National
High hopes for Obama’s second term
LGBT advocates seek continued advances in coming years
President Obama will have two swearing-in ceremonies next week for his inauguration. (Public domain photo by Petty Officer 1st Class Chad J. McNeeley, USN)
Amid festivities from one end of Pennsylvania Avenue to the other, President Obama will officially begin his second term on Monday while LGBT advocates have high hopes for the actions he might undertake in the next four years.
There will be two swearing-in ceremonies for Obama. On Sunday, the president will be sworn into office by Chief Justice John Roberts in the Blue Room of the White House, where he’ll place his hand on the Robinson family Bible when he takes the Oath of Office. A public ceremony will take place on Monday at the Capitol Building, where Obama will place his hand on two Bibles: one from President Lincoln, the other from Dr. Martin Luther King, Jr.
Following the public ceremony on Monday, Obama will deliver his inauguration speech before an anticipated crowd of 500,000 to 800,000 people on the National Mall. The inaugural parade will begin at 2:30 p.m. and will proceed down Pennsylvania Avenue from the Capitol to the White House.
The area for non-ticketed viewing is between Fourth Street Northwest and the Washington Monument on the National Mall, which can be entered on Constitution Avenue at 7th, 9th or 12th streets, N.W. and also on Independence Avenue, S.W. at 7th and 12th streets. In addition to the obvious closure of Pennsylvania Avenue, both the Third and 12th Street tunnels will be closed as well as the Memorial Bridge.
Obama begins his second term after noteworthy accomplishments for the LGBT community — including coming out in favor of marriage equality and repealing “Don’t Ask, Don’t Tell” — and expectations remain high for administrative actions to advance LGBT issues in the next few years.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said Obama “got off to really rough start” by taking some controversial actions — such as withholding support for marriage equality and issuing a legal brief in favor of the Defense of Marriage Act that was riddled with anti-gay language — but noted an “increasingly productive tone” by the end of the his term.
“If you look at the very early on rough start and then how far the administration and President Obama came within that four years, it is significant,” Carey said. “To go from in the very first months huge missteps around, in particular marriage, to his last year of this term coming out publicly as the first president in support of our marriages, it’s a huge shift.”
Richard Socarides, a gay New York-based advocate, said Obama “delivered in a major way” during his first term on LGBT issues, but will be expected to build on the progress right away at the start of his second term.
“All indications are that the president has the opportunity to very strongly build on a great first term record,” Socarides said. “Obviously, there was some tension along the way, but people feel good about what he was able to accomplish in the first term. But on the eve of the second term, the big issues are going to come up right away.”
Administrative action is seen as the way forward for many LGBT issues because the Republican-controlled House is expected to block any meaningful legislation from passing Congress.
The requests from the LGBT community are already well-established and many of them must be undertaken within a few weeks after Obama is sworn in for his second term. A list of some of the more prominent requests follows:
• the reaffirmation from defense secretary nominee Chuck Hagel during his Senate confirmation hearings on Jan. 31 that he’ll support LGBT military families and extend partner benefits and non-discrimination protections upon the taking the helm at the Pentagon;
• the filing of a friend-of-the-court brief by the Justice Department before the Supreme Court prior to the Feb. 28 deadline to assert same-sex couples have a fundamental right to marry under the U.S. Constitution as justices consider the constitutionality of California’s Proposition 8;
• signing an executive order prohibiting federal contractors from discriminating on the basis of sexual orientation to continue receiving federal awards, a move that would cover between 400,000 and 600,000 LGBT workers;
• the appointment of LGBT officials to prominent positions in the administration, such as Cabinet-level positions or G-20 ambassadorships — particularly with prominent vacancies at the head of the Commerce Department, Labor Department and Department of the Interior;
• holding in abeyance the marriage-based green card applications of married bi-national same-sex couples to ensure these families aren’t separated before the Supreme Court makes a final determination on the constitutionality of the Defense of Marriage Act.
But Carey cautioned that some of the advances to come may be more low-key internal changes within the administration — such as the inclusion of LGBT questions on the hundreds of federal surveys conducted each year.
“The results for those surveys determine the flow of money and the flow of attention from the federal government to communities around the country,” Carey said. “Currently, our community is basically rendered invisible when it comes to those surveys, which means that our community is not getting the funding for our community-based organizations, for youth services, for any number of services around the country.”
Shin Inouye, a White House spokesperson, responded to calls for continued attention to LGBT issues by noting progress made in the first four years.
“President Obama is proud of the many accomplishments he’s achieved on LGBT equality during his first term, and he looks forward to building on that progress in the months and years to come,” Inouye said.
Already, Obama was faced with a controversy over the choice of an inaugural speaker. In 2009, Pastor Rick Warren of the California-based Saddleback Church was selected to give the inaugural benediction — and remained in place — despite outcry over his support for Prop 8.
This time around, things are different. Pastor Louie Giglio of the Georgia-based Passion City Church said he would “respectfully withdraw” from the same duties after an anti-gay sermon from the 1990s came to light in which he advocated for widely discredited “ex-gay” therapy and urged Christians to stop the “homosexual lifestyle” from being accepted in society.
In his place, the committee has selected Rev. Luis Leon of the D.C.-based St. John’s Church near the White House, to deliver the benediction. His church, which is often attended by Obama, is known for its pro-LGBT atmosphere. According to The Huffington Post, it has had openly gay, non-celibate priests and a gay bishop in addition to announcing this summer that it would bless same-sex partnerships and ordain transgender priests. Leon also gave the inaugural benediction for President George W. Bush in 2005.
Carey said replacing Giglio as the inaugural pastor — as opposed to allowing Warren to stay on in 2009 while including gay Rev. Gene Robinson at another event hosted by HBO — certainly “feels like” a promising shift in terms of the expectations of tone that will be seen from the Obama administration on LGBT issues over the next four years.
“It feels like it, and I hope that tone continues,” Carey said. “For the inaugural committee and the administration to reverse course on someone they had already publicly announced as a key participant of the swearing-in day, I think, was not only a significant victory for our community, but it absolutely showed that this administration has moved in its understanding that prejudice coming from the inaugural swearing-in podium will not be tolerated in this country.”
National
GLSEN hosts Respect Awards with Billy Porter, Peppermint
Annual event aims to ‘inspire a lot of people to get active’
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.
Florida
Homeless transgender woman murdered in Miami Beach
Andrea Doria Dos Passos attacked while she slept
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.
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.”
Federal Government
HHS reverses Trump-era anti-LGBTQ rule
Section 1557 of the Affordable Care Act now protects LGBTQ people
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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