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Sigh of relief as shutdown ends

HIV service providers spared; staffers return to work

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Some federal workers are troubled over accusations made by Sarah Palin and others that the U.S. Park Service is being disrespectful to veterans by denying access to monuments in Washington. (Photo by Therealbs2002; courtesy Wikimedia Commons)

UPDATE: The federal government shutdown ended Thursday and thousands of employees returned to work in D.C. and across the country. This story was posted shortly before Congress passed a bill to fund the government and avert a default:

As the federal government’s shutdown entered its third week, LGBT and AIDS advocates expressed alarm that community-based AIDS service providers in D.C. and across the nation could be forced to lay off employees and curtail services if the shutdown and its related funding reductions continued much longer.

Democratic and Republican leaders in the Senate announced a bipartisan agreement on Wednesday calling for raising the debt ceiling and ending the government shutdown. Although political observers thought there were enough votes to approve the agreement in both the Senate and the House, no one was certain whether the GOP-controlled House would pass the compromise bill initiated in the Senate.

Leonard Hirsch, Len Hirsch

Leonard Hirsch (Washington Blade photo by Michael Key)

Leonard Hirsch, president of the LGBT federal workers group Federal GLOBE, said that, like all federal workers, thousands of furloughed LGBT federal employees continued as of Wednesday to struggle without a paycheck.

The shutdown, which closed many but not all federal agencies, left more than 800,000 federal employees furloughed, according to the U.S. Office of Personnel Management. With the federal government being the largest employer in the D.C. metro area, the area is said to have been affected the most by the shutdown.

“Everyone that I know in the federal workforce is very frustrated that they’re not allowed to be getting work done, that things are piling up, that their clients are not being served,” said Hirsch, who has worked at the Smithsonian Institution for 24 years.

Hirsch said he and nearly all the federal workers he knows – LGBT and straight – are especially troubled over accusations by Obama administration critics, including former GOP vice presidential candidate Sarah Palin, that the U.S. Park Service is being disrespectful to veterans and other citizens by denying them access to the World War II Memorial and other monuments in Washington.

“The law is clear,” he said. “If Congress has not appropriated money you cannot work on things and do things. And so we can’t open parks. We can’t open museums and monuments because Congress has not appropriated the money.”

Added Hirsch, “I don’t know a single person at the Park Service who is happy about closing doors, and I know a lot of people at the Park Service…It’s putting the federal worker in this horrible bind to say we can’t do these things and being abused for following Congress’s direction.”

Don Blanchon

Don Blanchon (Washington Blade file photo by Michael Key)

Don Blanchon, executive director of Whitman-Walker Health, the D.C. area’s largest private agency providing medical and social services to people with HIV and the LGBT community, said Whitman-Walker has “weathered” the federal shutdown so far largely because it accumulated a substantial reserve fund over the past several years.

“By and large, the impact of the shutdown directly on our operations and patient care is minimal,” he told the Blade on Monday. “We’re open. We’re serving patients. And for the foreseeable future we don’t see this shutdown causing us a tremendous amount of difficulty right now,” he said.

But Blanchon noted that Whitman-Walker along with other D.C. community-based health groups serving people with HIV has been hit by D.C.’s inability to pay its Medicaid reimbursements. Under a federal law, D.C. is prohibited from spending its own money obtained through local tax revenue if Congress doesn’t approve the city’s annual budget.

With Congress deadlocked over the federal budget, under which the D.C. budget falls, the city has been unable to spend much of its own funds since the federal shutdown began on Oct. 1 at the start of the new fiscal year. Since D.C.’s budget is intertwined with the federal budget, D.C. has been impacted by the shutdown in a way that no other city or state has, a development that has infuriated D.C. Mayor Vincent Gray.

At an Oct. 11 town hall meeting Gray said the shutdown has forced the city to tap into its reserve funds to keep city agencies open and to continue city services through the end of this week or next, at which time he said the usable portion of the reserve fund would be depleted.

But Gray said the reserve fund wasn’t large enough to enable the city to cover $90 million in Medicaid reimbursement payments to the city’s private clinics and medical providers that take Medicaid patients during the previous week.

Blanchon said the delay in the Medicaid payments resulted in Whitman-Walker not receiving about $70,000 in reimbursements for its Medicaid patients.

While Whitman-Walker’s reserve fund will enable the LGBT health provider to “weather the storm” for the time being, as Blanchon put it, other community-based health providers don’t have such a financial cushion, officials with those groups have said. Some of them have already been forced to lay off employees and curtail services, including HIV-related services, the officials have said.

Ruby Corado, Casa Ruby, gay news, Washington Blade

Ruby Corado (Washington Blade file photo by Michael Key)

“We’re already seeing services cut back for LGBT and Latino community clients,” said Ruby Corado, director of the LGBT community center Casa Ruby. Corado said Casa Ruby, which is funded largely by private donors, wasn’t immediately affected by the shutdown.

Ron Simmons, executive director of Us Helping Us, a D.C.-based HIV service provider that reaches out to black gay men, said his group has also managed to get buy for the past two weeks “without any noticeable impact.”

But Simmons said Us Helping Us won’t be able to operate without possible service interruptions if the federal shutdown continues indefinitely. Although his organization doesn’t have the type of reserve fund that Whitman-Walker has, Simmons said much of the group’s federal funding for the fiscal year has already been appropriated by Congress through various grants. He said the payments through those grants, including one from the U.S. Centers for Disease Control and Prevention, have continued uninterrupted during the shutdown.

Similar to other HIV service providers in D.C. and across the nation, funding from the Ryan White federal AIDS program also had been appropriated by Congress prior to the shutdown, enabling groups receiving Ryan White grants to continue to receive the funds through the rest of the fiscal year, according to Carl Schmid, deputy director of the AIDS Institute, a national HIV/AIDS advocacy organization.

Carl Schmid, AIDS Institute, gay news, Washington Blade

Carl Schmid (Washington Blade file photo by Michael Key)

“Luckily, the grants went out in April,” said Schmid in referring to the Ryan White program, which he said provides millions of dollars to AIDS groups across the country.

But Schmid cautioned that if the federal shutdown were to continue, AIDS service providers would be adversely impacted in a number of ways.

One immediate effect, he said, was federal officials who provide support for the processing of Ryan White grant applications were furloughed as soon as the shutdown began on Oct. 1.

“The new grant applications are due Oct. 31,” he said. “So what if people have questions about putting their grant applications together in the cities and states? Right now there’s no one to turn to.”

Schmid noted that most of the federal officials that administer the Obama administration’s national AIDS strategy program as well as the White House Office on AIDS Policy were also on furlough since Oct. 1.

“One or two days are one thing,” said Schmid. “But now this is going on too long and we’re definitely going to have ramifications. Let’s hope this gets solved soon.”

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, told the Blade that LGBT-related implications of the shutdown could, among other things, include a cutback in the enforcement of the federal hate crimes act that covers hate crimes targeting LGBT people.

Cole-Schwartz said the furloughing of Justice Department personnel could negatively impact enforcement of both the hate crimes law and Title IX of an existing civil rights statute that protects women and transgender people from gender-related discrimination.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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