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Obama cheered at Pride reception

Family leave, hospital visitation changes announced

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During a White House reception keyed to Pride month, President Barack Obama said change begins not in Washington but ‘with acts of compassion — and sometimes defiance — across America.’ (Washington Blade photo by Michael Key)

President Barack Obama encouraged LGBT people to stand up for their rights and who they are during a White House reception Tuesday where attendees greeted him with cheers and applause.

At a celebration commemorating June as Pride month, Obama commended the invitees for their work and said their visit was a reminder that the change he called for during his presidential campaign “never comes — or at least never begins — in Washington.”

“It begins with acts of compassion — and sometimes defiance — across America,” he said. “And it begins when these impositions of conscience start opening hearts that had been closed, and when we finally see each other’s humanity, whatever our differences.”

Unlike many of Obama’s LGBT critics, people at the Pride reception welcomed the president warmly with thunderous applause and cheers as he and Vice President Joseph Biden entered the East Room, where the reception was held.

An estimated 300 people were expected to attend the event, although the actual number in attendance appeared closer to 100 as the event took place.

According to people familiar with Tuesday’s reception, invitees were restricted to the heads of state equality groups, U.S. House members, LGBT people with compelling stories and a contingent of LGBT youth. The leaders of national LGBT organizations didn’t receive invitations.

During the event, Obama addressed two changes his administration is making to afford more rights to LGBT people and their families. The newly announced changes cap off a series of pro-LGBT changes his administration has made in recent weeks in apparent connection with June as Pride month.

The first change, formally issued earlier in the day by the Labor Department, sets new rules to reinterpret the Family & Medical Leave Act to include same-sex couples and their children.

“And in an announcement today, the Department of Labor made clear that under the Family & Medical Leave Act, same-sex couples — as well as others raising children — are to be treated like the caretakers that they are,” Obama said.

According to a statement from the Labor Department, the Obama administration reinterpreted the definition of “son and daughter” under FMLA to extend family leave rights to any worker who cares for a child, including the same-sex partner of a biological parent.

FMLA, enacted in 1993, allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for loved ones, or themselves, and allows employees to take time off from work for the adoption or the birth of a child.

Obama also touted recent actions by the Department of Health & Human Services following through on an April hospital memorandum. Obama’s order directed HHS to work on implementing regulations in which hospitals receiving Medicare and Medicaid funding must allow same-sex partners to have hospital visitation rights and the ability to make emergency medical decisions for each other.

The president said Health & Human Services Secretary Kathleen Sebelius on Tuesday sent a letter asking hospitals “to adopt these changes now — even before the rule takes effect.”

Following the White House Pride reception, the Department of Health & Human Services made public the letter that Sebelius sent to hospitals with the request for “voluntary support” until new regulations are published.

“Your actions could spare many patients the pain of being separated from a loved one during an admission to a hospital — often one of the most anxious times in their lives,” Sebelius wrote.

In addition to announcing new administrative changes, the president also renewed his call for legislative changes to eliminate discrimination against LGBT people.

Obama reiterated his call to repeal the Defense of Marriage Act, citing his belief that LGBT couples “deserve the same rights and responsibilities afforded to any married couple in this country.” He also called on Congress to approve a trans-inclusive Employment Non-Discrimination Act.

“No one in America should be fired because they’re gay,” Obama said. “It’s not right, it’s not who we are as Americans, and we are going to put a stop to it.”

Obama also called for an end of “Don’t Ask, Don’t Tell,” citing recent congressional votes to repeal the statute and an upcoming vote in the full Senate on the defense budget bill to which repeal language is attached.

“We have never been closer to ending this discriminatory policy,” Obama said. “And I’m going to keep on fighting until that bill is on my desk and I can sign it.”

The president said the “Don’t Ask, Don’t Tell” repeal compromise Congress pushed forward is the best way to approach an end to the law because the measure allows the Pentagon to complete its review by the end of this year.

Obama said the review process is important not only to have the votes for passage in Congress, but to ensure “the change is accepted and implemented effectively.”

A number of high-profile LGBT Americans were at the reception, including some who’ve recently made headlines.

Notables included Constance McMillan, the lesbian high school student from Aberdeen, Miss. who was barred from taking her girlfriend to prom; Janice Langbehn, a lesbian whose inability to see her dying partner in the hospital prompted Obama to issue the hospital memorandum; and Chely Wright, the country music singer who recently came out as lesbian and performed earlier this month at Capital Pride.

Also in attendance were Reps. Jerrold Nadler (D-N.Y.) and Patrick Murphy (D-Pa.), as well as gay Reps. Jared Polis (D-Pa.) and Tammy Baldwin (D-Wis.).

Other attendees were high-ranking members of the Obama administration, including White House Chief of Staff Rahm Emanuel and Tina Tchen, director of the White House Office of Public Engagement.

Openly gay administration officials at the event included John Berry, director of the U.S. Office of Personnel Management; Fred Hochberg, president of the U.S. Export-Import Bank; Nancy Sutley, chair of the White House Council on Environmental Quality; and Brian Bond, LGBT liaison for the White House.

Tuesday’s reception capped a series of other events this week in various executive departments celebrating June as Pride month. These celebrations featured remarks from high-profile officials in the Obama administration, including U.S. Attorney General Eric Holder and Secretary of State Hillary Clinton.

At the White House reception, the contingent of LGBT youth received special attention from Obama for what he said was bravely standing up for themselves and seeking visibility.

“It’s not easy standing up all the time and being who you are,” he said. ”But they’re showing us the way forward. These young people are helping to build a more perfect union, a nation where all of us are equal; each of us is free to pursue our own versions of happiness.”

Obama said the young LGBT people at the White House reception served as a reminder that “we all have an obligation to ensure that no young person is ever made to feel worthless or alone — ever.”

Among the LGBT youth present at the White House reception was Morgan Keenan, an advisor for an LGBT youth group based in St. Louis, Mo. known as Growing American Youth.

Keenan said prior to the president’s remarks, Obama met with 15 or 16 young people who identified as LGBT — including two young people who came as part of Keenan’s delegation from St. Louis.

“For the youth that I brought, it’s going to change their world,” Keenan said. “They’re going to come out of there different than when they went in, but I hope that he listens to them.”

People at the event — many of whom were donors and contributors to the Democratic Party — largely had kind words about Obama and the progress his administration has made on LGBT issues.

Estevan Garcia, a gay pediatrician and New York resident, said he came to the reception representing the Family Equality Council, a national LGBT family organization to which he noted he often donates.

Garcia said family issues are particularly important to him and his partner because he’s married and has three children. He described the president’s remarks during the reception as “right on.”

“We’re big supporters and have been for a while,” Garcia said. “We felt that he really is working behind the scenes a little bit to push our causes.”

Garcia said the advancement of LGBT issues is “a slow process” and he’s willing to give Obama “the benefit of a doubt” on the matter.

Similarly appreciative of Obama’s efforts was George Meldrum, a gay Democratic lobbyist and activist from Wilmington, Del.

“I like the direction he’s going,” Meldrum said. “I understand the nature of politics and I’m very patient, partly because of the nature of the work that I do. Politics is all about compromise.”

Meldrum, 62, commended Obama for making pro-LGBT changes through administrative action, which he said enables the president to move forward without going through the legislative system, where he might not find success.

“He’s saying the right things and I think he’s doing the right things,” Meldrum said. “His plate is very full. We’re one of the things on that plate.”

But one reception attendee who was critical of the Obama administration’s progress was Alexandra Beninda, a transgender D.C. resident and Democratic activist.

Beninda said the president’s remarks during the reception — as they were during his campaign — were “very hopeful and encouraging and all that,” but she’s seeking more.

“I do get feeling that a lot more could be done and wonder what direction we can point them in terms of trying to get things done,” she said.

Citing concern about the failure so far to pass ENDA, Beninda said current law is creating an environment where “people are getting fired from their jobs and being denied jobs on a daily basis.”

“Basically, what it comes down to is you have an administration and a Democratic Legislature that is allowing discrimination on a regular basis and not taking the right steps to do anything about it,” she said.

Beninda said she wants Obama to be “a lot more forceful” with Congress to prompt lawmakers to action on ENDA and other pro-LGBT bills.

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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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