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New HHS reg seeks non-discrimination in health care as monkeypox spreads

Proposed rule bars strengthens protections for LGBTQ patients

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A new regulation proposed by the Biden administration seeks to ensure non-discrimination in health care settings for women who have had abortions and LGBTQ people at a time when monkeypox cases continue to increase and fears persist after the U.S. Supreme Court overturned Roe v. Wade.

The new regulation, announced Monday by the Department of Health & Human Services, would interpret Section 1557 of the Affordable Care Act to apply more broadly to the definition of sex after the court’s earlier 2016 decision in Bostock v. Clayton County, which determined anti-LGBTQ discrimination was an illegal form of sex discrimination. The rule would enhance the prohibition discrimination on the basis of sex in health care settings and federally funded health care programs consistent with the law.

The regulation also institutes non-discrimination protections for intersex traits; and pregnancy or related conditions, including pregnancy termination; and people with limited English proficiency.

Xavier Becerra, secretary of health and human services, announced the proposed rule on Monday during a conference call with reporters and said it would ensure communities that have had barriers to accessing health care would be able to obtain it.

“Everyone in America should be able to get the care that they need from any health provider in the country, especially if they’re that provider is receiving funding from HHS,” Becerra said. “We want to make sure that Americans are free from discrimination when they try to access the care that they need. Pretty simple proposition.”

Becerra, asked by the Washington Blade how he sees the proposed rule playing out as part of the Biden administration’s approach to the monkeypox outbreak among gay and bisexual men, said the rule makes clear discrimination in health care is unacceptable and enables LGBTQ people to file a complaint with the Office of Civil Rights at the Department of Health & Human Services.

“The reality is that today, the issue of monkeypox, you should not face any discrimination when it comes to the issue of accessing the health care services you might need to address monkeypox,” Becerra said.

The new regulation doesn’t appear to be timed as a means to address monkeypox, but a follow-up to an earlier commitment from the Biden administration to make the change.

The proposed rule is similar to a regulation in the final years of the Obama administration, which interpreted the language of Section 1557 to bar discrimination based on sex stereotypes and gender identity. The rule, however, was rescinded during the Trump administration under HHS Director of the Office of Civil Rights Roger Severino, who bucked the decision in Bostock and reversed the rule pursuant to an earlier lower federal court ruling in Texas.

Melanie Fontes Rainer, now the director of the Office of Civil Rights under the Biden administration, said on the call that restoring non-discrimination protections after they were rescinded makes health care more accessible for everyone.

“The 2020 version of this rule narrowed its scope to cover fewer health programs and activities, limiting vital non-discrimination protections for so many across the country,” Rainer said. “The proposed rule proposes revisions to Section 1557 implementing regulation by restoring and strengthening provisions that protect individuals from discrimination and health programs and activities”

The Biden administration rule, however, is different from the Obama-era rule in key aspects. For starters, the Biden-era rule explicitly prohibits discrimination on the basis of sexual orientation in addition to other sex-based categories that were articulated before, using the Supreme Court’s decision in Bostock as justification.

The newer regulation also contains language that interprets Medicare Part B as federally funded assistance and includes an explicit exemption for health care providers who have objections to certain procedures, such as abortion and gender reassignment surgery. The exact breadth of the religious exemption wasn’t immediately clear.

Becerra said during the call the religious conscience provision was included as a result of stakeholder feedback and is consistent with the Biden administration’s goal to protect the rights of people in health care settings.

“That is also part of the work that we do, and we don’t believe that there’s any inconsistency in making sure that people are accessing care without discrimination,” Becerra said.

Becerra, asked during the call about the timeline for the rule, said he expects it will be made final before the end of this year and after the formal 90-day comment period.

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Africa

Senegalese NGO claims new president discussed LGBTQ rights with top EU official

Jamra Ong Islamique demands government expedite anti-LGBTQ law

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Senegalese President Bassirou Diomaye Faye (Screen capture via Reuters/YouTube)

A Senegalese NGO has called on the government to expedite the process of enacting an anti-LGBTQ law after the country’s new president met with a top EU official.

Jamra Ong Islamique made the call during a press conference last Wednesday after newly elected Senegalese President Bassirou Diomaye Faye met with European Council President Charles Michel.

Mamae Makhtar Gueye of Jamra Ong Islamique claimed the meeting between the two dignitaries involved an acknowledgment of LGBTQ rights in Senegal. Gueye said Michel is an LGBTQ ally who wants to change Senegal’s cultural customs that do not condone LGBTQ rights.

“His ardent proselytism for the expansion of LGBT ideology could not leave Jamra indifferent,” said Gueye. “Countries including Gabon, Central African Republic, and Mauritius, amongst others, that underestimated the nuisance of these propagandists of homosexuality paid dearly for it because these global lobbyists ended up legalizing this abomination, so beware.”Ā 

Gueye, however, has received a lot of backlash and has been accused of not raising the same sentiments during the tenure of former President Macky Sall, who also met with Michel.

“Did he come as a defender of the LGBT cause or as a European official? Did he come to talk about LGBT rights or partnership agreement between the European Union and Senegal?,” asked Ahmadou Diaw, a Senegalese academic. “Mr. Gueye should know when to alert and when to shut up.”

Cheikh MaĆÆ Niang, a social commentator, described Jamra as a “useless organization” that is focused on restricting the freedom of the Senegalese people.

“They are absolutely good for nothing apart from eating the taxpayer’s money,” said Niang. “Where is the democracy we cry about everyday? Seems like they are here to restrict the freedom of the Senegalese people.”

“Not everyone is interested in religion,” added Niang. “We wasted too much time with these useless things. Let’s talk about developing the country. People should live their lives in the manner they want.”

Jamra has previously made proclamations against the LGBTQ community.

The organization in February ā€” before Senegal’s presidential election that took place on March 24 ā€” accused the EU Electoral Observation Mission to Senegal of wanting to indoctrinate Senegalese people with their pro-LGBTQ narrative.

Senegal does not have a law that specifically criminalizes those who identify as LGBTQ or advocate for them. Article 319 of the country’s penal code criminalizes consensual same-sex sexual relations with a fine and between one and five years in prison.

Some Senegalese lawmakers have sought to increase the prison sentence to 10 years for anyone convicted of engaging in homosexuality. These efforts thus far have not been successful.

Samm Jikko Yi (Together for the Safeguarding of Values), an Islamic lobby group that includes many organizations, in 2022 organized an anti-LGBTQ demonstration in Dakar, the country’s capital. Protesters called for harsher penalties for Senegalese who identify as LGBTQ and/or advocate for LGBTQ rights.

The Washington Blade in 2022 noted LGBTQ people have suffered physical and sexual abuse while in prison.

Senegal’s deep religious roots, which are largely Islamic, have contributed to the lack of tolerance of LGBTQ people in the country. This reality has prompted LGBTQ Senegalese to either flee the country or remain in the closet.

Media reports indicate there are fewer bars, clubs and other places where LGBTQ people can freely socialize.

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Maryland

What Anne Arundel County school board candidates think about book bans

State lawmakers passed Freedom to Read Act in April

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Parents in some Maryland school districts have organized campaigns to restrict the kinds of books allowed in school libraries. (Photo by Kylie Cooper/Baltimore Banner)

BY ROYALE BONDS | Parentsā€™ efforts to restrict content available to students in school libraries has become a contentious issue in Maryland. Conservative parent groups, such as Moms for Liberty, have been working to get books they believe are inappropriate removed from libraries in Carroll and Howard counties, sparkingĀ protests, new policies, and even aĀ state law.

The Freedom to Read Act, passed in April, sets standards that books cannot be removed from public and school libraries due to an authorā€™s background. Library staff that uphold the standard are protected under this act. The law, however, does not prohibit removing books deemed ā€œsexually explicit,ā€ the stated reason local Moms for Liberty chapters challenged school library books.

The rest of this article can be read on the Baltimore Banner website.

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District of Columbia

D.C. Council member proposes change for Mayorā€™s Office of LGBTQ Affairs

Parker also seeks increased funding for LGBTQ programs in FY 2025 budget

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D.C. Council member Zachary Parker (D-Ward 5) (Washington Blade file photo by Michael Key)

D.C. Council member Zachary Parker (D-Ward 5), the Councilā€™s only LGBTQ member, has asked his fellow Council members to support a proposal to change the Mayorā€™s Office of LGBTQ Affairs to become a ā€œstand-alone entity outside the Executive Office of the Mayor to allow for greater transparency and accountability that reflects its evolution over the years.ā€

In an April 30 letter to each of his 12 fellow Council members, Parker said he plans to introduce an amendment to the cityā€™s Fiscal Year 2025 Budget Support Act to make this change for the LGBTQ Affairs Office.

His letter also calls for adding to the cityā€™s FY 2025 budget two specific funding proposals that local LGBTQ activists submitted to D.C. Mayor Muriel Bowser that the mayor did not include in her budget proposal submitted to the Council. One calls for $1.5 million to fund the completion of the build out and renovation for the D.C. Center for the LGBTQ Communityā€™s new building in the cityā€™s Shaw neighborhood and $300,000 in subsequent years to support the LGBTQ Centerā€™s operations.

Parkerā€™s second budget proposal calls for what he said was about $450,000 to fund 20 additional dedicated LGBTQ housing vouchers as part of the cityā€™s existing program to provide emergency housing support for LGBTQ residents and other residents facing homelessness.

ā€œThe Office of LGBTQ+ Affairs currently manages about 90 vouchers across various programs and needs,ā€ Parker said in his letter to fellow Council members. ā€œAdding an additional 20 vouchers will cost roughly $450,000,ā€ he wrote, adding that dedicated vouchers “play a crucial role in ensuring LGBTQ+ residents of the District can navigate the complex process of securing housing placements.ā€

In her proposed FY ā€™25 budget, Bowser calls for a 7.6 percent increase in funding for the Office of LGBTQ Affairs, which amounts to an increase of $132,000, bringing the officeā€™s total funding to $1.7 million.

ā€œTo be clear, I support the strong work and current leadership of the Office of LGBTQ+ Affairs,ā€ Parker says in his letter to fellow Council members. ā€œThis push for change is in recognition of the officeā€™s notable achievements and the significant demands being placed on it, which require a greater level of accountability.ā€

Parker told the Blade in an April 30 telephone interview that he believes Japer Bowles, the current director of the Office of L|GBTQ Affairs is doing an excellent job in operating the office, but he believes the office would be able to do more for the LGBTQ community under the change he is proposing.

ā€œMaking it a stand-alone office versus it being clustered within the Community Affairs division of the mayorā€™s office, it will get more attention,ā€ Parker told the Blade. ā€œThe leadership will have greater flexibility to advocate for the interest of LGBTQ residents, And we will be able to conduct greater oversight of the office,ā€ he said, referring to the Councilā€™s oversight process.

Parker noted that other community constituent offices in the mayorā€™s office, including the Office of Latino Affairs and the Office of Veterans Affairs are stand-alone offices that he hopes to bring about for the LGBTQ Affairs Office. He said Council member Brianne Nadeau, who chairs the Council committee that has oversight for the LGBTQ Affairs Office, has expressed support for his proposal.

Also expressing support for Parkerā€™s proposal to make the LGBTQ Affairs Office a stand-alone office is the D.C. Advisory Neighborhood Commission Rainbow Caucus. Vincent Slatt, the caucusā€™s chairperson, submitted testimony last week before the D.C. Council Committee on Public Works and Operations, which is chaired by Nadeau, calling for making the LGBTQ Affairs Office a stand-alone office outside the Executive Office of the Mayor.

Slatt also stated in his testimony that the office has a ā€œchronic staffing shortageā€ and recommended that at least three additional staff members be assigned to the office.

Daniel Gleick, the mayorā€™s press secretary, told the Blade the mayorā€™s office is reviewing Parkerā€™s budget proposals, including the proposed change for the Office of LGBTQ Affairs.

But in testimony at a May 1, D.C. Council budget hearing before the Councilā€™s Committee on Executive Administration and Labor, Lindsey Parker, Mayor Bowserā€™s Chief of Staff, appeared to express skepticism over making the LGBTQ Affairs office a stand-alone office. Lindsey Parker expressed her thoughts on the proposed change when asked about it by Councilmember Anita Bonds (D-At-Large), who chairs the committee that held the hearing.

ā€œI would proffer that it doesnā€™t matter whether the agency is within the EOM [Executive Office of the Mayor] or not,ā€ Lindsey Parker told Bonds. ā€œThey will still be reporting up into one would argue the most important agency in the D.C. government, which is the one that supports the mayor,ā€ Lindsey Parker said. ā€œSo, itā€™s the closest to the mayor that you can get,ā€ she said ā€œSo, you could pull it out and have a different budget chapter. I actually think thatā€™s confusing and convoluted.ā€

Lindsey Parker added, ā€œThe Mayorā€™s Office of LGBTQ Affairs, with their six FTEs right now, if they were a stand-alone function they wouldnā€™t have all the non-personnel services in order to operate. They need to be under sort of the shop of the EOM in order to get those resources.ā€Ā 

By FETs Lindsey Parker was referring to the term Full Time Equivalent employees. Ā 

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