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LGBT contingent to join weekend immigration rally

Proponents of comprehensive immigration reform legislation are planning to rally this weekend

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Proponents of comprehensive immigration reform legislation are planning to rally this weekend in support of the bill — and drum up support for a proposed component that would help same-sex couples.

Tens of thousands of demonstrators — perhaps even up to 100,000 — are expected to gather Sunday at 2 p.m. on the National Mall to call for passing immigration reform this year. Reform Immigration for America, a coalition of immigration reform organizations, is staging the event.

Within this larger protest, a contingent of about 200 protesters is set to advocate for LGBT inclusion in immigration reform, and in particular, a provision to help same-sex bi-national couples.

Because same-sex couples don’t have federal marriage rights that are available to straight couples, LGBT people in same-sex relationships with a foreign national cannot marry their partner to allow them to stay in the U.S.

Under current immigration law, an estimated 36,000 same-sex bi-national couples are kept apart or are in danger of separation. Standalone legislation in Congress known as the Uniting American Families Act would allow LGBT people to sponsor their partners for permanent residency.

Advocates of UAFA are trying to include the legislation as a provision in comprehensive reform — and are taking part in the rally to ensure their presence is visible within the larger immigration movement.

Steve Ralls, spokesperson for Immigration Equality, a group advocating for UAFA, said the rally will be “a visible reminder” to Congress and the Obama administration on keeping their pledge to tackle immigration reform in 2010.

“In fact, I would say that it has already been effective,” Ralls said. “The president last week called key senators to the White House and began holding meetings about how to address this issue, and I have no doubt that the march on the Mall helped to spur those meetings along.”

Among those participating in the rally is Laurie Larson, a 56-year-old Arlington, Va., resident, who’s marching on behalf of two friends who were torn apart.

Joe and Steve, former D.C. residents, lived in the District for 10 years together until Joe was laid off from his position as a structural engineer in 2009. Joe and Steve asked to be identified only by their first names. Because of the nature of his visa, Joe was able to stay in the United States for only six months after he lost his job. The couple is now separated, but planning a move to Canada so they can stay together.

Larson, who’s straight, said she’s taking part in the rally — after having participated in a LGBT rally for immigration reform in October — because she thinks the situation is “totally ludicrous.”

“It’s incumbent upon us to keep the issue in front of people,” she said. “We’ll continue to keep the issue in front of Congress and our representatives and the public at large. To me, it’s really one of the last civil rights issues of the 21st century.”

Also participating in the rally is Emmanuel Garcia, the Chicago-based host of “Homofrecuencia,” the only Spanish language LGBT radio show in the United States. He’s bringing about 100 LGBT people on a bus to participate in the D.C. protest.

For Garcia, who’s gay, participating in the march is not just about drawing attention to UAFA, but showing that LGBT immigrants are among those who are part of the immigration movement.

“We’re focused on a more complex conversation on immigration reform,” he said. “We also understand that there are a lot of LGBTs who would benefit from immigration reform under this bill without the Uniting American Families Act included.”

Garcia said passage of immigration reform would allow LGBT immigrants — even without the passage of UAFA — to remain in the U.S. if they don’t have a partner to sponsor them for residency.

“We have people who have come out as gay, lesbian and bisexual who are also coming out as undocumented,” he said. “Some of those stories relate to both experiences — what it’s like to come out as LGBT, what it’s like to come out in a society that doesn’t accept that doesn’t want to give a certain group rights because they don’t feel they deserve them.”

As advocates come to rally on the National Mall, Sens. Chuck Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) are developing comprehensive immigration reform legislation in the U.S. Senate. Earlier this month, both senators met with Obama at the White House to discuss moving forward with the legislation.

But whether these senators will include UAFA in their legislation is unknown. Neither Schumer nor Graham’s office responded to DC Agenda’s requests to comment on the inclusion of UAFA in their bill.

Still, Ralls said he’s “optimistic” that the comprehensive legislation will include a provision for bi-national same-sex couples.

Ralls said Schumer noted during congressional testimony last year that he thought it was appropriate for immigration reform to include a UAFA-like provision. Ralls also noted that Sen. Patrick Leahy (D-Vt.), chair of the Senate Judiciary Committee, is the sponsor for the standalone version of UAFA in the Senate.

“Our hope and expectation is that with two champions as strong and influential as that, that we have a very good shot of being included,” Ralls said.

It’s also unclear when Schumer and Graham will make their bill public — and when they do, if enough time remains in the legislative calendar to pass immigration reform this year. With limited time remaining before lawmakers break to campaign for mid-term elections, other major issues such as financial reform and climate change legislation could take precedence over immigration.

Ralls said he hopes the senators will introduce their legislation sometime this spring and noted that Schumer has “remained steadfast in his desire to introduce the legislation just as soon as we can.”

Asked whether enough time remains this year for Congress to take on immigration reform, Ralls replied, “The short answer is I hope so.”

“I know that Sen. Schumer is working very hard to build the coalitions in the Senate and to bring people together to make that happen,” he said.

Despite advocates’ push for including a provision for UAFA as part of comprehensive immigration reform, a number of uncertainties and obstacles are in the way. One issue is whether Graham, who has a conservative voting record, would be open to including UAFA. The Human Rights Campaign gave him a score of 0 out of 100 on its most recent congressional scorecard.

But Ralls said he hopes Republicans such as Graham would allow for the inclusion of UAFA in the comprehensive reform because such a provision would strengthen families in the U.S.

“Republican lawmakers are going to take a strong stand in favor of family unification as a priority in the comprehensive bill,” Ralls said. “Lesbian and gay families are a natural fit for family unification issues.”

Ralls added that if Schumer and Graham can work together to create a bill that boasts bipartisan support for other issues — such as creating a path to citizenship for immigrants — UAFA “will not be a make-or-break situation.”

Another uncertainly is the degree to which the White House would support passing UAFA as part of comprehensive reform, particularly if administration officials believe including the provision would complicate passage of the larger bill.

The White House has expressed support for both UAFA and comprehensive immigration reform as individual items, but hasn’t endorsed passing them together as one larger package.

In response to a query on whether Obama would support passing UAFA this year as part of immigration reform, Shin Inouye, a White House spokesperson, said in a statement the president’s “commitment to fixing our broken immigration system remains unwavering, and he continues to hope for bipartisan leadership on legislation.”

“He has told members of both parties that if they can fashion a plan, he is eager to work with them to get it done and he has assigned Secretary [of Homeland Security Janet] Napolitano to work with stakeholders on that effort,” Inouye said.

Ralls said he thinks it would be “logical” for the White House to endorse UAFA as part of comprehensive reform if the administration favors passage of both legislative items.

“My belief is that they would like to see UAFA passed and that they are committed to comprehensive reform — and it just seems logical to me that the two go well together,” Ralls said. “If we’re going to have a comprehensive bill, it should be truly comprehensive and include lesbian and gay immigrants, too.”

But opposition from the Catholic Church — a strong voice for the Hispanic community seeking immigration reform — could be an obstacle. Last year, the U.S. Conference of Catholic Bishops came out against UAFA and said they couldn’t support immigration reform if a provision for LGBT couples were included in the larger legislation.

Ralls said the Conference of Catholic Bishops is “a sole minority voice,” though, among religious groups that have stated positions on the legislation. He said Methodists, Episcopalians, Unitarians and Jewish groups are among the religious organizations supporting UAFA.

“The list of faith groups who are committed to immigration reform that includes lesbian and gay families is very long and diverse,” Ralls said. “At the end of the day, people of faith should support keeping children with parents and families together and, in my view, it is the Christian thing to do.”

Also lacking among the advocacy groups is unanimity in favor of including UAFA as part of the larger bill.

Reform Immigration for America, an umbrella group for organizations calling for comprehensive reform, hasn’t stated a position on including UAFA in a larger bill. The organization didn’t respond to DC Agenda’s request to comment on its position.

Still, other groups supporting immigration reform have come out in favor of including UAFA in comprehensive reform. The Fair Immigration Movement, a project with the Center for Community Change, endorsed inclusion of UAFA earlier this month.

Marissa Graciosa, director of FIRM, said in a statement that her project supports the inclusion of UAFA to keep couples together.

“There is power in our diversity, but we must honor that diversity,” she said. “And it starts with keeping all families from all backgrounds together. This is why we support the Uniting American Families Act.”

Ralls said Immigration Equality is an active member for Reform Immigration for America and is working to bring organizations within that umbrella group in favor of UAFA inclusion.

In addition to FIRM, Ralls said the Mexican American Legal Defense & Educational Fund has noted the importance of including same-sex couples in immigration reform.

“So there are organizations within the immigration movement — both faith groups and immigrant groups that have been very vocal in their support of our inclusion,” he said.

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U.S. Supreme Court

Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons

SCOTUS could further restrict rights of trans inmates

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The U.S. Supreme Court with an LGBTQ Pride flag flying in front of it. (Washington Blade Photo by Michael Key)

The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.

U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.

The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”

If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.

The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”

American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.

The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.

Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.

The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.

Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.

The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.

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Federal Government

Education Department rolls back protections for LGBTQ students under Title IX

The DoE policy rescinds Biden-era protections

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.

Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”

“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.

Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.

A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”

This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.

Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.

“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.

This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.

In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.

The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.

McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.

In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”

LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.

“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.

“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.

“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.

The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:

“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.

“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”

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National

Dr. Fauci ‘honored to be part of’ LGBTQ history

Equality Forum presents pioneering AIDS researcher with Int’l Role Model Award

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Dr. Anthony Fauci (Washington Blade file photo by Michael Key)

PHILADELPHIA — Dr. Anthony Fauci accepted an award from the Equality Forum on Sunday in which he told the audience that he is honored to be part of the LGBTQ community’s history.

“Over these many decades I have not simply admired the community — I have genuinely enjoyed being part of the conversation with it,” Fauci said. “I’ve enjoyed the arguments, debates, disagreements, the humor, the friendship and above all the extraordinary commitment to alleviate suffering and prevent premature death for persons living with HIV.” 

Fauci continued, “I am grateful to the Equality Forum for this award. I am grateful to the LGBTQ community for allowing me throughout these many years to become part of your struggle and I am deeply honored to be part of your history.”

Fauci traveled to Philadelphia to accept the Equality Forum’s International Role Model Award. Longtime HIV/AIDS activist Peter Staley presented Fauci with the award, recalling the early days in the fight against the disease and that activists in the 1980s frequently clashed with Fauci, director of the National Institute of Allergy and Infectious Diseases at the time. In his remarks, Staley recalled the message on one sign from an ‘80s protest, “Fuck Fauci.” But activists warmed up to Fauci and he ultimately befriended his former gay critics, including Larry Kramer. 

Dr. Anthony Fauci speaks at the Equality Form event on Sunday. (Washington Blade staff photo)

Also at Sunday’s event, the Equality Forum honored Erica Deuso, the first out transgender mayor in Pennsylvania; she was elected mayor of Downington, Pa., and sworn in last January. Ben Garcia, executive director of the American LGBTQ+ Museum in New York presented Deuso with the Frank Kameny Award. 

The event also served as the kickoff of LGBT History Month, which Equality Forum honors by naming 31 LGBT Icons, one per day in October. Visit equalityforum.org for a full list of its more than 600 queer Icons. This year’s honorees include designer Calvin Klein, Rep. Chris Pappas, and President Abe Lincoln. 

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