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22 LGBT Advances That (Probably) Will Disappear Under A President Romney

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Under a President Mitt Romney, there are at least 22 advances in LGBT civil rights delivered by President Barack Obama that most likely will disappear. While Nancy Pelosi and, to a far lesser extent, Harry Reid, have worked to support civil rights and protections for the gay community, Barack Obama has — sometimes with great fanfare, oftentimes in the shadows — delivered important advances.

Back in 2010, at Change.org, I wrote a somewhat controversial (at the time) article, “Obama’s Gay Rights Come With An Expiration Date,” which stated:

President Obama should know better than to incrementalize gay rights, and tie them to his presidency. And yet, that’s exactly what he’s doing.

President Obama has slowly and quietly doled out rights to the LGBTQ community. These are rights we should have by the very nature of our existence, rights that every other American has upon birth, but the president has doled them out cautiously, meekly, without pomp or circumstance, and, worse, he has tied them to his presidency.

This tactic is problematic for two reasons.

First, by expanding our civil rights by issuing executive orders and memoranda, President Obama’s gay civil rights come with an expiration date. Yes, that’s right. The rights he has decreed, without working through Congress, are tied to his presidency. Any of his successors can, simply with the stroke of a pen, wipe out all our hard-earned rights, just because he or she wants to. Do you honestly think the next Republican president won’t do that?

Today, the Washington Blade’s Chris Johnson posts a long list of 21 LGBT advances a President Romney could — with the stroke of a pen or incrementally — make disappear into a more progressive history.

Asking, “Would President Romney undo pro-LGBT advances?,” Johnson notes:

Many of the pro-LGBT advances that have happened under the Obama administration occurred through changes made by the executive branch rather than through legislation. Changes that were made without the consent of Congress could be reversed under an administration that wanted to cozy up to the religious right.

The Washington Blade has identified five regulatory changes and 16 sub-regulatory changes enacted by the Obama administration that could be reversed if Romney were elected to the White House. These changes include giving greater recognition to same-sex couples, protecting federal LGBT workers against discrimination and ensuring the federal government recognizes the correct gender of transgender people.

The one Johnson doesn’t include in his list of “five regulatory changes and 16 sub-regulatory changes” is the most-obvious: Obama’s support of same-sex marriage equality.

Here’s the list from the Blade:

Regulations

The Administrative Procedures Act provides safeguards against politically motivated policy switches. Thus repealing the policies below would involve a multi-year process.

  • The Department of Health and Human Services (HHS) adopted a regulation ending the ban on HIV-positive visitors and immigrants.
  • President Obama issued Presidential Memorandum in April 2010 directing HHS to issue regulations requiring all hospitals receiving Medicaid and Medicare to prohibit discrimination in visitation against LGBT people. HHS issued a final regulation that went into effect in early 2011.
  • HUD issued final regulations in January 2012 prohibiting discrimination in federal public housing programs and federally insured mortgage loans.  HUD also requires its grantees to comply with LGBT-inclusive state and local housing discrimination protections.
  • The Office of Personnel Management published final regulations in the Federal Register expanding the eligibility for long-term care coverage to same-sex partners and sick leave to care for a same-sex partner.
  •  The federal Prison Rape Elimination Commission proposed national standards to reduce sexual abuse in correctional facilities, including standards regarding LGBT and intersex inmates. They were later instituted as a rule finalized by the Justice Department last month.

Sub-Regulatory Guidance/Policy Announcements

These are policy advances instituted by — and subject to the will of — the administration.

  • The Department of Health and Human Services revised its funding guidance around abstinence-only-until-marriage sex education programs, requiring that recipient programs are inclusive of and non-stigmatizing toward LGBT youth.
  • HHS, in partnership with the Department of Education and Department of Justice, launched stopbullyingnow.com.
  • The U.S. Immigration and Customs Enforcement agency recently released new 2011 Performance Based National Detention Standards.  These new standards provide guidance that aims to improve treatment of LGBT and HIV-positive people in detention facilities.
  • In summer 2011, ICE published a memo and clarifying guidance providing that an individual’s family relationships, including a same-sex relationship, would be considered as a factor in labeling certain deportations as low-priority deportations.
  • The U.S. Customs and Border Patrol announced a proposed regulatory change expanding the meaning of “members of a family residing in one household” for the purposes of the customs declaration form, which must be completed prior to re-entry to the United States.
  • The DOJ issued an opinion clarifying that the criminal provisions of the Violence Against Women Act related to stalking and abuse apply equally to same-sex partners.
  • The State Department revised the standards for changing a gender marker on a passport, making the process less burdensome for transgender people.
  • In September 2011, the Social Security Administration confirmed that it ended the practice of allowing gender to be matched in its Social Security Number Verification System (SSNVS). This resulted in the immediate cessation of SSA sending notifications that alert employers when the gender marker on an employee’s W-2 does not match Social Security records.
  • The State Department extended numerous benefits to the partners of Foreign Service officers, including diplomatic passports and access to emergency evacuation.
  • The State Department reversed a Bush administration policy that refused to use a same-sex marriage license as evidence of a name change for passports.
  • The Department of Education issued guidance clarifying when student bullying may violate federal law, distributed a memo outlining key components of strong state anti-bullying laws and policies and made clear to public schools that gay-straight alliances have a right to form and meet.
  • The Department of Education published guidance and, in coordination with the Department of Justice, has pursued Title IX complaints filed by LGBT students experiencing harassment based on sex or sex stereotyping.
  • OPM added gender identity to the equal employment opportunity policy governing all federal jobs.
  • The Department of Labor issued guidance clarifying that an employee can take time off under the Family and Medical Leave Act to care for a same-sex partner’s child.
  • The IRS clarified that domestic partners (and their children) can be designated beneficiaries for VEBA funding/payment purposes.
  • The Census Bureau overturned the Bush administration’s interpretation of the Defense of Marriage Act and agreed to release data on married same-sex couples along with other demographic information from the 2010 Census.

SOURCE: HRC

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Virginia School Districts Furious After Youngkin Flip Flops on Promise to Allow Local Boards to Decide Mask Mandates

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For months Virginia’s incoming Republican governor has been promising he would neither mandate masks in schools nor ban school districts from requiring them.

“Virginia Governor-elect Glenn Youngkin (R) will not outlaw local COVID-19 mandates when he takes office in January,” reported the far right wing website Daily Wire back in November.

Local ABC affiliate 8 News, also in November reported, “Youngkin won’t try to block local mask, vaccine mandates like other Republican governors.”

Glenn Youngkin was sworn into office on Saturday, January 15, 2022.

Business Insider reports that on Saturday, after Youngkin was sworn into office, he “signed an executive action that banned schools from requiring that students wear masks to stem the spread of COVID-19, instead allowing parents to decide when their children wear masks during the school day.”

Youngkin’s first act as governor was to sign eleven executive orders. Among them: effectively banning any mask mandates in schools across the state, by allowing parents to opt-out for any reason or no reason.

In other words: flip-flopping on his promise.

Youngkin is using his Lt. Governor to threaten angry school districts. Fox News’ John Roberts:

Pundit and political analyst Bill Scher:

Youngkin made a big deal over the weekend claiming schools have to “listen to parents” and if they oppose his mask ban they aren’t listening to parents.

Gov. Youngkin is the one not listening.

In poll after poll after poll after poll Virginia parents make clear they support mask mandates in schools, and Virginians overall support mask mandates, period.

 

 

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Top Democrats Renew Call to End Anti-Gay Blood Ban as Red Cross Announces First-Ever National Shortage Crisis

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Last week the Red Cross issued its first-ever warning of a blood shortage so dire it is calling it a “national crisis.” In response 22 top Democratic Senators signed a letter urging the FDA to once and for all end the ban on men who have sex with men donating blood.

The nearly four-decade old ban was instituted during the early days of the HIV/AIDS crisis. In 2015 the FDA reduced the complete and total ban to one where gay and bisexual men and men who have sex with men could donate blood if they had abstained from sexual activity for one year. In 2020 as the coronavirus pandemic raged, threatening blood shortages, the FDA moved to a three-month prohibition.

“If the nation’s blood supply does not stabilize soon, life-saving blood may not be available for some patients when it is needed,” warns the Red Cross, citing a 34 percent drop in supply, CBS News reports.

“Any policy that continues to categorically single out the LGBTQ+ community is discriminatory and wrong,” the group of 22 top Democrats, led by Senators Tammy Baldwin (D-WI) and Elizabeth Warren (D-MA), say in their letter. “Given advances in blood screening and safety technology, a time-based policy for gay and bisexual men is not scientifically sound, continues to effectively exclude an entire group of people, and does not meet the urgent demands of the moment.”

Blood Shortage MSM Donor Deferral Letter FDA HHS Jan 2022 Final by David Badash on Scribd

 

Image by ec-jpr via Flickr and a CC license

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PARTNERING WITH HATE AND ANTI-IMMIGRANT GROUPS

‘Unprecedented’: Trump Tried to ‘Exert Extreme Partisan Influence Over the Census Bureau’ Docs Reveal

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The Trump administration tried to exert tremendous influence over the 2020 Census, which is now being used in a nationwide redistricting program, often handing Republicans even stronger gerrymandered congressional districts and in some cases attempting to dissolve districts of Democratic members of Congress, while eliminating some majority-Black districts.

Then-President Donald Trump was directly and possibly “illegally” involved, as The Brennan Center for Justice, NYU Law School’s nonprofit public policy institute, reports. The Trump administration also worked directly with an anti-immigrant group that appears on the Southern Poverty Law Center’s list of nativist hate groups, a “think tank” devoted to anti-immigration efforts, and with an individual known for “promoting voter suppression efforts.”

“The Trump administration attempted to exert extreme partisan influence over the Census Bureau,” The Brennan Center reveals . It filed multiple Freedom of Information requests with at least ten federal agencies and was forced to sue the Trump administration when it unlawfully refused to produce the requested documents.

The Brennan Center adds that “career Bureau officials pushed back at those attempts. An email among senior officials at the Census Bureau from September 14, 2020, discusses the Commerce Department’s ‘unusually high degree of engagement in technical matters, which is unprecedented.'”

“Other records suggest that the Commerce Department planned to have Commerce Secretary Wilbur Ross [photo, above] make personal calls to Republican state governors to urge them to provide state administrative records to the Census Bureau to ‘enhance the frame from which citizenship status is determined.’ (The Brennan Center did not uncover evidence that Commerce planned to make similar calls to Democratic governors.)”

Citing a “a complete lack of public transparency,” The Brennan Center reports “President Trump issued a memo in July 2020 stating that he would illegally attempt to remove undocumented populations from the apportionment count due at the end of December 2020.”

The Trump administration collected or attempted to collect an unprecedented amount of personal data targeting usesrs of welfare programs from dozens of states: “28 states had entered into agreements to share Temporary Assistance for Needy Families (TANF) records with the Bureau, 21 to share Women, Infants, and Children (WIC) records, 30 to share Supplemental Nutrition Assistance Program (SNAP) records, and three to share driver’s license data.”

Our FOIA records show Mark Krikorian, Executive Director of the Center for Immigration Studies, emailing directly with Secretary Ross in December 2019. The Center for Immigration Studies is an organization classified by the Southern Poverty Law Center as an anti-immigrant hate group that “has a decades-long history of circulating racist writers, while also associating with white nationalists.” The email also refers to a call from Secretary Ross.

The Center for Immigration Studies was founded by eugenicist and white nationalist John Tanton.

“Commerce Department employees were also engaging with the anti-immigrant Heritage Foundation,” The Brennan Center adds. “An email chain shows a Commerce Department official putting political appointee Nathaniel Cogley into direct contact with Heritage’s Hans Von Spakovsky, an individual the Brennan Center has previously flagged for his extensive background promoting voter suppression efforts.”

 

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