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Report details U.S. efforts to promote LGBTQ rights abroad

White House policy memo issued in 2021

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Deputy Secretary of State Wendy Sherman and other State Department officials help raise the Progress Pride flag over the State Department on June 25, 2021. (Washington Blade photo by Michael K. Lavers)

The State Department on Thursday released a report on the implementation of President Biden’s memo that committed the U.S. to the promotion of LGBTQ rights abroad.

The report notes last June’s appointment of Jessica Stern as the special U.S. envoy for the promotion of LGBTQ rights abroad and the issuance of passports with “X” gender markers that began on April 11.

Stern on Thursday told reporters during a conference call the State Department has created the Global LGBTQI+ Inclusive Democracy and Empowerment Initiative “that seeks to ensure democracies are inclusive of LGBTQI+ persons, representative of their communities and families and responsive to their needs and concerns.” Stern also noted roughly 60 percent of Peace Corp posts have implemented “specific LGBTQI+ equity practices within their operations.”

Stern highlighted the U.S. supported the inclusion of sexual orientation and gender identity in a resolution in support of “democratization and enhancing periodic and genuine elections” the U.N. General Assembly adopted last November. Stern also noted the U.S. Agency for International Development again tracks how its foreign assistance programs promote LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank who is the first openly lesbian American ambassador, on Wednesday told the Washington Blade during an exclusive interview that she expects the U.S. government will endorse a proposed LGBTQ-specific safeguard for the ADB. Stern on Thursday noted the Department of Homeland Security has issued guidance to recognize informal same-sex marriages for the purposes of obtaining refugee or asylee status, even if they are not officially recognized by officials in countries of origin.”

The report also highlights how the Commerce, Defense, Justice, Labor, Treasury and Health and Human Services have implemented the memo that Biden issued in February 2021.

“This memorandum makes clear that promoting and protecting the human rights of LGBTQI+ persons is a U.S. foreign policy priority,” said Stern. “The report outlines how U.S. government agencies engaged abroad are working to become LGBTQI+ inclusive. It shows that many individual actions across the U.S. government taken as a whole create institutional change and improves the daily lives of LGBTQI+ persons.”  

Secretary of State Antony Blinken in a statement echoed Stern.

“It remains vitally important that we address the violence and discrimination faced by LGBTQI+ persons while acknowledging the effects of the intersections of race and ethnicity, gender, disability, religion and national origin, to name a few,” said Blinken. 

“As the report demonstrates, the U.S. government advances these priorities by supporting efforts to end the criminalization of LGBTQI+ status and conduct, seeking to protect vulnerable LGBTQI+ refugees and asylum seekers, providing foreign assistance to protect the human rights of LGBTQI+ persons and advancing  non-discrimination protections, responding to human rights abuses of LGBTQI+ persons abroad, building coalitions of like-minded nations, and engaging international organizations in the fight against LGBTQI+ discrimination,” added Blinken. “Our collective efforts drive toward the goal of ending violence and discrimination on the basis of sexual orientation, gender identity or expression, and sex characteristics. Equality and equity build stronger societies for all.”

USAID Administrator Samantha Power on Thursday said the memo “was a call to action based on a simple premise: That all human beings should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love.”

“Over the past year, as todayā€™s report demonstrates, USAID has made important progress toward achieving these ambitions through a commitment to LGBTQI+ inclusive development in our policies and programs that reach millions of people around the world,” said Power.

The full report can be read here.

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Federal Government

Biden-Harris administration takes major step toward reclassifying marijuana

New regulations could lessen criminal penalties for cannabis

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President Joe Biden discusses his administration's move toward reforming drug policy on cannabis (Screen capture: X)

The U.S. Department of Justice on Thursday took a major step toward loosening the federal government’s regulation of marijuana by issuing a Notice of Proposed Rulemaking to the Drug Enforcement Administration, which outlines a proposal to reclassify it under the federal Controlled Substances Act.

The move comes pursuant to the Biden-Harris administration’s April 30 announcement of plans to recategorize cannabis as a Schedule III substance, which could substantially lessen the criminal penalties for those convicted of using, possessing, selling, distributing, or cultivating the drug.

A 60-day public comment period will begin after the NPRM is published on the Federal Register, along with a concurrent review of the proposed regulatory reforms by an administrative law judge assigned by the DEA.

Since the CSA was passed in 1971, cannabis has been listed under Schedule I, the category reserved for drugs that are considered to be the most dangerous and lacking any currently accepted medical use in the U.S.

In a press release, a senior administration official noted that “marijuana is currently classified higher than fentanyl and meth ā€“ the drugs driving our Nationā€™s overdose epidemic.”

President Joe Biden posted a video on X in which he said the proposal to house cannabis under the Schedule III regulatory regime constitutes “an important move towards reversing longstanding inequities.”

“Todayā€™s announcement builds on the work weā€™ve already done to pardon a record number of federal offenses for simple possession of marijuana,” the president said. “It adds to the action weā€™ve taken to lift barriers to housing, employment, small business loans, and more for tens of thousands of Americans.”

“Look folks no one should be in jail for merely using or possessing marijuana,” Biden said. “Period.”

The president added, “Far too many lives have been upended because of a failed approach to marijuana and Iā€™m committed to righting those wrongs. You have my word on it.”

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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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Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday ā€” all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

ā€œThe U.S. Department of Education has no authority to let boys into girlsā€™ locker rooms,ā€Ā Tennessee Attorney General Jonathan Skrmetti said in a statement. ā€œIn the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, ā€œThese regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule ā€œprotects LGBTQ+ students from discrimination and other abuse,ā€Ā adding that it “appropriately underscores that Title IXā€™s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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