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Lesbian facing separation to attend State of the Union

Md. woman whose Peruvian partner faces deportation receives ticket from Rep. Nadler

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Kelly Costello, Fabiola Morales, gay news, Washington Blade, Immigration Equality
Kelly Costello, Fabiola Morales, gay news, Washington Blade, Immigration Equality

Kelly Costello (left), who’s married to Fabiola Morales, will attend the State of the Union address. (Photo by Maria Vicencio Photography courtesy of Immigration Equality)

One half of a bi-national same-sex couple that could face separation under current immigration law will attend the upcoming State of the Union address, the Washington Blade has learned exclusively.

Kelly Costello, who’s 30 and lives in Potomac, Md., with her Peruvian native spouse Fabiola Morales, 39, received a ticket to attend the speech on Tuesday evening from Rep. Jerrold Nadler (D-N.Y.).

Speaking with the Blade, Costello said she’s “grateful and excited” for what she called a “once-in-a-lifetime experience” — particularly in the wake of Obama’s call to include bi-national gay couples as part of comprehensive immigration reform.

“This is something that we have been fighting for a long time,” Costello said. “People before me have fought for it. I feel like, right now, we are living in an important historical moment where the president has already addressed providing equal rights for us, and I think it’s really come to forefront.”

The couple, who married in D.C. in 2011, is in danger of separation because the Defense of Marriage Act prohibits Costello from sponsoring Morales via a marriage-based green card application for residency in the United States.

Initially, Morales was able to stay in the United States via student visa, which enabled her to obtain a bachelor’s degree at Georgetown University. Following graduation, she worked at Suburban Hospital in Bethesda under temporary work authorization. When that authorization expired, Morales returned to study at Marymount University on her student visa, which is still valid.

However, that visa expires after her program concludes in May 2014, which could force her to leave the country at that time if current law remains in place.

Morales would face difficulty if forced to leave the country because she suffers from multiple sclerosis. She receives medical treatment through a clinical drug trial at Georgetown Multiple Sclerosis Center at Georgetown University Hospital.

Being able to stay together in the United States is particularly important for the couple because the two are expecting children. Costello is pregnant with twins due July 4.

What President Obama will say during the address — or even whether comprehensive immigration reform will be addressed — remains to be seen. On Friday, White House Press Secretary Jay Carney said he doesn’t have a preview of the remarks.

Costello noted Obama has called for the inclusion of families like hers as part of comprehensive immigration reform, but said she’d welcome another shout-out for LGBT couples during the speech.

“I’m hoping that he’ll continue to shed light on the fact that not everyone is included in the immigration reform unless families like ours are included as well,” Costello said. “We’re proud of him for including gay families in his proposal, and he’s already done so much, so an additional shout-out would be awesome.”

Immigration reform is currently under debate in Congress and while it remains to be seen whether the final legislative package will include language for bi-national same-sex couples, Costello said the opportunity for legal relief is exciting.

“Right now, we have a rare opportunity to fix the immigration system, and with that, I think it’s important we should fix everything to make it include all of us,” Costello said. “And so, I think, the time is right, the time is now, and people are coming around to see that we are just like every other family.”

Another option for legal relief for the couple would be for the U.S. Supreme Court to strike down Section 3 of DOMA as unconstitutional. Litigation is under review and justices are expected to make a ruling before their term ends in June.

Costello obtained the ticket from Nadler, who as a member of Congress gets one ticket for the State of the Union, after the LGBT group Immigration Equality recommended that she receive the honor. It’s unclear at this time where in the House gallery she’ll be seated.

Nadler, who sponsors standalone legislation that would address the issue known as the Uniting American Families Act, said in a statement to the Blade he’s “extremely honored” to present Costello a ticket for the State of the Union.

“Kelly brings important visibility to the issue of immigration inequality,” Nadler said. “The president has admirably included the LGBT community in his principles for comprehensive immigration reform, and advancing the Uniting American Families Act should be a central priority for this Congress. Kelly and her family, and bi-national LGBT couples across the nation, are awaiting justice.”

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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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