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Latin American LGBT advocates visit U.S.

Group visited D.C., New York

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Michael K. Lavers, Alberto Moscoso Flor, Esteban Paulon, Diane Rodriguez, gay news, Washington Blade

Michael K. Lavers, Alberto Moscoso Flor, Esteban Paulon, Diane Rodriguez, gay news, Washington Blade

A group of Latin American LGBT rights advocates toured the Washington Blade offices on Jan. 31 (Washington Blade photo by Damien Salas)

The State Department has invited a group of Latin American LGBT rights advocates to the U.S. to meet with their American counterparts.

LGBT Federation of Argentina President Esteban Paulón; Alberto Moscoso Flor, executive director of the Civil Association for Social Development and Cultural Promotion of GLBT Freedom in Bolivia; Juan Fuentealba Álvarez of the Chilean It Gets Better Foundation; Paulina Torres Mora of “Beso Diverso” in Costa Rica; Deivis Ventura of the “Amigos Siempre Amigos” Network of Volunteers in the Dominican Republic; Diane Marie Rodríguez Zambrano, president of the Silueta X Association in Ecuador and Clauvo Velásquez of the Homosexual Community of Hope for the Loreto Region of Perú arrived in D.C. on Jan. 25 as part of the State Department’s International Visitor Leadership Program.

The group met with former Human Rights Campaign President Elizabeth Birch, members of the Metropolitan Police Department and the Inter-American Commission of Human Rights and Gender Rights Maryland Executive Director Dana Beyer while in the nation’s capital. The advocates also toured the Washington Blade office on Jan. 31 where they met with this reporter and publisher Lynne Brown.

The group met with gay New York State Assemblyman Danny O’Donnell; Hetrick-Martin Institute CEO Thomas Krever; Adam Frankel of Human Rights Watch; staffers of the Office of the U.N. High Commissioner for Human Rights, the International Gay and Lesbian Human Rights Commission and All Out and gay blogger Andrés Duque while in New York.

The activists are scheduled to visit Texas and California before leaving the U.S. later this month.

“Our work is focused on showing other realities to LGBT kids and youth so they can have hope for the future and celebrate diversity,” Fuentealba told the Blade. “We believe that all players involved in the construction of our society play an important role in this goal. And newspapers, TV stations and the film industry, among others, are key elements on making a change.”

Rodríguez, a transgender woman who unsuccessfully sought a seat in the Ecuadorian Congress last year, filed a complaint against her South American country’s government with the Inter-American Commission on Human Rights while in D.C.

She was able to receive an amended identity card without her birth name after she won a lawsuit in 2009, but it did not list her gender as female. Rodríguez told the Blade she was kidnapped for four hours in 2012 because of her advocacy efforts.

“I hope that the court will analyze my case and the case of transgender people who are coming behind me,” she said.

U.S. LGBT rights advocates who met with their Latin American counterparts welcomed the opportunity to do so.

“Human rights activism offers precious few opportunities to sit back, even just for an hour, and share information about the struggles and strategies of our peers,” IGLHRC Latin America and Caribbean Coordinator María Mercedes Gómez exclusively told the Blade, noting she and her colleagues discussed anti-LGBT violence in the region, bullying, access to health care and gender-appropriate identity cards during their meeting with the group on Wednesday. “We talked about the fact that those who are the most vulnerable to abuse are those who transcend and challenge prevailing gender roles — in other words, our struggle is not only about sexual orientation or gender identity, it is about the freedom of everyone to be who they are.”

“The State Department invited a remarkable group of young activists from across Latin America and the Caribbean, each a leader in his or her community,” added Beyer, who announced her candidacy against Maryland state Sen. Rich Madaleno (D-Montgomery County) late last month. “Their insights about common problems, derived from their own national experiences, were often diverse, and prompted some fascinating conversations.”

O’Donnell said in a press release his office released after his Feb. 3 meeting with the advocates that they discussed marriage rights for same-sex couples, anti-LGBT violence and efforts to curb bullying.

The New York lawmaker also talked about the important role he feels openly gay legislators can play in debates over the aforementioned issues. He highlighted his own experience with his fellow lawmakers during the 2011 debate on the Empire State’s same-sex marriage bill that Gov. Andrew Cuomo signed into law.

“That way someone is always around when legislation is being debated, not an outside person or group, but one of their own, a colleague,” said O’Donnell.

The State Department has previously invited Latin American LGBT rights advocates to the U.S.

Six Colombian activists visited D.C., Iowa and California last April. A group of LGBT rights advocates from Chile, Argentina, Bolivia, Colombia, Brazil, Ecuador, Panamá, Costa Rica and México visited the U.S. in 2012.

The Gay and Lesbian Victory Institute and two Colombian advocacy groups – Colombia Diversa and Caribe Afirmativo – have organized two trainings over the last year designed to encourage LGBT people to become more involved in the South American country’s political process. These gatherings are part of the USAID-backed LGBT Global Development Partnership that will contribute $11 million over the next three years to activist organizations in Ecuador and other developing countries.

Two Cuban LGBT rights advocates – Ignacio Estrada Cepero and Wendy Iriepa Díaz – met with Casa Ruby CEO Ruby Corado, U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) and others last year while in the U.S.

A number of Russian LGBT rights advocates have visited D.C. and other U.S. cities in recent months ahead of the 2014 Winter Olympics that begin on Thursday in Sochi, Russia.

Latvian LGBT rights advocate Kaspars Zailitis is also in the U.S. on another State Department-sponsored trip.

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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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