News
Lesbian, trans Defense nominees sail through confirmation hearings
Biden picks exemplify change after LGBTQ bans lifted
Two nominees, one lesbian and one transgender, sailed though a breezy confirmation hearing on Wednesday for high-ranking positions at the Defense Department.
Among the five nominees questioned before the Senate Armed Services Committee were Shawn Skelly, whoās transgender and nominated to become assistant secretary of defense for readiness, and Gina Ortiz Jones, whoās a lesbian and nominated to become under secretary of the Air Force.
The LGBTQ nominees for the high-ranking posts stand out in the wake of the Biden administration enacting to reverse the transgender military ban enacted under President Trump, as well as the coming anniversary of the lifting of āDonāt Ask, Donāt Tell.ā
Both Jones, a former Air Force pilot, and Skelly, a 20-year veteran of the U.S. Navy, served in the U.S. military at times when they would have been discharged due to their sexual orientation or gender identity.
Jones made a reference to serving under āDonāt Ask, Donāt Tellā as part of her opening statement for the confirmation hearing.
āMy experience in the Air Force was hindered by the āDonāt Ask, Donāt Tellā policy, yet I to remain undeterred because of my desire to serve our country,ā Jones said. āThat experience cemented my resolve to ensure anyone ready and able to serve can do so to their full potential and accordingly our country’s fullest potential.ā
Annise Parker, CEO of LGBTQ Victory Institute, said in a statement the nominations of the LGBTQ individuals to high-ranking Defense roles is significant.
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āThese two trailblazing nominees demonstrated their deep military expertise and qualifications before the committee and we know their experiences as LGBTQ people will shape their leadership in these critical positions,ā Parker said. āTheir performance was a powerful testament to the progress our military and nation has made ā just one decade after the repeal of āDonāt Ask, Donāt Tellā ā and is an important moment for LGBTQ service members who served or continue to serve in silence. Their confirmation will transform perceptions of LGBTQ people within the ranks of the U.S. military, but also among the leaders of militaries we work with around the world.ā
No member of the committee objected to ā or even pointed out ā the sexual orientation or gender identity of the nominees. In fact, Sen. James Inhofe (R-Okla.), who had openly called for codifying the transgender military ban into law as opposed to reversing it, notably recognized Skellyās gender identity by referring to her as āMs. Skellyā when addressing her.
Questions, instead, comprised issues related to the U.S. military, including rooting out āextremismā in the military, competition with China, access to care at medical facilities and the U.S. military being the biggest single consumer of fossil fuels.
Skelly, in her opening statement, said she was āsimultaneously humbled and inspiredā over being nominated for the role as assistant secretary of defense for readiness, which includes being responsible for recruitment, career development, pay and benefits, and oversight of the state of military readiness.
āAs a retired Naval flight officer, the importance of the department safety and professional military education programs, and the manner in which they support the readiness of the total force are deeply ingrained in me, and if confirmed, I will ensure they receive the priority and focus they deserve,ā Skelly said.
Jones and Skelly are two of three pending LGBTQ nominees for high-ranking Defense positions. The other is Brenda āSueā Fulton, a lesbian who had advocated for āDonāt Ask, Donāt Tellā repeal and was nominated to become assistant secretary of defense for manpower and readiness.
It wasnāt immediately clear why Fulton wasnāt among the nominees questioned on Wednesday even though she was nominated at the same time. The Senate Armed Services Committee didnāt respond Wednesday to the Washington Bladeās request for comment.
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.
āThis rule ensures that people nationwide can access health care free from discrimination,ā said HHS Secretary Xavier Becerra. āStanding 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.ā
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.
āHealthcare 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 Actās healthcare nondiscrimination law,ā said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.
āThe 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,ā Gonzalez-Pagan added. āThe 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 ā especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities ā 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.ā
In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administrationās 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,Ā 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:
āThe Biden administrationās 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. Todayās 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.ā
Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.
House Bill 785, also known as the Freedom to Read Act, would establish a state policy āthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā
Moore on Thursday also signed House Bill 1386, which GLSEN notes will ādevelop guidelines for an anti-bias training program for school employees.ā
The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.
Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions. The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.
The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”
“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”
Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā
The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.
Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā
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