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Rep. Wexton leads congressional effort against HUD’s anti-trans rule

HUD says shelter can spot transgender woman by Adam’s apple

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Rep. Jennifer Wexton (D-Va.) is leading a congressional effort against HUD’s anti-trans rule. (Washington Blade file photo by Michael Key)

Rep. Jennifer Wexton (D-Va.) is leading a group of congressional lawmakers in formal comments against a proposed Trump administration rule allowing homeless shelters to refuse to accept transgender people consistent with their gender identity.

The bicameral congressional letter in opposition to the anti-trans rule change proposed by the Department of Housing & Urban Development under Secretary Ben Carson has been signed by 122 House members and 23 senators.

ā€œIt is absolutely shameful that in the midst of a pandemic and with a record number of Americans unemployed, when access to safe housing is more important than ever, the administration is focused on attacking the basic rights of transgender Americans,ā€ Wexton said Thursday in a Zoom call with reporters.

Formally made public July 24 in the Federal Register, the proposed rule allows homeless shelters with single-sex facilities to place transgender people consistent with sex assigned at birth, rather than gender identity.

The proposal downplays the idea such actions would be discriminatory by setting up a referral system: Single-sex homeless shelters can send transgender people to other shelters, for these single-sex shelters to house transgender people according to sex assigned at birth.

As pointed out by Katelyn Burns at Vox, the proposed rule has detailed language to aid homeless shelters in determining whether an individual is transgender, such as making assumptions based on ā€˜heightā€™, ā€˜facial hairā€™ and whether or not they have ā€˜an Adamā€™s apple.ā€™

Rep. Mike Quigley (D-Ill.) said on the conference call Carson years ago promised only delays in implementing an Obama-era rule against anti-transgender discrimination in homeless shelters, but then reversed himself by saying changes are coming, just being withheld, because members of Congress won’t like them.

ā€œSecretary Carsonā€™s words proved prophetic as under his and President Trumpā€™s leadership, the administration moved to completely gut core housing discrimination protections, such as HUDā€™s disparate impacts and affirmative fair housing rules,ā€ Quigley said. ā€œThat wasnā€™t enough. HUD has announced a new proposed rule that would enable shelters to discriminate against trans individuals based on shelter staff suspect an individualā€™s biological sex may be different from the way they self-identify.ā€

The proposed rule also disregards the U.S. Supreme Courtā€™s recent decision in Bostock v. Clayton County, which determined anti-transgender discrimination is a form of sex discrimination, thus illegal in the workplace under Title VII of the Civil Rights Act of 1964. The rule has applications to all federal laws against sex discrimination, including the Fair Housing Act.

HUD justifies the legality of the proposed rule by asserting homeless shelters arenā€™t under the purview of the Fair Housing Act, although one legal expert said on the conference call that analysis is incorrect.

Sasha Buchert, senior attorney with Lambda Legal, said the proposed rule is ā€œon very shaky legal groundā€ not just because of the Supreme Court decision, but also rulings from appellate courts, state and local measures against anti-trans discrimination and questions under the U.S. Constitution.

ā€œIf you spend five minutes going through the case law, courts apply a case-by-case analysis when deciding whether or not the Fair Housing Act applies to shelters,ā€ Buchert said. ā€œItā€™s a legal question as to whether theyā€™re considered dwellings, and there are at least two circuit courts that have held that shelters are considered dwellings under the Fair Housing Act, and therefore subject to that, so their analysis is just wrong.ā€

The Trump administration has previously disregarded public comments against anti-transgender policy. HHS made final a rule under Section 1557 of the Affordable Care Act enabling health care providers and insurance companies to refuse service to transgender people despite more than 120,000 comments in opposition to the proposal.

Wexton, nonetheless, said public comments against HUD’s anti-trans rule are still important for other reasons.

ā€œPublic comment is always important because even if itā€™s ignored by the administration, it is something that can be pointed to in the lawsuit that will inevitably arise out of this rulemaking to not be allowed to go forward,ā€ Wexton said. ā€œIt is important that the public be heard and make sure that people make their voices known that they object to this discriminatory rule.ā€

In terms of legislative actions against the proposed rule, Wexton cited legislation she sponsors called the Ensuring Equal Access to Shelter Act, which she said has passed the House Financial Services Committee, but has yet to come up for a floor vote.

Quigley said legislation that would defund the rule is also part of pending T-HUD appropriations legislation, but that hasnā€™t obtained a vote in the Senate, nor is it clear whether President Trump would sign it into law.

Rep. Mary Gay Scanlon (D-Pa.) said on the conference call the Equality Act ā€” which has passed the House, but has been bottled up in the Senate ā€” would also reaffirm discriminatory measures against transgender people in housing are illegal.

ā€œHere we are, 430 days since the House passed the Equality Act, and this rule is just one more demonstration of why we need [Senate Majority Leader] Mitch McConnell to take it up and we need to push it through the Senate,ā€ Scanlon said.

Publication of the proposed rule in the Federal Register officially started the clock for a 60-day comment period. Assuming the Trump administration sticks with the measure as proposed, it’s expected to be made final in the fall.

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Comings & Goings

Rand Snell opens art gallery in Florida

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Rand Snell

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.Ā 

Congratulations to Rand Snell on the opening of his new studio/gallery in Florida. Snell is a D.C. and Florida-based artist, composer, and writer. The Gallery is Sixstar Arts Studios, 2430 Terminal Dr. S, Unit B, St. Petersburg, Fla. His work can be seen at www.randsnell.com

ā€œIā€™m grateful Jason Hackingwerth invited me to join him and four other talented, and successful artists, to create a new arts destination,ā€ Snell said. ā€œIn my new studio and gallery, Iā€™ll be creating larger pieces and displaying a larger range of my work to the public. I think what creative people do comes from within. There is something that needs to be said, or perhaps a connection with something beyond that channels through the artist, writer, musician, actor, and potentially every human being. Skills and technique open possibilities, but creative people strive for something that goes beyond ability and craft.ā€ In his collages Rand uses original photography and abstract designs to create works of complexity and layered perspectives. Upon selling his first few pieces Rand added, ā€œBut recognition is also nice. So, thank you to the many friends, artists, collectors, gallery owners and art patrons who have come by to check out Sixstar.ā€

Some of Randā€™s compositions have been performed at the Kennedy Center, including his commissioned work for the Congressional Chorus, ā€œOne Land,ā€ commissioned for the 20th anniversary of the Chorus, which premiered in 2007. His works have been presented by community choirs and groups like the University of Maryland Percussion Ensemble, and the Florida Orchestra Brass Quintet.

In his early career, Snell was director of State and Local Relations and Senior Adviser, to the Administrator, U.S. Environmental Protection Agency; and a senior vice president, Hill & Knowlton. He served in Gov. Chilesā€™s administration in Florida, and as a legislative assistant in his Senate office. Snell also ran for Congress on his own, in a losing campaign for Floridaā€™s 13th congressional District.  He began his career as a manager with Reeder Farms, a family agriculture and land management company.

He earned his bachelorā€™s degree in Political Science and History, University of South Florida; a diploma in International and Comparative Politics, London School of Economics; and masterā€™s in Music Composition, University of South Florida. 

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Politics

Trump vows to reverse transgender student protections ‘on day one’

Former president spoke with right-wing conservative talk radio hosts

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Former President Donald Trump (Photo by shganti1777 via Bigstock)

During a call-in interview Friday on a Philadelphia-based right-wing conservative talk radio show, former President Donald Trump said he would roll back transgender student protections enacted last month by the U.S. Department of Education ā€œon day oneā€ if heā€™s reelected.

Reacting to a question by hosts Nick Kayal and Dawn Stensland, Trump said: ā€œWeā€™re gonna end it on day one. Donā€™t forget, that was done as an order from the president. That came down as an executive order. And weā€™re gonna change it ā€” on day one itā€™s gonna be changed.ā€

ā€œTell your people not to worry about it,ā€ Trump he added referring to the new Title IX rule. ā€œItā€™ll be signed on day one. Itā€™ll be terminated.ā€

In a campaign video released on his Truth Social account in February 2023, in a nearly four minute long, straight-to-camera video the former president vowed ā€œprotect children from left-wing gender insanity,ā€Ā some policies he outlined included a federal law that recognizes only two genders and bars trans women from competing on womenā€™s sports teams. He also promised that he would punish doctors who provide gender-affirming health care to minors.

Trump also falsely claimed that being trans is a concept that the ā€œradical leftā€ manufactured ā€œjust a few years ago.ā€ He also said ā€œno serious country should be telling its children that they were born with the wrong gender. Under my leadership, this madness will end,ā€ he added.

At least 22 Republican-led states are suing the Biden-Harris administration over its new rules to protect LGBTQ students from discrimination in federally funded schools, NBC News Out reported this week.

The lawsuits follow the U.S. Department of Educationā€™s expansion of Title IX federal civil rights rules last month, which will now include anti-discrimination protections for students on the basis of sexual orientation and gender identity. 

Among other provisions, the new rules would prohibit schools from barring trans students from using bathrooms, changing facilities and pronouns that correspond with their gender identities.

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South America

Lesbian couple dies after man sets Buenos Aires boarding house room on fire

Suspect has been charged with homicide

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Buenos Aires, Argentina (Photo by JOETEX1/Bigstock)

Two people died and at least five others were injured on Monday when a man threw a Molotov cocktail into the room of a Buenos Aires boarding house in which two lesbian couples lived.

The fire took place at around 1 a.m. in a house at 1600 OlavarrĆ­a St., between Isabel la CatĆ³lica and Montes de Ocoa in Buenos Aires’s Barracas neighborhood. The blaze forced roughly 30 people to evacuate, and the injured were taken to local hospitals.

Police say Justo Fernando Barrientos, 68, sprayed fuel and set fire to the room where Mercedes Figueroa, 52, lived together with Pamela Fabiana Cobas, 52, and SofĆ­a Castro Riglos, 49, and Andrea Amarante, 42.

Figueroa and Cobas both died. Castro and Amarante are hospitalized at Penna Hospital in Buenos Aires.

Witnesses say the fire started on the second floor when Barrientos threw a Molotov cocktail inside the women’s room, and it soon spread throughout the property. LGBTQ organizations in Argentina have described the blaze as a hate crime because Barrientos had already threatened to kill the women because they are lesbians.

“We are in a rather complex context, where from the apex of power, the president himself and his advisors and downwards permanently instill a hate speech, instilling it when they close the (National Institute Against Discrimination, Xenophobia and Racism or INADI), stigmatizing the population that is there and the vulnerable groups,” Congressman Esteban PaulĆ³n, a well-known LGBTQ activist, told the Washington Blade.

“All this is generating a climate of violence,” he said. “The fact that it happened in the city of Buenos Aires, which is terrible … has to be investigated.”

PaulĆ³n said President Javier Milei’s government has installed in the public discourse speeches and actions against the LGBTQ community that have provoked more violence based on sexual orientation and gender identity. 

“All that is installed … and then there are people who fail to make a mediation of that, that fail to make a critical analysis of that and can end up generating an act of hatred like this, which is tragic and that already took the lives of two people,” he said.

The Argentine LGBT+ Federation on social media said it was looking for the victims’ families and friends, but has yet to be able to connect with them.

“We are going to stand by them, making ourselves available for whatever they and their families need, and we will closely follow the court case so that there is justice,” said the organization. “But we cannot fail to point out that hate crimes are the result of a culture of violence and discrimination that is sustained on hate speeches that today are endorsed by several officials and referents of the national government.”

100% Diversidad y Derechos, another advocacy group, demanded the investigation address the attack “with a gender perspective and as motivated by hatred towards lesbian identity.”

Barrientos has been arrested, and will be charged with murder. Activists have requested authorities add discrimination and hate provisions to the charges.

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