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After action on immigration, will Obama move to protect LGBT workers?

White House says no executive order ‘at this time’

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President Obama’s action last week protecting many young, undocumented immigrants from deportation has won praise in progressive circles ā€” including among LGBT advocates ā€” but Ā the move raises a question: Can the LGBT community now expect that the previously denied administrative actions they’ve been seeking will come to fruition?

On Friday, the Obama administration announced that an estimated 800,000 young undocumented immigrants who were brought into the United States will be considered for relief from removal from the country if they meet certain criteria. Among the criteria is whether the person in question has a college education or has served in the Ā military. Those criteria would have protected such immigrants from deportation had Congress passed the DREAM Act.

During remarks in the White House Rose Garden, Obama announced the policy change and said it was a means to keep talented people in the United States.

“As I said in my speech on the economy yesterday, it makes no sense to expel talented young people, who, for all intents and purposes, are Americans ā€” theyā€™ve been raised as Americans; understand themselves to be part of this country ā€” to expel these young people who want to staff our labs, or start new businesses, or defend our country simply because of the actions of their parents ā€” or because of the inaction of politicians,” Obama said.

Excitement among immigration rights advocates ensued and hundreds of young people swarmed the White House to rally in support of the president’s action. And this praise was echoed by LGBT rights advocates.

Rea Carey, executive director of the National Gay & Lesbian Task Force, was among those who praised the move.

“We applaud the Obama administration for taking this monumental and inspiring step,” Carey said. “It shows true leadership. It is heartening to know that hundreds of thousands of young people will no longer have to live in daily fear of being forced out of the country, away from the life and dreams they have built.”

But the policy change marks a turnabout for the administration, which had previously stated it wanted legislative action on the DREAM Act as opposed to pursuing executive action.

In September remarks before the Congressional Hispanic Caucus Institute’s annual gala, Obama talked about wanting Congress to take action on the DREAM Act

“I wish I had a magic wand and could make this all happen on my own,” Obama said. “There are times where ā€” until Nancy Pelosi is speaker again ā€” I’d like to work my way around Congress. But the fact is, even as we work towards a day when I can sign an immigration bill, weā€™ve got laws on the books that have to be upheld.”

To be fair, Obama didn’t completely rule out executive action on the DREAM Act at the gala. Saying “how we enforce those laws is also important,” the president notedĀ the Department of Homeland Security is taking common-sense steps for immigration enforcement.

But the remarks should ring a bell. They’re along the lines of similar talking points that administration officials have expressed in regard to actions sought by the LGBT community.Ā Now that the administration has taken action to help young, undocumented immigrants, will it reconsider its position on those other actions?

Perhaps the most high-profile outstanding request of the administration is an executive order requiring contractors doing business with the federal government to have employment non-discrimination policies inclusive of sexual orientation and gender identity. In April, the White House announced it wouldn’t take such action at this time and was opting instead for a legislative solution.

Felipe Matos, GetEQUAL’s national field director and a gay, undocumented immigrant, said last week following the announcement that he’s happy with Obama’s action, but wants to see more efforts on employment non-discrimination.

“I’m still reeling from the news and overjoyed by the announcement ā€” but my heart has just enough room in it for another executive order,” Matos said. “It’s my hope that President Obama will make today especially historic by signing another executive order ā€” one that will guarantee that I have the right to work freely and openly as an immigrant, but also as a gay American.”

Questions about why Obama chose to take administrative action on the immigration issue and not on the issue of LGBT workplace discrimination were asked even in Republican circles.

Richard Grenell, who’s gay and was briefly a foreign policy spokesperson for the Romney campaign, criticized Obama following the immigration announcement ā€” reiterating a previously stated belief that Obama is playing politics with the LGBT community.

ā€œPresident Obama obviously made a calculated political move to NOT give an executive order for ENDA,” Grenell said in an email to the Blade. “It’s painfully evident that the president doesn’t think gays are equal, he just thinks they are his solid and sure voting bloc and will treat us in raw political terms. Both parties, sadly, play politics with an issue that is about equality.”

For his part, Romney is facing his own political problems as a result of the DREAM Act administrative action. While taking a hard line on immigration during the Republican primary and saying he’d veto the DREAM Act, Romney has refused to say following Obama’s move whether he’d undo the action if elected president.

Despite these calls, the administration hasn’t changed its line on LGBT employment non-discrimination policy in the wake of the immigration policy.

Shin Inouye, a White House spokesperson, said nothing has changed in the administration’s position, reiterating that the directive won’t happen “at this time.”

“As has been previously stated, while it is not our usual practice to discuss executive orders that may or may not be under consideration, an order on LGBT non-discrimination for federal contractors will not be issued at this time,” Inouye said.

Another request of the administration is meant to protect bi-national same-sex couples from separation. Straight Americans can marry their foreign spouses to protect from deportations, but the same option isn’t available to gay Americans because of DOMA.

LGBT immigration rights groups have been asking the Department of Homeland Security to hold in abeyance the marriage-based green card applications for foreign nationals in same-sex relationships. The administration has said consistently in response to requests for this action that it plans to continue to enforce DOMA while it’s on the books.

Rachel Tiven, executive director of Immigration Equality, called the immigration announcement “great news for our country” and said it would protect gay foreign nationals in same-sex couples if they qualify for relief under the DREAM Act. Still, she called for additional action.

“No person should face forcible separation from their families, regardless of their age,” Tiven said. “That is why the White House should follow todayā€™s announcement with a proposal to extend that same relief to immigrants with U.S.-citizen partners and spouses across the board.Ā Keeping families together is good policy, and all families, including those that are LGBT, should have the support of the president in the form of a similar policy.ā€

Lavi Soloway, co-founder of Stop the Deportations, said he celebrates the move but wants additional action from the administration for bi-national couples in the wake of decisions from six federal courts finding DOMA unconstitutional.

“Every day these couples worry that they will be torn apart or forced into exile in order to stay together,” Soloway said. “This administration has said that denying green cards to the spouses of gay and lesbian Americans is a violation of the equal protection guarantee of the U.S. Constitution, but has not taken the steps necessary to mitigate the discriminatory impact of DOMA in this area.”

The actions that Soloway is seeking are: orderingĀ an immediate moratorium on deportations of the foreign partners of gay Americans; providing temporary parole to the partners, spouses and children of gay Americans who are stuck outside the United States so that these families can be reunited; and putting on hold all ā€œgreen cardā€ petitions filed by gay Americans for their spouses.

Peter Boogard, a DHS spokesperson, reiterated that it will continue to enforce DOMA when asked about holding marriage-based green cards in abeyance.

ā€œPursuant to the attorney generalā€™s guidance, the Defense of Marriage Act remains in effect and the executive branch, including the Department of Homeland Security, will continue to enforce it unless and until Congress repeals it, or there a final judicial determination that it is unconstitutional,” Boogard said.

But recent news may be an indication that the Obama administration is changing its tune. In recent weeks,Ā the Board of Immigration Appeals has rejected the denial of green card petitions issued by U.S. Citizenship and Immigration Services in the cases filed by four married, gay couples who live in in Florida, New York, Pennsylvania and Canada.

In all cases, the BIA ordered the USCIS to conduct further inquiry to determine if these marriages are legally valid and whether if not for DOMA, the spouse would qualify for a green card.

In one case, the ruling re-opened removal proceedings for the spouse of a gay American who is facing an outstanding deportation order. According to Soloway, who’s handling the cases, the Board of Immigration Appeals has never before re-opened removal proceedings or remanded green card petitions back to USCIS after denials based solely on DOMA.

The Justice Department didn’t immediately respond to a request for comment.

LGBT advocates say they’ll continue to press forward. Speaking with the Washington Blade earlier this week, Chad Griffin, the new president of the Human Rights Campaign, commended Obama for taking action on immigration and said HRC will push forward when asked about these LGBT-related issues.

“HRC has been supportive of the DREAM Act for a long time,” Griffin said. “The president made an important step recently in the last week in what he announced and we have more to accomplish on some things that HRC will continue to voice our concern on.”

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The White House

Jane Rigby awarded Presidential Medal of Freedom

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NASA astrophysicist Jane Rigby, the senior project scientist for the space agency's James Webb Space Telescope, was awarded the Presidential Medal of Freedom by President Joe Biden on May 3, 2024, at the White House. (Photos courtesy of NASA)

Sitting among a diverse and venerable group of Americans from every walk of life on the dais in the East Room of the White House on May 3 was lesbian and NASA astrophysicist Jane Rigby, awaiting her turn to be honored by President Joe Biden who would bestow the Presidential Medal of Freedom, the nationā€™s highest civilian honor, on her.

Rigby, an astronomer who grew up in Delaware, is the chief scientist of the worldā€™s most powerful telescope who alongside her team operating NASAā€™s James Webb Space Telescope, studies every phase in the history of the universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of the solar system. 

A member of Penn Stateā€™s Class of 2000, Rigby graduated with a bachelorā€™s degrees in physics and astronomy. She also holds a masterā€™s degree and a PhD in astronomy from at the University of Arizona. Her work as the senior project scientist for NASAā€™s Webb Telescope includes studies on how galaxies evolve over cosmic time and she has published more than 140 peer-reviewed scientific papers.

Rigby was named to Nature.comā€™s 2022 list of 10 individuals who shaped science and to the BBCā€™s list of 100 inspiring and influential women in the same year. Rigby had postdoctoral fellowships at Carnegie Observatories in Pasadena, Calif., before landing her job at Goddard Space Flight Center. In 2013 Rigby was awarded the Robert H. Goddard Award for Exceptional Achievement for Science.

A founding member of the American Astronomical Societyā€™s Working Group on LGBTQ Equality in January 2012, now called the Committee for Sexual Orientation and Gender Minorities in Astronomy, Rigby serves as its Board Liaison until her term expires this June.

The lesbian astrophysicist in an interview for SGMAā€™s website spoke about her experiences including coming out:

ā€œIā€™ve been out since 2000. My storyā€™s simple ā€” I fell in love with a fellow grad student in the department. It was a close-knit department, so hiding would have been ludicrous. Nor did I want to hide the best thing in my life! So, we were out as grad students. I certainly heard people say awful homophobic things at work there. They werenā€™t directed at me, and they werenā€™t said by people with power over me. If I recall, I was much less afraid of homophobic discrimination at work, than I was afraid of the two-body problem, and the lack of support we would receive as a same-sex couple in astronomy. That fear turned out to be justified. Iā€™ve seen numerous different-sex couples get a wide range of support in solving the two-body problem, which was never offered to us,ā€ she told the interviewer.

She reflected on American astronaut and physicist Sally Ride, her childhood role model who had an impact on her career:

ā€œOne of my biggest role models when I was young was Dr. Sally Ride. A few years ago, on her deathbed, Dr. Ride chose to write in her obituary that her life partner had been a woman. Dr. Ride was the most influential woman scientist when I was growing up ā€” the person that made me say, ā€œI want to do THAT when I grow up.ā€ It was because of her that I realized that astrophysics was a profession, that physics was a subject girls could study, that NASA needed astrophysicists. So Iā€™m so ā€¦ amused, I suppose, that Sally Ride was this influence on my lifeā€™s path, at a time when I was completely unaware that it was even possible to *be gay* ā€” and at the same time, she was gay, in love, and deeply closeted to keep her job.ā€

The interviewer noted that ā€œfor some women being gay is a cause for concern at the work place. Some say they were unsure about how to turn their sexual orientation into a positive aspect of their work persona.ā€ Then asked Rigby what is your view on this?

ā€œMy experience is that absolutely I am a *better* astronomer because Iā€™m queer. For a few reasons. First, I see things different than my colleagues. On mission work, as we weigh a decision, my first thought is always the community impact: ‘If we do things this way, who benefits, and who gets left out in the cold?’ Will this policy create inclusion, or marginalization? I think about science in terms of community-building. What team do we need to tackle a given science problem, with skills that are different from mine? Absolutely I think that way because Iā€™m an outsider, because Iā€™ve been marginalized. And because community-building is central to LGBTQ culture,ā€ she said.

Married to Dr. Andrea Leistra, Rigby, her wife and their young child reside in Maryland not far from her workplace at the NASA Goddard Space Flight Center in suburban Washington and when not studying the universe is often found on the neighboring Chesapeake Bay wind boarding, a favored pastime.

Also honored in the ceremony Friday were a former U.S. vice president, a civil rights worker and martyr, two former Cabinet secretaries ā€” one a former U.S. secretary of state, a speech writer for the late Dr. Martin Luther King Jr., an Olympian and gold medalist, and one of the most powerful woman political leaders and the speaker emeritus of the U.S. House of Representatives, among others, and LGBTQ advocate Judy Shepard.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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