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Washington Blade sues State Dept. for Grenell’s emails on LGBTQ work

FOIA unanswered nearly one year after it was filed

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Ric Grenell, Richard Grenell, gay news, Washington Blade

The Washington Blade, the nation’s oldest LGBTQ newspaper, has filed a lawsuit in federal court seeking the emails of Richard Grenell, the face of LGBTQ outreach for President Trump, regarding his work on a global initiative to decriminalize homosexuality.

The complaint was filed Tuesday in the U.S. District Court for the District of Columbia against the State Department and contends the continued delay in responding to a request under the Freedom of Information Act for the emails violates the law, which requires an expeditious process in responding to requests.

Chris Johnson, White House reporter for the Washington Blade, is a named plaintiff and said the lawsuit is intended to aid in efforts to learn more about the Trump administration’s initiative, which some highlighted as evidence that former President Trump supported LGBTQ people.

“Our litigation goals are obtaining the information sought in our FOIA request to educate the public on the extent the Trump administration was committed to the initiative to decriminalize homosexuality,” Johnson said. “Our readers are interested in knowing how the initiative Grenell led was received in the Trump administration and any support he found or opposition he encountered.”

Although the request was made in September 2020, the State Department has said the process for finding and handing over the emails would not be complete until October 2023. FOIA requires the U.S. government to respond to a request within a matter of weeks, not months or years.

“This marks the second time in a year the Blade has filed suit to force our government to comply with the law and respond in a timely manner to FOIA requests,” said Blade Editor Kevin Naff. “We expect the State Department to respond to this action in a timely manner so we can get answers to these important questions.”

An estimated 69 countries still have laws on the books making homosexual acts a criminal offense. International LGBTQ advocates have made efforts in recent years to convince these nations to repeal the laws and for the global community to increase penalties and limit access to economic opportunities if these laws remain in place.

Defenders of the Trump administration’s entre into this area said it was evidence the Republican Party was moderating on LGBTQ issues, but critics contended it was a facade with little substance and wasn’t transgender inclusive. At least two countries ā€” Sudan and Gabon ā€” made progress in recent years to decriminalize homosexuality, but there’s no evidence that was because of the efforts under the Trump initiative.

Grenell, a Republican political strategist who helped in the initial phases with Trump’s effort to challenge the 2020 election results, has been the subject of speculation about a run for governor of California. Grenell opted not to enter the gubernatorial recall in California, but has left the door open for a future candidacy.

Representing the Washington Blade in the lawsuit on a pro bono basis is the law firm Davis Wright Tremaine, which has expertise in communications as well as media and entertainment.

Dan Fiedler, an attorney with Davis Wright Tremaine, said the Blade’s lawsuit is important to uphold the principles of the First Amendment.

“We all rely on the First Amendmentā€™s guarantee of freedom of the press to let the Blade play its essential role in American Democracy: Keeping people informed of the most relevant topics of the day, especially topics having to do with our governing officials,” Fiedler said. “The State Department cannot continue to ignore its duties under the Freedom of Information Act, and we are proud to represent the Blade in this suit so it can obtain the simple relief to which it is entitled ā€” access to the government records it requested nearly a year ago.”

Read a copy of the Blade complaint here. All contact information in this version is redacted.

CORRECTION: An initial version of this article misspelled the name of Dan Fiedler and misstated the State Department’s estimated time of completion for the FOIA request. The Blade regrets the errors.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

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 ā€œthat 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 ā€œdevelop guidelines for an anti-bias training program for school employees.ā€

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

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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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administrationĀ last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states ā€” Oklahoma, Louisiana, Florida, and South Carolina ā€” have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a ā€œright to bullyā€ transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools ā€œshould not alter policies or procedures at this time.ā€ Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX ā€œwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā€ apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donā€™t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, ā€œWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā€

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to ā€œgaslighting the country into believing that biological sex no longer has any meaning.ā€ 

Governor Ron DeSantis approved of the letter and stated that Florida ā€œwill not comply.ā€ Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donā€™t Say Gay or Trans” law that was used to force a trans female teacher to go by ā€œMr.ā€

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role ā€œto improve school safety,ā€ and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations ā€œclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā€ The Human Rights Campaign also praised the rule, stating, ā€œrule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā€

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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