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HRC president terminated after dispute with board on his role in Cuomo affair

David vows lawsuit to challenge termination

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Alphonso David, gay news, Washington Blade, HRC National Dinner

Human Rights Campaign President Alphonso David has been terminated as head of the nation’s leading LGBTQ group following a public dispute with the board over his role in the Andrew Cuomo scandal.

Jodie Patterson and Morgan Cox, co-chairs of the Human Rights Campaign, issued a statement late Monday explaining the decision that David, the first Black president of the LGBTQ group, was being terminated under the “for cause” provision of his contract.

“At HRC, we are fighting to bring full equality and liberation to LGBTQ+ people everywhere. That includes fighting on behalf of all victims of sexual harassment and assault,” Patterson and Cox wrote. “As outlined in the New York Attorney General report, Mr. David engaged in a number of activities in December 2020, while HRC President, to assist Gov. Cuomo’s team in responding to allegations by Ms. Boylan of sexual harassment. This conduct in assisting Governor Cuomo’s team, while president of HRC, was in violation of HRC’s Conflict of Interest policy and the mission of HRC.”

According to the statement, the boards for the Human Rights Campaign and Human Rights Campaign Foundation voted to terminate David. The board names Joni Madison, the current chief operating officer of the Human Rights Campaign as interim president effective immediately as board members engage in a search to replace David as president.

The decision to fire David comes after public sniping between him and the board co-chairs on the independent review the Human Rights Campaign initiated after he was named nearly a dozen times in the report issued by New York Attorney General Letitia James.

Both the Human Rights Campaign campaign board and the Human Rights Campaign voted to terminate David. A source familiar with the vote said it happened Monday night and no one voted “no” in either case. The campaign board vote was unanimous and there were two abstentions in foundation board vote, the source said.

The source familiar with the vote said David never told Human Rights Campaign he was helping Cuomo during his role as Human Rights Campaign president or talking to the New York attorney general. The first board members heard about it was when it hit the press, the source said.

According to a report in the New York Times, a person familiar with the deliberations among the HRC board said that David “never told the organization that he was helping to advise Mr. Cuomo when the accusations came to light.” Further, David didn’t consult the LGBTQ groupā€™s counsel, or inform them he was going to be interviewed by Jamesā€™s office, the Times reported.

The ignominious outcome of David’s tenure at the Human Rights Campaign comes after two years with him at the helm of the organization. Observers had high hopes for him as the first person of color to run the nation’s leading LGBTQ group, which he took into new directions with a foray into legal work on LGBTQ rights.

David, via Twitter, where his profile as of Tuesday morning still identifies him as HRC president, vowed to fight the decision to terminate him in court.

 ā€œAs a Black, gay man who has spent his whole life fighting for civil and human rights, they cannot shut me up,ā€ David wrote. ā€œExpect a legal challenge.ā€

The board identified as reasons for termination David’s inability to serve as the public face of the Human Rights Campaign as well as “material damage” David has caused to the Human Rights Campaign as evidenced by media coverage and “hundreds of calls, emails and other negative communications HRC has received from staff, members of the Board of Governors, volunteers, program partners, general members, supporters, corporate partners, political figures, and more expressing serious concern with Mr. Davidā€™s conduct and its inconsistency with the values and mission of HRC.”

“This is a painful moment in our movement,” Patterson and Cox said. “While the Boardā€™s decision is not the outcome we had ever envisioned or hoped for in terms of Mr. Davidā€™s tenure with HRC, his actions have put us in an untenable position by violating HRCā€™s core values, policies and mission.”

Over the weekend, David tweeted in a statement the board came to him late Friday telling him the review is completed, but suggested he resign even though they could produce no evidence of wrongdoing.

“I have the support of too many of our employees, board members and stakeholders to walk away quietly into the night,” David said. “I am not resigning.”

The next day, the board sent the email to their fellow members, saying they were “surprised and disappointed by the inaccuracies in his portrayal of events.” The email was shared with the Blade and three sources confirmed its accuracy.

Among the “mischaracterizations” identified by the board was David’s “assertion that there was ‘no indication of wrongdoing on his part.'”

David has said from the beginning he has committed no wrongdoing and wouldn’t resign as HRC president, even though other activists caught up in the scandal ā€” Tina Tchen, president of “Time’s Up,” and Roberta Kaplan, board member of the same organization ā€” made the decision to step down.

After the HRC board email became public on Monday, David issued a subsequent statement on Twitter: “The facts are that I was contacted by the board co-chairs late Friday night,” David wrote. “They told me that the Sidley Austin review was complete, but they would not provide the report to me or anyone. They gave me a deadline of 8 am the next morning to tell them whether I would resign. They didn’t offer a shred of evidence of any wrongdoing on my part when I asked repeatedly.”

At the time news of the New York attorney general report emerged, the board initially supported David, and renewed his contract for five years. The next week, however, the Human Rights Campaign board and David announced they had agreed to an independent review on his involvement in the Cuomo scandal that would be conducted by Sidley Austin LLP and last no longer than 30 days.

Sidley didn’t respond to multiple requests from the Washington Blade to comment over the weekend on the review. The board chairs have indicated the results of the review would be confidential.

According to the New York Times, the person familiar with the review, said there was no written report and there was never going to be one. Instead, there were oral presentations to the board. David is said to have given names to the board of people who would speak on his behalf during the investigation, in addition to the 10 hours he spent being interviewed, the Times reported.

Some legal experts had doubted the validity of a review by Sidley Austin on the basis it was among the legal firms agreeing in 2019 to help with the Human Rights Campaign entering into litigation to advance LGBTQ rights, an agreement David spearheaded upon taking the helm of the organization.

New York Attorney General Letitia James’s report on Cuomo names David nearly a dozen times. Among other things, the report indicated after his tenure as counselor to Cuomo, he kept the personnel file of an employee accusing the governor of sexual misconduct, then assisted in returning that file to Cuomo staffers seeking to leak it to the media in an attempt to discredit her.

(A representative has disputed the characterization of materials David kept as a personnel file, saying it was memorandum on an internal employment matter David kept because he, in part, worked on it. David has said he was legally required to return the material.)

Further, the report finds David allegedly said he would help find individuals to sign their names to a draft op-ed that sought to discredit the survivor but went unpublished, although he wouldnā€™t sign the document himself. Also, the report indicates David was involved in the discussions about secretly calling and recording a call between a former staffer and another survivor in a separate effort to smear her.

In response, David said he agreed to help with only one version of the letter that was more positive in nature and his part in the discussion about recording a survivor was limited to his role as counselor.

The nation’s leading LGBTQ group is now faced with the task of finding a new president at a time of significant challenges for the movement. The Equality Act is all but dead in Congress and numerous states have enacted laws targeting transgender youth, many of which are being challenged by litigation that was filed by the Human Rights Campaign.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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