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BREAKING: Obama endorses SNDA, SSIA anti-bullying bills

Support comes as White House hosts screening of movie “Bully”

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President Barack Obama (Blade file photo by Michael Key)

President Obama has thrown the full weight of his administration behind a pair of bills that would help protect LGBT students against bullying: the Student Non-Discrimination Act and the Safe Schools Improvement Act.

Shin Inouye, a White House spokesperson, confirmed for the Washington Blade on Friday that Obama supports both pieces legislation — bringing him into alignment with a position that many LGBT organizations had sought for some time.

“The president and his administration have taken many steps to address the issue of bullying,” Inouye said. “He is proud to support the Student Non-Discrimination Act, introduced by Senator Franken and Congressman Polis, and the Safe Schools Improvement Act, introduced by Senator Casey and Congresswoman Linda Sanchez. These bills will help ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment.”

Both pieces of legislation address bullying in different ways. SNDA would prohibit and harassment in public elementary and secondary schools based on a student’s actual or perceived LGBT status. SSIA would require schools to adopt anti-bullying codes of conduct and submit to states data to the Department of Education on bullying.

Education Secretary Arne Duncan echoed the sentiments expressed by the White House on the legislation in a statement delivered later in the day.

“Bullying can no longer be seen as a normal rite of passage,” Duncan said. “As a country, we must all work together to take action against bullying and improve the safety climates of our schools and communities. That’s why I support the Student Non-Discrimination Act and the Safe Schools Improvement Act. I would like to thank Sen. Al Franken, Sen. Bob Casey, Rep. Jared Polis and Rep. Linda Sanchez for introducing these bills and for their commitment to putting an end to bullying, discrimination and harassment in our nation’s schools. I also want to thank Rep. Danny Davis for his leadership on this issue to help keep every student safe and learning.”

Obama endorses the legislation as his administration has taken flak from the LGBT community for saying it won’t issue at this time an executive order requiring federal contractors to have non-discrimination policies based on sexual orientation and gender identity.

On the same day the endorsement was announced, the White House was set to host a screening of “Bully,” a 2011 documentary about school bullying that follows the lives of five students who were bullied on a daily basis.

The screening takes place on the “National Day of Silence” on which students take a day-long vow of silence representative of the silencing of LGBT students and their supporters.

On the movie, Inouye said, “Today, the White House Office of Public Engagement is holding a screening of the documentary ‘Bully’ at the White House with bullying prevention advocates from a wide range of communities.”

LGBT groups commended the Obama for expressing explicit support for legislation aimed to help students who face bullying.

Eliza Byard, executive director of the Gay & Lesbian Straight Education Network, called the announcement “a vital show of support” to students across the country “of all identities, backgrounds and beliefs who face bullying and harassment in school.”

“By speaking out on GLSEN’s Day of Silence in support of these two critical bills, the president has given greater hope to students who often feel that they have nowhere to turn,” Byard said. “It is deeply moving to know that lesbian, gay, bisexual and transgender students who face the multiple threats of harassment, violence and discrimination have the president as an ally in their efforts to win all of the protections that they deserve.”

Ian Thompson, the ACLU’s legislative representative, said White House support for SNDA is s “key to getting this necessary legislation passed into law.”

“Our public schools should be a safe harbor for our youth, not a place of exclusion and ridicule,” Thompson said. “By passing the Student Non-Discrimination Act, Congress can have a profound and very real impact in improving the lives of LGBT students. It’s time to make passage of this bill a priority.”

Hayley Gorenberg, deputy legal director of Lambda Legal, said the president’s support represents “a big step toward a safer and healthier environment in every public school.”

“At Lambda Legal, we’ve encountered extraordinary cases of violence and discrimination against LGBT young people in schools – and sometimes against the allies who try to support them,” Gorenberg said. “Gay, lesbian, bisexual and transgender students have long been at a significant disadvantage without specific protection under federal law. All students have a right to a safe learning environment, and this law will leave no doubt as to public schools’ responsibility to provide it.”

The endorsement comes as possible Senate votes on the anti-bullying bills could take place later this year. Education reform legislation known as Elementary & Secondary Education Act reauthorization was reported out of committee without the LGBT-specific anti-bullying provisions. Sens. Al Franken (D-Minn.) and Bob Casey (D-Pa.) have pledged to bring up their bills as amendments when the larger education reform bill reaches the floor.

Praise for Obama came from Franken, who said support from the president would help advance SNDA.

“There’s a lot of talk right now about the need for a law to protect our children from anti-gay bullying and discrimination,” Franken said. “My Student Non-Discrimination Act would protect LGBT children from bullying in the same way that children are already protected from bullying because of their race, gender, disability, and religion. With today’s endorsement from the White House and 37 cosponsors in the Senate, we’re that much closer to getting a law in place that will protect our children.”

Polis, who’s gay, expressed similar gratitude for the president’s support for the House version of the legislation, saying the bill “will help ensure that LBGT students can attend school free of harassment, discrimination and violence.”

“This endorsement is an enormous step forward for equality, but on a human level it is about the right of any student in America to attend school and learn without the fear of being bullied,” Polis said. “I intend to work with President Obama and Senator Franken, who introduced the companion bill, to see that the Student Non-Discrimination Act becomes the law of the land.”

Groups had been calling on Obama to endorse anti-bullying legislation. In a letter dated March 7, a group of 70 organizations — including the Human Rights Campaign, the ACLU, Lambda Legal and the Gay, Lesbian & Straight Education Network — to place the full support of his administration behind SNDA

Administration officials, such as Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, have previously said the administration supports “the goals” of SNDA, but have stopped short of endorsing the bill.

Earlier in the day, Duncan ducked a question on whether the Obama administration was prepared to endorse SNDA.

Under questioning from the Washington Blade during a White House news conference, Duncan declined to say whether the administration was ready to endorse SNDA, but touted the administration’s work on the issue and called for solidarity in confronting student harassment.

“We have to continue to do everything we can to make sure that there is zero tolerance for this,” Duncan said. “I met with one of the young women in the movie this morning with her father. It was very personal for me and for the president because we all have children going to school now.”

Duncan said an “unprecedented level” of work has taken place under the Obama administration on bullying, citing the first-ever White House summit against bullying in March 2011 and what he said was the passage of state anti-bullying laws throughout the country.

“I’ll tell you, some of my toughest meetings have been with parents who have lost their children or committed suicide due to the impact,” Duncan said. “So, we all have to continue to work together.”

Pressed to clarify on whether the Obama administration was prepared to endorse legislation, Duncan didn’t answer and took a question from another reporter.

A transcript of the exchange between Duncan and the Blade follows:

Washington Blade: Mr. Secretary, this afternoon, the White House is going to be screening a viewing of the movie “Bully.” One piece of legislation that would protect LGBT students against bullying is called the Student Non-Discrimination Act, which would prohibit harassment and discrimination against LGBT students in school. Is the administration prepared to endorse that legislation at this time?

Arne Duncan: Well, we have to continue to do everything we can to make sure that there is zero tolerance for this. I met with one of the young women in the movie this morning with her father. It was very personal for me and for the president because we all have children going to school now.

When we have children going to school scared, it’s hard to concentrate on biology and algebra. So, as a country, we have already seen an unprecedented level of support from our administration: the first-ever anti-bullying summit here in the White House. The president talked about his own experiences there.

We’ve seen many states toughen laws to try and protect students from bullying. Until our children are safe and secure at recess, in the morning, after school. It’s not just physical bullying; it’s cyber-bullying, as you know.

I’ll tell you, some of my toughest meetings have been with parents who have lost their children or committed suicide due to the impact. So, we all have to continue to work together.

I think this movie is very hard hitting. It tells the truth. We hope it’ll create a greater awareness around the country. This cannot be a normal rite of passage. We can’t accept it.

Blade: What about the legislation? Are you endorsing the legislation?

NOTE: This post has been updated.

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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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