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Hagel apologizes for 1998 anti-gay remarks

Potential defense sec’y nominee commits to support open LGBT service

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Former U.S. Senator Chuck Hagel apologized on Friday for an anti-gay comment made in 1998 (public domain photo by Lance Cpl. Casey Jones)

Former U.S. Senator Chuck Hagel apologized for an anti-gay slur in 1998 (public domain photo by Lance Cpl. Casey Jones)

The former U.S. senator whom President Obama is reportedly considering for defense secretary on Friday apologized for using anti-gay remarks 14 years ago to describe a gay nominee for U.S. ambassador.

In a statement, received by the Washington Post and other media outlets, Chuck Hagel responded to comments that he reportedly made in 1998 about then-nominee for U.S. ambassador Jim Hormel, now a San Francisco-based philanthropist, in addition to expressing a newfound commitment to LGBT rights.

“My comments 14 years ago in 1998 were insensitive,” Hagel was quoted as saying Friday. “They do not reflect my views or the totality of my public record, and I apologize to Ambassador Hormel and any LGBT Americans who may question my commitment to their civil rights. I am fully supportive of ‘open service’ and committed to LGBT military families.”

The comments about Hormel, published in 1998 by the Omaha World-Herald, came to light in recent days amid questions about whether Hagel would support LGBT service members as defense secretary. At the time, Hagel reportedly denigrated Hormel for being “openly aggressively gay.”

“Ambassadorial posts are sensitive,” Hagel was quoted as saying at the time. “They are representing America. They are representing our lifestyle, our values, our standards. And I think it is an inhibiting factor to be gay — openly aggressively gay like Mr. Hormel — to do an effective job.”

Representing the conservative state of Nebraska as U.S. senator from 1997 to 2009, Hagel was known for his opposition to LGBT rights, from 2001 to 2006, Hagel consistently scored a “0” on the Human Rights Campaign’s scorecards between 2001 and 2006.

In 1999, he voiced opposition to “Don’t Ask, Don’t Tell” repeal, telling the New York Times, ”The U.S. armed forces aren’t some social experiment.” Hagel voted for the Federal Marriage Amendment in 2004, but didn’t cast a vote in 2006.

Hagel’s record in the Senate was troublesome to LGBT rights supporters, who are pushing the Pentagon to grant additional partner benefits to gay service members — such as joint duty assignments, issuance of military IDs, use of the commissary and family housing — through administrative changes as well as the implementation of open service by transgender people.

According to the Washington Post, LGBT advocates held phone calls in recent days with senior White House aides — including senior adviser to President Obama, Valerie Jarrett — over concerns about the Hagel nomination. The aides reportedly told the activists that any defense secretary nominee would “live up to the principles” on LGBT rights already established by Obama.

During a news conference on Thursday, White House Press Secretary Jay Carney responded to concerns over the potential Hagel nomination by emphasizing the former senator’s service to the country.

“I have no announcements to make about personnel matters,” Carney said. “I can simply say that Sen. Hagel has been a remarkable servant to this country, a recipient of two Purple Hearts. He fought for this country and has served this country admirably in a number of capacities. Beyond that, I think I’ll let the president make any announcements about personnel when the time is right.”

LGBT advocates responded by saying they appreciate Hagel’s statement on Friday and look forward to working with him on lingering LGBT issues for the U.S. armed forces.

Chad Griffin, president of the Human Rights Campaign, said Hagel’s statement demonstrates an evolution on the part of the former senator — and the country as a whole.

“Senator Hagel’s apology and his statement of support for LGBT equality is appreciated and shows just how far as a country we have come when a conservative former Senator from Nebraska can have a change of heart on LGBT issues,” Griffin said. “Our community continues to add allies to our ranks and we’re proud that Senator Hagel is one of them.”

On the future for LGBT military issues, Griffin added, “The next Defense Secretary should get off to a fast start and ensure LGBT military families have access to every possible benefit under the law. Every day these families continue to face unfair treatment and the Secretary can take meaningful action to remedy this discrimination.”

Allyson Robinson, executive director of OutServe-SLDN, expressed similar satisfaction with Hagel’s words on Friday.

“We are pleased that Senator Hagel recognized the importance of retracting his previous statement about Ambassador Hormel and affirming his commitment to ‘Don’t Ask, Don’t Tell’ repeal and LGBT military families,” Robinson said. “We look forward to learning more about his commitment to full LGBT military equality as this confirmation process unfolds.”

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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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