ENDA. Some critics say HRC should have done more 2009 and 2010, when Democrats controlled the House and Senate with a Democratic president in the White House.

Arlington, Va., gay activist Bob Mialovich, an HRC member and contributor who retired recently as a federal government official, called such criticism unfair.

“I can understand peoples’ frustration, but the reality is we don’t have a majority of support in Congress to pass the bills we need to pass,” he said. “If you are not directly involved, you may not be aware of what HRC is doing. What I know is they are doing a lot.”

HRC spokesperson Fred Sainz has said HRC played a key role, along with other gay advocacy groups, in lobbying for passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which authorizes the federal government to prosecute hate crimes targeting LGBT people. Sainz also points to the success HRC and its partner groups have had in lobbying for repeal of “Don’t Ask, Don’t Tell.”

He said HRC worked closely with other groups to facilitate the Obama administration’s issuance of a large number of regulatory changes and federal agency rules that ban discrimination against LGBT people in healthcare, housing and other areas.

In addition to lobbying Congress, the White House and state and local governments on LGBT supportive bills and policies, and its election-related work on behalf of LGBT supportive candidates, HRC supporters point to a wide range of projects carried out by the HRC Foundation. Among them is the HRC Corporate Equality Index, which rates the nation’s Fortune 500 companies on whether their internal personnel policies ban discrimination based on sexual orientation and gender identity.

In its latest criteria for companies to obtain HRC’s highest rating in the Corporate Equality Index, the group raised the bar by calling for companies to include gender reassignment surgery for transgender employees in the companies’ health insurance plans. A large number of them have agreed to do so.

Other projects include a Healthcare Equality Index, which rates hospitals and other healthcare facilities on their treatment of LGBT people; a Welcoming Schools Program, that pushes for anti-bullying and other LGBT-supportive school policies; an All Children-All Families project that trains and sensitizes adoption agencies on LGBT families; and a Religion and Faith Program, which encourages LGBT-supportive clergy to speak out on LGBT issues, including same-sex marriage efforts.

Another program trains LGBT students enrolled in the nation’s historically black colleges to become student leaders in an effort to advance LGBT equality on their campuses.

HRC supporters also point to the group’s aggressive press and communications operation, which responds quickly and on a 24-hour basis to breaking developments by providing the media with statements and information on a wide range of issues, including responses to anti-LGBT groups or public officials.

The group’s 990 IRS finance report for 2010, the most recent one filed, shows that HRC and the HRC Foundation had a combined income of $39.8 million for the fiscal year running from April 1, 2010 to March 31, 2011.

With a staff of 150 full-time employees, the group’s revenue of close to $40 million makes HRC the largest national LGBT advocacy group. The group also owns its own office building in downtown Washington, an investment HRC officials and supporters have said helps the group advance its mission.

The building, among other things, houses a community event space that HRC calls the Equality Center, which often is used by local D.C. area LGBT organizations. The building includes a multimedia production facility. HRC says the building also generates income through the renting of surplus office space to outside groups and firms. The D.C. Office of Tax and Revenue has assessed the value of the building for 2012 at $16.6 million, an increase from its 2011 assessed value of $14.4 million.

‘Surplus of ill will’

Despite its income and broad range of programs, some critics say HRC has worked at cross purposes with other national and state LGBT organizations. In a development that created a stir among some activists, veteran gay rights advocate Matt Foreman, the former executive director of the National Gay and Lesbian Task Force and former head of New York’s statewide LGBT group Empire State Pride Agenda, wrote a strongly worded critique of HRC that was published last month in two widely read LGBT blogs.

“The reality is that we are two separate movements: the Human Rights Campaign and everyone else,” Foreman wrote. He said that while HRC and its leaders and staff have accomplished many important things, “the cause of LGBT equality has suffered because of a deficit of trust and a surplus of ill will between HRC and the rest of the movement.”

Foreman did not respond to a call from the Blade seeking to discuss further his criticism of HRC.

Leaders of statewide LGBT advocacy groups contacted by the Blade in California, Illinois, Texas, Georgia, Florida, Pennsylvania and D.C. each said they have an amicable working relationship with HRC. Although they declined to comment directly on Foreman’s views about HRC, the officials said it was not uncommon for LGBT advocates to disagree over strategy and tactics but that the groups they work with – including HRC – have always worked through the disagreements.

Rebecca Isaacs, the recently named executive director of the Equality Federation, a national group that represents LGBT advocacy organizations in the states, has been involved in LGBT movement groups on the national level since the 1980s, including her role as political director for the National Gay and Lesbian Task Force.

“HRC is part of the world of people with expertise on a lot of things,” Isaacs said, adding that Equality Federation is working with HRC on a number important issues occurring in the states. “We are dealing with 50 states, each with different people doing different things. My question is who wants to help? I’m not in any camp.”

Bil Browning, publisher of the Bilerico Project, an LGBT blog that published Foreman’s commentary criticizing HRC, said he was among HRC’s strongest critics in past years. But he said he has seen what he considers a major change for the better by HRC under Solmonese’s leadership.

Among other things, Browning said Solmonese greatly improved HRC’s relations with state LGBT organizations and significantly boosted HRC support for state and local initiatives. He said he saw this first hand as one of the leaders of the state LGBT group in Indiana, where Browning lived before moving to D.C.

According to Browning, HRC provided him with important support when he coordinated a successful effort to pass a non-discrimination ordinance in Indianapolis that includes protections for LGBT people.

“And as Indiana was fighting its marriage amendment battle, who was one of the first groups to stand up and say do you need cash, do you need polling, what do you need? It was HRC,” Browning said.

“I have to admit that for all my quibbles with HRC and some of the various stuff that they’ve done over the years, LGBT rights wouldn’t be as far as it is in Indiana without them,” he said.

Veteran gay Democratic activist Peter Rosenstein of D.C. was among some activists who viewed Foreman’s criticism as reflecting disagreements within the LGBT movement over tactics and strategy.

“While I agree with some of what Matt Foreman writes I think he needs to take some personal responsibility for the movement not being in sync,” said Rosenstein. “As he says, he had the opportunity to lead a national organization and it sounds like he still wants all things his way. I have often criticized HRC and I agree they should be more open and work more closely with the larger LGBT community. My hope is that they first do a truly open and wide ranging search for a replacement for Joe Solmonese.”

Longtime D.C. gay and Ward 8 community activist Phil Pannell, who has advocated for LGBT support within the city’s African-American community, said he’s been an HRC member for many years and thinks HRC does good work on the local and national level.

“I have seen HRC reach out the black community,” he said.

Rick Rosendall, vice president of the Gay and Lesbian Activists Alliance of Washington, D.C., said he is troubled over what he called “internecine sniping” over HRC in the LGBT movement.

“The reality is that all LGBT activists and donors do not share the same goals, priorities and approaches.” He said GLAA and HRC “haven’t always seen eye to eye, but we have had a mutually respectful and productive relationship for many years.”

He added, “HRC does a lot of useful things, but if someone doesn’t like them, there are plenty of other groups to support…. HRC has a large and loyal donor base, and its headquarters is not going to crumble because of one more harsh op-ed. Any movement as diverse as ours is inherently messy. Deal with it, folks.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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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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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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