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Will Obama name LGBT appointees in Cabinet shakeup?

Berry, Hochberg discussed as potential nominees

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Fred Hochberg, Export-Import Bank, Human Rights Campaign, Washington Blade, gay news
Fred Hochberg, Export-Import Bank, Human Rights Campaign, Washington Blade, gay news

Chair of the Export-Import Bank of the United States Fred Hochberg is among the names discussed for a Cabinet-level position. (Washington Blade photo by Michael Key)

As President Obama makes his transition to a second term in office, talk has already begun about building on the excitement from Election Day successes for the LGBT community with additional milestones: the first-ever appointments of an openly LGBT Cabinet member and G-20 ambassador.

LGBT advocates see the planned exodus of many high-ranking officials from the Obama administration at the start of the second term as an opportunity for Obama to replace officials with high-profile LGBT appointments.

Fred Sainz, vice president of communications for the Human Rights Campaign, said Obama has an opportunity “to represent the diversity of our great country” by appointing qualified LGBT people to high public office.

“Our community is rightly interested in the Cabinet and a G-20 ambassadorship,” Sainz said. “This president has been committed to ensuring that his administration is inclusive of all Americans and a second term gives him an opportunity to continue this progress.”

No president has ever appointed an LGBT person to the Cabinet before. Two individuals who already have high-ranking positions in the Obama administration have emerged as potential openly LGBT Cabinet members: John Berry as secretary of the interior and Fred Hochberg as commerce secretary. Berry currently serves as director of the U.S. Office of Personnel Management and Hochberg is chair of the U.S. Export-Import Bank.

Berry has experience that would be relevant to heading a department charged with managing federal parks and natural resources. Most notably, he was head of the National Zoo in D.C. prior to his appointment as OPM director. Under the Clinton administration, Berry was assistant secretary of the interior for policy, management and budget and at the start of the Bush administration was director of the National Fish & Wildlife Foundation.

In addition to being head of the export credit agency for the United States, Hochberg also has a background that would make him a possible candidate for commerce secretary. Under the Clinton administration, Hochberg was deputy administrator of the Small Business Administration and later became the organization’s acting administrator.

An appointment of an openly LGBT person as U.S. ambassador to one of the countries in the G-2o, or countries with the 20 largest economies, would also be historic because no such nomination has happened before. However, three openly gay people have served as U.S. ambassadors. Former President Clinton made the first such appointment in 1997 when he named James Hormel as U.S. ambassador to Luxembourg. Former President George W. Bush named Michael Guest as U.S. ambassador to Romania and President Obama named David Huebner as U.S. ambassador to New Zealand.

Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, said his organization continues to push for LGBT appointments at all levels of the administration as it has done since 2008 through the Presidential Appointments Project, a joint project led by the Victory Fund that serves as a talent bank for LGBT people seeking appointments in the administration.

“That obviously has been a great success,” Dison said. “The Obama administration has more out LGBT people than any other president — in fact, all presidents combined before him. So, we’re certainly going to continue with the project and making sure people understand that the project exists … and working with the White House Office of Presidential Personnel to make sure that they have the resources that we’re building here to provide those resumes.”

Dison said the Victory Fund has no specific goal for the appointment of an LGBT person to a specific office such as a Cabinet-level position or an ambassadorship, although he acknowledged such an appointment would be “absolutely” historic.

Shin Inouye, a White House spokesperson, said in response to a Washington Blade inquiry, “I have no personnel announcements to make.”

In addition to the appointment of LGBT people to the Obama administration, advocates are also mindful about the impact of Cabinet-level departures on LGBT issues. One such departure is Defense Secretary Leon Panetta, who’s expected to step down.

That position is important to the LGBT community because the defense secretary can implement openly transgender service and administrative changes to provide gay service members spousal benefits afforded to straight troops — which include joint duty assignments, issuance of IDs, use of the commissary and family housing. Health and pension partner benefits can’t be afforded to gay service members because of the Defense of Marriage Act.

Zeke Stokes, spokesperson for the LGBT military group OutServe-SLDN, said his organization wants Obama to nominate a defense secretary who has “an unequivocal commitment to fairness and equality.”

“Should it not happen before he or she takes the helm of the Defense Department, the new Secretary should immediately use his or her authority to the extent possible under existing law to provide support and recognition to gay and lesbian military families, who today are being treated as second-class citizens by our military,” Stokes said.

According to a report from the Washington Post published on Monday, Sen. John Kerry (D-Mass.), chair of the Senate Foreign Affairs Committee, is being considered for the role of defense secretary. The 2004 Democratic presidential nominee voted against DOMA in 1996 and in recent years has been an LGBT advocate and has come out for marriage equality. Another name that has been floated is former Sen. Chuck Hagel, a Republican.

Another departure that will be noted by the LGBT community is that of Secretary of State Hillary Clinton. Her most high-profile pro-LGBT act was speaking to the United Nations in Geneva last year against LGBT human rights abuses, telling LGBT people across the globe who feel isolated in their countries, “You have an ally in the United States of America and you have millions of friends among the American people.”

Other accomplishments include providing global benefits to LGBT employees and diplomats representing the country overseas and leading a department that has spoken against LGBT human rights abuses overseas, such as the proposed anti-homosexuality bill in Uganda. But she’s among a few high-profile Democrats who hasn’t publicly endorsed marriage equality.

The Washington Post report from Monday said Obama is considering naming Susan Rice, the U.S. ambassador to the United Nations, as Clinton’s replacement. Kerry is another name that has been floated for the position.

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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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