National
LGBT staffer group returns to Capitol Hill
‘We’re going to be building relationships’
Members of the newly re-launched LGBT Congressional Staff Association intend to focus on networking and behind-the-scenes policy work. (Washington Blade photo by Michael Key)
Openly gay staffers on Capitol Hill could find new opportunities to network and advance pro-gay legislation now that an LGBT staff association has returned following a period of dormancy.
The group, named the LGBT Congressional Staff Association, seeks to facilitate communication among LGBT staffers working for members of the U.S. House of Representatives.
Scott Simpson, deputy press secretary for Rep. Marcia Fudge (D-Ohio), officially took the reins of the organization Monday after dues-paying members voted him and other new board members into leadership roles.
In a Blade interview, Simpson, who’s 26 and gay, said the organization plans to take a low-profile approach to advance the needs of LGBT staffers and advance pro-LGBT policy in Congress.
“We’re uniquely positioned to work with a targeted audience and work with however many hundreds of Hill staffers we can find,” he said. “We’re not going to be out there trying to get the [Washington] Post to quote us or anything; we’re going to be building relationships.”
The group’s re-launch comes after an earlier version of the organization was founded about 15 years ago.
Simpson said the group — previously known as the Gay & Lesbian Congressional Staff Association — was founded to draw attention to the presence of LGBT staffers on the Hill.
“It was a very big deal, at least for us, on the Hill when it got started,” Simpson said. “It did a lot of good stuff for visibility at the time when there were some congressmen who outright said, ‘We would never hire a gay staffer.’”
Simpson said the LGBT Congressional Staff Association responded at the time by having press conferences to “show that there are actually LGBT people” who work on Capitol Hill.
In recent years, Simpson said the organization had the appearance of being dormant because it was continuing a commitment made when it was founded of protecting the identities of members who weren’t openly gay.
“They wanted that soft influence on policy and they wanted to protect the identities of their staffers, and that doesn’t lend itself to being the most vocal organization,” he said.
But Simpson said LGBT staffers on the Hill in recent months wanted to give new life to the organization, to make it more open and “continue on with the legacy of breaking barriers” that emerged when the association was founded.
Simpson said the group has been in the process of being reinvented for the past three to six months and, as part of its re-launch, tweaked its bylaws and took on the LGBT Congressional Staff Association name.
New goals for the organization include developing a web site and forming a women’s caucus that will have its own specific programming.
The organization’s membership varies widely depending on how it’s counted. Simpson said there are about 50 dues-paying members, but 400 are registered on the group’s e-mail list. One task the organization is considering, Simpson noted, is some type of “census” to determine how many LGBT staffers work on the Hill.
Simpson said the number of LGBT people working as Capitol Hill staffers might surprise those living outside the Beltway. He also noted that LGBT staffers “don’t line up with any particular caucus,” and can be found working with either Democratic or Republican members.
“There are a lot of LGBT staffers on the Hill and that’s a strength that we can tap into,” he said.
Some established and notable LGBT staffers comprise the LGBT Congressional Staff Association board. Diego Sanchez, who’s transgender and senior legislative adviser to Rep. Barney Frank (D-Mass.), will serve as policy director for the organization.
In a statement to the Blade, Sanchez said he’s honored to be the first openly transgender board member of the re-launched organization.
“The new bylaws and my corporate career expertise in diversity management will let me lead and work with my staffer colleagues to fortify how current laws and issues affect us and to repair any gaps to enrich the lives and careers of current and future LGBT people working on the Hill,” he said.
Group will work to influence LGBT policy
Simpson said the organization would work to influence LGBT policy matters related to bills on Capitol Hill, such as the Employment Non-Discrimination Act and repeal of “Don’t Ask, Don’t Tell.”
He said he wants to network with LGBT staffers to educate them on the issues and expand the number of co-sponsors on those bills.
“We’re going to be doing training and education on that,” he said. “We want to make sure that we are connecting and networking as many of these gay staffers in every office, in every party across geography to know what’s up.”
Simpson said one bill his organization is particularly pushing is the Domestic Partnership Benefits & Obligations Act. The legislation would make same-sex partners of federal workers eligible for the same benefits available to the spouses of straight workers, including health and pension benefits.
Repealing the Defense of Marriage Act, a move that would allow the federal government to recognize same-sex marriages, is another issue in which Simpson said his organization would be involved. With same-sex marriage now legal in D.C., he noted that many LGBT staffers are able to marry and want the federal benefits associated with marriage.
“Those directly affect our members because the federal government is prohibited from recognizing the validity of our relationships,” he said.
Additionally, Simpson said a goal of the organization is advancing the careers of LGBT staffers so they can serve in positions that give them more influence to move pro-LGBT legislation through Congress.
“If a job opens up that someone wants, we’re going to get together to use our network as a group to figure out how we can best get the person in this position, if they’re qualified for it,” he said.
But group activities won’t be all work. Simpson said networking opportunities would also include recreational events, such as happy hours.
“A lot of it is getting together and going to happy hours, just meeting and greeting, even in a non-drinking setting, believe it or not,” he said.
Elected officials have been helping re-launch the LGBT Congressional Staff Association. The openly gay members of Congress — Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.) and Jared Polis (D-Colo.) — have sponsored the organization as an official staff group.
In a statement, Baldwin said she’s proud to sponsor the organization because LGBT staffers work in many capacities on the Hill for members of both parties.
“I’m very pleased to support this new iteration of the LGBT staff association,” she said. “In addition to serving as a networking and social group, this organization will help us advocate for more equitable policies in and out of government.”
Simpson said the out members of Congress aren’t technically eligible to become members of the organization because they aren’t staffers. Still, he noted that their sponsorship makes the group able to use the U.S. House web servers and e-mail system.
“If not for them, the organization wouldn’t exist,” he said. “If we need anything, we go to them because they’re our members.”
Simpson said he expects the LGBT Congressional Staff Association to have a collaborative relationship with the Gay, Lesbian & Allies Senate Staff Caucus, the affinity group for LGBT staffers working in the U.S. Senate.
Among the events in which both groups would plan joint participation are social and educational activities as well as marching in the same contingent next month during the Capital Pride parade.
“I’ve been talking with them,” Simpson said. “They’ve been helping us organize this newer reinvention for a while, so we’ve been very close.”
Alex Levy, co-chair of GLASS and legislative aide to Sen. Chuck Schumer (D-N.Y.), said his organization is “thrilled” to have the opportunity to collaborate with another LGBT group.
“They have lots of energy and it looks to be a dynamic leadership team, and we intend to work collaboratively with them to work for the interests of LGBT Hill staffers,” Levy said.
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.”
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administration last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.”
Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
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