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Vote nears on Boy Scouts gay ban

National Council expected to weigh in next week

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Zach Wahls, gay news, Washington Blade, Boy Scouts of America
Zach Wahls, gay news, Washington Blade, Boy Scouts of America

Zach Wahls is a leading voice against the Boy Scouts’ gay ban (Photo courtesy of Change.org)

All eyes will be on the Boy Scouts of America next week when members of the National Council vote on whether to partially lift a ban that LGBT advocates have sought to remove for at least a decade.

On May 23, 1,400 members of the National Council will gather at the National Annual Meeting in Dallas and take action on the pending resolution, which would allow all youths to participate in the Boy Scouts regardless of sexual orientation.

However, the resolution leaves in place the rule prohibiting openly gay adults from participating as leaders in the Boy Scouts. Further, the proposal maintains youth adhere to a “duty to God” and behavior consistent with the highest level of good conduct.

Zach Wahls, a 21-year-old activist and Eagle Scout — who gained notoriety for speaking on behalf of his lesbian parents before the Iowa Legislature — is the leading voice for a group called Scouts for Equality that is urging the Boy Scouts to adopt the change.

“The resolution that the Scouts are voting on clearly is not fully adequate,” Wahls said. “It still sends, I think, potentially harmful messages to the youth — both gay and straight — about discrimination being OK. That being said, I think it’s absolutely a step in the right direction, which is going to get started going down their path of evolution, as it were. And we all kind of know where evolution goes.”

Wahls said Scouts for Equality for the last two-and-a-half months has been mobilizing grassroots supporters across the country to talk with parents, scout leaders and scout masters about support for changing the gay ban.

“That really can only happen within the scouting community,” Wahls said. “It was through those conversations our incredible grassroots volunteers on the ground that we were able to identify and have conversations indirectly with huge amounts of voting members.”

In February, amid heightened calls for the organization to end its gay ban, the Boy Scouts started a review process to consider the impact of a change. Part of the review consisted of a questionnaire sent to members asking them if they’re OK with certain hypothetical scenarios involving gay scouts and whether they support or oppose lifting the ban.

The decision to partially lift the gay ban in the Boy Scouts may be an attempt to mollify religious groups affiliated with the Boy Scouts. According to the organization’s website, seven in 10 units in the Boy Scouts are chartered to faith-based organizations.

In response to a request for comment from the Washington Blade, the Boy Scouts provided an organizational statement maintaining the issue of allowing openly gay scouts to participate in the organization is a complex one.

“Scouting’s review confirmed that this remains among the most complex and challenging issues facing the BSA and society today,” the response reads. “Even with the wide range of input, it is extremely difficult to accurately quantify the potential impact of maintaining or changing the current policy. While perspectives and opinions vary significantly, parents, adults in the Scouting community, and teens alike tend to agree that youth should not be denied the benefits of Scouting.”

According to recent polls, a majority of the American public wants the Boy Scouts to lift its gay ban. A Washington Post/ABC News poll published on May 9 found that 63 percent back the idea of allowing gay youth to participate while 56 percent oppose the continued ban on participation from gay adults.

Asked whether he’s confident the resolution will be approved, Wahls replied, “As a Boy Scout, our motto is ‘Be Prepared.’ So we’re prepared for any kind of outcome, but we are feeling really, really good about where we are.”

But anti-gay activists are also at work urging the Boy Scouts to maintain its policy prohibiting out youths from participating. An organization called On My Honor is leading these efforts. It didn’t respond to the Washington Blade’s request for comment.

Ending the gay ban in the Boy Scouts is a goal that the LGBT community has long pursued. In 2000, a case known as Dale v. Boy Scouts was argued before the U.S. Supreme Court by Evan Wolfson, now president of Freedom to Marry. He maintained New Jersey’s enforcement of its non-discrimination law to prohibit the Boy Scouts, as a place of accommodation, from banning gay scouts wasn’t a violation of the First Amendment. However, the court determined in a 5-4 decision that current policy for the organization was constitutional.

Texas Gov. Rick Perry (R) has emerged as one of the most high-profile voices in opposition to lifting the gay ban. Last week, as reported by Right Wing Watch, the former Republican presidential candidate appeared on a Family Research Council webcast urging the Boy Scouts to resist the “flavor of the month” by changing its policy.

“The fact is, this is a private organization,” Perry said. “Their values and principles have worked for a century now, and for pop culture to come in and try to tear that up because it just happens to be the flavor of the month, so to speak, and to tear apart one of the great organizations that have served millions of young men — to help them become men and become great fathers — that is just not appropriate.”

Wahls responded to Perry’s position by saying the Texas governor is entitled to his views, but they’re at odds with the American people.

“It’s a free country,” Wahls said. “Gov. Perry can offer his opinion. It doesn’t change the fact that a strong majority of Americans want to lift the ban, and keeping the ban in place is highly detrimental to the future of scouting.”

CORRECTION: An initial version of this article mischaracterized attorney Evan Wolfson’s attorney argument against the Boy Scouts gay ban in 2000. The Blade regrets the error.

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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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