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Grenell says both parties play politics with gay equality

Former Romney staffer ‘humbled’ by support after stepping down

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Richard Grenell, gay news, Washington Blade

Richard Grenell (Photo courtesy of Grenell)

Richard Grenell, the gay man who resigned from Mitt Romney’s campaign after intense criticism of his hiring from the left and right, said his stepping down should not be seen as a sign that a Romney administration would be hostile to gays.

“I would caution you not to jump to any conclusions about what this means for hiring gays in a Romney administration,” Grenell said in an interview with the Washington Blade. “You can’t compare campaigns to governing.”

Noting that he did not want to speak for the campaign, Grenell said he was overwhelmed and humbled by messages of support he received from Republicans during the flap. He sees the reaction to his resignation as a sign that the Republican Party is gradually moving in the right direction on gay rights.

“I received an overwhelming number of private emails, texts and calls from Republicans sending their support,” Grenell said. “The private support was overwhelming and humbling; the public support wasn’t. … It’s frustrating but also encouraging at the same time because I’ve been involved in the party long enough to remember when the private support wasn’t there.”

He noted that no elected Republican in Washington spoke out against his joining the Romney campaign.

Grenell was hired by the Romney campaign in April as foreign policy spokesperson after informally advising the foreign policy team for about six months. He said his sexual orientation was never an issue during the interview process.

“Everyone I’ve been working with knows I’m gay and knew my partner,” he said. “I’m very out; it’s not something I ever hide. I don’t have the ability to not be myself and talk about my life with my partner.”

Former United Nations Ambassador John Bolton is among the Romney advisers who Grenell said were supportive. Grenell worked in the George W. Bush administration as United States spokesman at the U.N.

“There’s not a Republican who doesn’t know I’m gay,” he added. “The [Romney] campaign was unequivocally supportive and said that doesn’t matter to us or to the governor and that we hire according to experience and qualifications.”

But that support didn’t extend to the right wing of the Republican Party. Shortly after Grenell’s appointment, Christian conservatives pounced, criticizing Romney and suggesting that his hiring an openly gay man constituted an attack on families.

Bryan Fischer, of the American Family Association, Tweeted, “If personnel is policy, his message to the pro-family community: drop dead.” Later, Matthew Franck wrote in the National Journal, “Whatever fine record he compiled in the Bush administration, Grenell is more passionate about same-sex marriage than anything else.”

Further, Franck suggested that Grenell — who supports marriage equality — would jump ship and support President Obama if Obama endorsed same-sex marriage during his acceptance speech at the Democratic National Convention. Obama, of course, has since endorsed marriage equality.

“I’m not endorsing Obama,” Grenell said. “Both Democrats and Republicans are guilty of playing politics with gay equality.”

Grenell echoed the sentiment expressed by many gay conservatives that they sometimes feel unwelcome by elements in the Republican Party and equally unwelcome in the LGBT community.

“The claim that gays should be barred from conservative activism is a bipartisan bigoted view,” he said. “The far left doesn’t want a gay to be conservative; the far right doesn’t want a conservative to be gay. I don’t have the luxury of being a one-issue voter. I’m more thoughtful and complex than that. I am comfortably gay and conservative.”

The criticism of Grenell’s hiring didn’t come exclusively from conservatives. Bloggers and commentators on the left denounced Grenell, too, mostly over Tweets he sent that were deemed misogynistic and even homophobic.

One Tweet, in particular, sparked outrage among LGBT critics. Grenell wrote, “rachel maddow needs to take a breath and put on a necklace.”

Richard Grenell, gay news, Washington Blade

Richard Grenell (Photo courtesy of Grenell)

Michelangelo Signorile, who hosts an LGBT-themed talk show on SiriusXM radio, wrote, “It was the kind of crack many people would expect from a homophobic straight guy.”

“I’m not a mean-spirited person,” Grenell said of the Twitter controversy. “I attempted to be funny and I wasn’t and I see how very hurtful that could be. I apologized immediately for that.”

Grenell said he regrets some of the Tweets and acknowledged that he deleted hundreds of Tweets after the criticism.

“The fact is when I was confronted by some on the left that I had inappropriate Tweets, I reviewed those Tweets and in reviewing the roughly seven Tweets that people pointed out, there were some I couldn’t find so I deleted everything before January 2012.”

He added that the impression he deleted hundreds of misogynistic Tweets was “ridiculous, I love strong women.” In addition to Maddow, Grenell targeted Hillary Clinton and Callista Gingrich in some Tweets. The angry reaction to his Twitter feed amounted to an attack from the Obama campaign, Grenell said.

“It’s the classic Obama playbook,” he said. “Republicans are either racist, homophobic or misogynistic. I’m not a hurtful person.”

The Tweets, he said, were never discussed internally at the Romney campaign.

Perhaps the last straw for Grenell came in late April, when he helped organize a conference call with reporters to discuss national security issues. As the New York Times reported last month, Grenell was told by a senior Romney aide not to speak on the call because the campaign wanted him to “lay low for now.”

The Times story depicted Grenell as “seething” over the slight. When asked about the Times story, Grenell did not dispute the account but declined to comment further.

Days later, Grenell announced his resignation from the Romney campaign. Senior campaign staffers tried to talk him out of leaving. Aides to Romney were convinced the controversy would blow over, the Times reported. But Grenell quit anyway. He said he was frustrated that the media and his critics were focused on his “personal life” and not on the important foreign policy issues he wanted to discuss.

“I care very deeply about national security issues and it became increasingly clear that I wasn’t going to be talking about national security,” Grenell told the Blade. “The far left and far right wanted to talk about my personal life and my stance on gay marriage.

“For someone who’s hired to talk about the president’s failed policies on Iran and North Korea, that’s frustrating,” he continued in explaining his decision to resign. “These are my issues — foreign policy and that’s what I spend my time with. It’s ironic, too, because I served eight years in a high-profile position in the Bush administration, comfortably out, but national campaigns are hyper-partisan operations.”

The Romney campaign has declined Blade requests for comment and interview requests throughout the primary season. The campaign issued a statement to reporters in response to Grenell’s resignation.

“We are disappointed that Ric decided to resign from the campaign for his own personal reasons,” said Matt Rhoades, Romney’s campaign manager, in a statement. “We wanted him to stay because he had superior qualifications for the position he was hired to fill.”

Grenell declined to say what the campaign could have done differently that might have encouraged him to stay on.

“Campaigns are not the real world,” he noted. “They have hyper-partisan activists on both sides shooting to kill. It’s not governing. The evidence shows Obama was an amazing campaigner and a terrible governor.”

Asked about Romney’s record on LGBT issues, which includes signing a pledge from the anti-gay National Organization for Marriage that says he would support a federal constitutional amendment banning same-sex marriage, Grenell urged both Democrats and Republicans to view gay rights as a civil rights issue.

“I wish that Gov. Romney would not view gay equality as a partisan issue,” he said, “it’s a civil rights issue.”

He continued, “The Democratic strategy is to point out extremists in my party and play politics with the issue. I recognize the historic nature of Obama’s personal stance on gay marriage. What I don’t hear from Democratic partisans is a critique on the fact that he hasn’t changed his policies.”

Asked to elaborate, he said that Obama supports the right of states to decide marriage for themselves, something Grenell opposes.

“We gay conservatives are fighting within our party on a daily basis and critique our own party,” he said. “I don’t see that critique on the Democratic side. The extreme lefties are just as intolerant as the far right.”

He went on to criticize Obama for the timing of his marriage announcement — just after a vote to add a ban on marriage and civil unions to the North Carolina Constitution.

“The president waited until after the North Carolina vote to talk about his personal stance and his policy stance is that North Carolina gets to be hateful — that’s his policy stance. Obama, [Nancy] Pelosi, Romney, [Speaker John] Boehner should recognize that this is a civil rights issue and asking other citizens to vote on someone else’s equality is wrong.”

Obama criticized the North Carolina amendment effort prior to the vote and has said he opposes similar efforts to “take away rights” in other states. His administration has also declared that the Defense of Marriage Act is unconstitutional and the Justice Department is no longer defending the statute in court.

But Grenell said Democrats have failed to confront anti-gay voices in the party. “Prop 8 proves that Democrats have work to do too,” he said.

In a wide-ranging, nearly two-hour interview, Grenell spoke passionately about his hope that both parties would stop viewing gay rights as a partisan issue and instead as a civil rights issue. He also spoke about the need to confront religion-based objections to equality.

“We can learn a lot from North Carolina and California in that gay equality issues should not be a political issue,” he said. “It’s clear the Democrats have a lot of work to do and I would suggest that all gay leaders in Washington concentrate on religious leaders and other groups that have the ability to support civil rights issues.”

Grenell was raised an evangelical Christian and his brother is a minster. He attended an evangelical undergraduate school. Despite the attacks from Christian conservatives, he said he received private support from religious activists and asserted there’s “clearly an opening” to engage with conservative Christians.

Asked about a recent Washington Post story that Romney participated in an assault on a gay student while in high school and forcibly cut the boy’s long hair, Grenell assailed the mainstream media.

“That report was more hyper-partisan campaign mudslinging,” he said. “It shouldn’t be an issue — it was a Washington Post partisan hit job. … The credibility of Washington journalism has imploded. When you get out of Washington, the majority of people don’t buy what you’re selling. That’s why mainstream media print journalism has imploded; they created this problem by pretending to be unbiased reporters and being partisan activists.”

His critique of the mainstream media extends to gay writers. In March, Grenell wrote an op-ed published in the Washington Blade criticizing gay Washington Post writer Jonathan Capehart for failing to challenge Obama on marriage while attending a White House state dinner. Capehart responded, suggesting that Grenell was hypocritical for taking the Romney job because Romney opposes marriage equality.

“I have nothing against Jonathan,” Grenell said this week. “He’s a reporter who’s in the tank for Obama. We all have a role to play and if you’re going to take a reporter’s role then you should act like a reporter.”

“What Ric repeatedly fails to understand is that I am a reporter with the privilege of being required to have an opinion and to express it,” Capehart told the Blade this week. “And in my opinion, Ric cannot accept that President Obama has something that Gov. Romney does not: a strong record on LGBT equality.”

Grenell urged the Log Cabin Republicans to endorse Romney, though he noted that he is not active in the organization. Log Cabin hasn’t yet said whether it will issue an endorsement in the race. In 2004, the group declined to endorse Bush’s re-election over his support for the Federal Marriage Amendment, something that Romney has also endorsed.

On foreign policy, Grenell’s favored topic, he sees a role for the United States to play in advancing LGBT rights abroad and offered praise for Hillary Clinton’s recent speech on LGBT rights in Geneva.

“Absolutely the United States should use its influence to advance rights and freedoms,” he said. Among those rights, he cited access to the Internet, the ability to freely assemble and the ability to be openly gay. “These issues cannot be separated. I think the U.S. should always stand as a beacon of hope for those who are seeking greater democracy and freedom.”

Grenell described Clinton’s Geneva speech — in which she famously said “gay rights are human rights” — as “a great speech for human rights. As much as I can critique Condi Rice’s foreign policy limitations, I have to recognize that she, too, pushed the State Department to accept gays and lesbians more. She was very forward leaning. Hillary built on some of what Condi was doing and has raised the bar even further.”

But that’s where the praise ends for the Obama administration. Grenell fears that Obama doesn’t understand foreign policy and cites as evidence the U.S. policy in Syria and Iran. Grenell faults the administration for not taking a more aggressive approach to Iran at the United Nations and for sending an ambassador to Syria, something Bush resisted.

“There’s no strategy, it’s trial and error diplomacy,” he said. “The Syria policy is to look the other way; the Russians are controlling the policy.”

Asked whether Obama deserves credit for combating terrorism and authorizing the operation that killed Osama bin Laden, Grenell said Obama’s performance on these issues reflects a dramatic change from his posture during the campaign.

“There are three or four terror issues where candidate Obama didn’t know what he was talking about and when he got in the White House, he realized how wrong he was.”

The Obama campaign declined to comment on Grenell’s criticisms.

Grenell, 45, works with an L.A.-based public affairs firm, Capitol Media Partners, on international public affairs consulting projects. He lives in Los Angeles with his partner of nearly 10 years, Matthew Lashey, an executive in the media and entertainment industry.

“We’d like the right to marry but don’t live in a state where that’s an option,” he said. “I think it’s important to have the option be a legitimate federal option where you get all the rights and responsibilities that come with marriage.”

 

 

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Federal Government

4th Circuit rules gender identity is a protected characteristic

Ruling a response to N.C., W.Va. legal challenges

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Lewis F. Powell Jr. Courthouse in Richmond, Va. (Photo courtesy of the U.S. Courts/GSA)

BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.

Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.

In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.

The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.

In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.

Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.

Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.

See this portion of the court analysis here:

4th Circuit rules against legal argument that trans treatment bans do not discriminate against trans people because ‘they apply to everyone.’

Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.

Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.

The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.

Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.

The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:

The 4th Circuit majority rebuts the state’s proxy discrimination argument.

Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”

Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.

Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.

The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.

Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.

The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.

The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.

Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.

Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.” 

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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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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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