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Sebelius violated federal law speaking at HRC event: report

White House maintains any infraction was minor and corrected

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Secretary of Health & Human Services Kathleen Sebelius speaks before the AIDS 2012 International Conference

Secretary of Health & Human Services Kathleen Sebelius (Blade file photo by Michael Key)

Secretary of Health & Human Services Kathleen Sebelius violated federal law when she spoke before an LGBT audience about the need to elect Democratic officials at a Human Rights Campaign event, according to a report made public Thursday by the U.S. Office of Special Counsel.

The independent agency concluded Sebelius violated the Hatch Act, which prohibits civil servants from engaging in political activity, on Feb. 25Ā while speaking extemporaneously before an HRC campaign gala in Charlotte, N.C., although the Obama administration maintains any violation was corrected and the infraction was minor.

Sebelius used taxpayer funds to travel to an event in her official capacity, but reportedly veered from her prepared remarks and took a partisan tone, which was found to be inĀ violation the Hatch Act. The report, datedĀ Aug. 23, was delivered to President Obama.

According to the report, Sebelius’ calendar identified the event as official in nature. Online invitations referred to her in her official capacity as ā€œSecretary Kathleen Sebeliusā€ and ā€œSecretary of DHHS Kathleen Sebelius.ā€ A memo given to her suggested if she was asked about her personal views, she reply, ā€œIā€™m here to represent the President and the Obama Administration, not in my personal capacity.ā€

During her speech, Sebelius talked as part of her prepared remarks about the Obama administration’s commitment to LGBT people ā€” hitting on “Don’t Ask, Don’t Tell” repeal, dropping defense of the Defense of Marriage Act in court and what the Affordable Care Act means for LGBT Americans. All of these remarks were consistent with the Hatch Act.

But Sebelius deviated from her prepared remarks, making news in the LGBT press when she called for the defeat of Amendment One in North Carolina ā€” a constitutional ban on same-sex marriage that ultimately passed ā€” about a month before the Obama campaign explicitly came out against the measure.

It’s these unscripted remarks that got Sebelius in trouble. She also advocated for the re-election of President Obama, saying “one of the imperatives is to make sure that we not only come together here in Charlotte to present the nomination to the president, but we make sure that in November he continues to be president for another four years.” She also called for the re-election of a Democratic governor in the state, saying, “itā€™s hugely important to make sure that we re-elect the president and elect a Democratic governor here in North Carolina.”

Following media inquiries about Sebelius’ speech, HHS issued a statement two days after the eventĀ saying the federal government wouldn’t pay for her trip and the department retroactively classified the event as political. HHS sought reimbursementĀ from the Obama campaign and the Democratic National Committee for the costs of her travel. In testimony before OSC, Sebelius reportedly admitted her political remarks were a “mistake” and sheĀ ā€œgot a little caught up in the notion that the gains which had been made would clearly not continue without the presidentā€™s reelection.”

Still, OSC concluded Sebelius violated the law, stating, “These statements were made in Secretary Sebeliusā€™ official capacity and therefore violated the Hatch Actā€™s prohibition against using official authority or influence to affect the results of an election.”

Responding to the report in a letter dated Sept. 7, Sebelius said OSC correctly notes that she acknowledged her political comments were a mistake, but said the agency should have concluded any violation of the Hatch Act was corrected. She also said she’s met with ethics attorneys for a greater understanding of what remarks are permissible in her official capacity.

“If there was a violation of the Hatch Act based on the use of my title, I believe the violation was technical and minor,” Sebelius said. “These are not the type of violations that the Hatch Act was intended to address.”

Darrell Issa, Republican, California, RNC, gay news

Rep. Darrell Issa (R-Calif.) (Washington Blade photo by Michael Key)

The investigation was initiated in March after a request by Rep. Darrell Issa (R-Calif.), chair of the House Government & Oversight Reform Committee.

In a statement, Issa said he appreciated OSC’s “timely and thorough” investigation and is awaiting further action from Obama.

ā€œOSCā€™s report and findings underscore the importance of laws prohibiting mixing official government business with partisan political activity,” Issa said. “OSC has sent its findings to President Obama, who must now decide on appropriate action. The Committee awaits President Obamaā€™s decision. As he decides the appropriate consequences for Secretary Sebelius, the president should consider the important leadership role of Cabinet Secretaries and the example they mustĀ set for the entire Executive Branch.ā€

Eric Schultz, a White House spokesperson, said the issue was corrected even before the OSC report came out and maintained the Obama administration holds officials to the highest level of integrity.

“This error was immediately acknowledged by the Secretary, promptly corrected, and no taxpayer dollars were misused,” Schultz said. “This administration holds itself to the highest ethical standards, which is why President Obama has installed the toughest ethics rules of any Administration in history ā€” beginning on his first day in office when he signed an Executive Order instituting unprecedented reforms.ā€

Sebelius is no stranger to speaking to LGBT crowds to advocate for President Obama. In addition to speaking at the HRC event in Charlotte, Sebelius was at aĀ D.C. fundraiser for LGBT people that both she and Obama attended. Sebelius also addressed members of the LGBT caucus last week at the Democratic National Convention.

The Human Rights Campaign didn’t immediately respond to a request for comment on Sebelius’ apparent violation of federal campaign law at one of its events.

But Republican groups ā€” including a gay conservative organization ā€” took the report as an opportunity to criticize the Obama administration.

Jimmy LaSalvia, executive director of GOProud, took aim at the Obama administration over the revelations in the report. His organization has endorsed Republican presidential nominee Mitt Romney.

“It shouldn’t take congressional action to know that a speech given to a partisan political organization, like HRC, is a political speech,” LaSalvia said. “AllĀ of us taxpayers owe Chairman Issa a debt of gratitude for his vigilance in exposing Hatch Act violations by this administration.”

The Republican National Committee accused the Obama administration more broadly of drawing on federal funds to pay for campaign expenses. Republicans have previously criticized President Obama for traveling on government funds to events that are ostensibly for official business, but are located in swing states in the presidential election.

“The Obama administration promised to change Washington but time and again we have seen questionable activity from the administration using taxpayer dollars,” RNC spokesperson Kirsten Kukowski said. “In fact, the questions about Secretary Sebelius pale in comparison to the White Houseā€™s blatant use of taxpayer dollars for campaign purposes.”

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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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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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