SGN Jan 18, 2019 - Part 1

Seattle Gay News

Seattle-born Carol Channing dies at age 97

by Tim Peter SGN Contributing Writer

New governors order protections for LGBT employees

Executive orders restore protections canceled by previous Republican governors

by Mike Andrew SGN Staff Writer

see CAROL CHANNING page 3

Broadway star and LGBTQ icon Carol Channing died Tuesday, January 15, at age 97, less than a month from her 98th birthday. She won a Tony Lifetime Achievement Award and was most known for her Broadway roles in Gentlemen Prefer Blondes (1949) and Hello, Dolly! (1964), in which she won the Tony Award for Best Actress in a Musical. As a film actress, she won the Golden Globe

Winning universal health care

Federal, state, local legislation to debut at January 26 forum

by Mike Andrew SGN Staff Writer

One of the consequences of “the blue wave” that swept the country is renewed potential for significant health care legislation leading to a universal single-payer system.

Federal, state, and local legislation in that direction will be explained at a forum on Saturday, January 26, from 9:45 to 11:30 a.m., at El Centro de la Raza, Beacon Avenue S. and S. Lander Street.

see FORUM page 4

Two newly inaugurated state governors –one Democrat and one Republican – signed executive orders January 14, protecting their LGBT state employees from discrimination.

Two other Democratic governors moved to protect LGBT workers after their inaugurations the previous week.

Democrat Laura Kelly of Kansas and Republican Mike DeWine of Ohio signed

see NEW GOVS page 5

Fourth same-sex surviving spouse denied survivor’s benefits

Lambda Legal sues Social Security Administration

CHARLOTTE, NC (January 17, 2019)

– Lambda Legal today filed a motion on behalf of a 75-year-old gay man arguing that the Social Security Administration’s denial of spousal survivor’s benefits to him, on the grounds that he was not married for long enough – despite discriminatory marriage laws that prevented him from marrying earlier – is unconstitutional. The lawsuit filed on behalf of Frederick Colosimo, who was in a 43-year committed relationship with his husband, in the US District Court

see WIDOWER page 5

Seattle Gay News

view. “Just ask Liza Minnelli, Bette Midler or Cher.”

Award and was nominated for an Oscar, Best Supporting Actress, for her performance as Muzzy in Thoroughly Modern Millie (1967).

Her other film appearances include The First Traveling Saleslady (1956) and Skidoo (1968). On television, she appeared on variety shows including “The Ed Sullivan Show” in the 1950s and “Hollywood Squares.” She had an outstanding performance as The White Queen in the TV production of “Alice in Wonderland” (1985) and had the first of many TV specials in 1966 with “An Evening with Carol Channing.”

“A stamp of approval from the gay community is almost a guarantee of success,” Channing said in a 2013 inter-

“She was one of the greatest musical theater icons, and you know how gays love musical theater,” gay journalist Michael Musto told NBC News. “She was the definition of gay camp in that she was over the top, but she was always in on the joke.”

Channing was born in Seattle on January 31, 1921, the only child of Adelaide and George Channing. Her father, who was multiracial (black and white), changed his surname from Stucker to Channing before Carol’s birth. A city editor at The Seattle Star, he took a job in San Francisco, and the family moved when she was two weeks old. He became a Christian Science practitioner, editor and teacher.

Channing’s work for the LGBTQ community was more than her stage

performance. She became a steadfast activist for HIV/AIDS during the height of the epidemic, working with several organizations including Aid for AIDS and Broadway Cares/Equity Fights AIDS.

“Carol Channing was one of Broadway Cares/Equity Fights AIDS’ earliest and longest champions,” the organization’s executive director, Tom Viola, told NBC News in a written statement. “Carol was always in our corner, one of our most beloved and best friends. Carol Channing will always have a special, cherished spot in the heart of Broadway Cares/Equity Fights AIDS. Forever.”

She was married four times, to Theodore Nadish, Alexander Carson, Charles Lowe and Harry Kullijian. She is survived by a son, Pulitzer-nominated cartoonist Channing Lowe.

Featured speakers will include the following:

• Rep. Pramila Jayapal (D-7), who is offering a bill to enable states to construct and finance single-payer systems. Jayapal rocketed into the ranks of Democratic

congressional leadership after her election in 2016, and is now the co-chair of the congressional caucus and co-chair of the new Medicare for All Caucus.

• Washington state Sen. David Frockt (D-46), the sponsor of Cascade Care, a public-option health insurance plan.

• State Sen. Joe Nguyen (D-34), and state Rep. Nicole Macri (D-43), both sponsors of important health care legislation in

the current session.

• King County Councilmember Rod Demobowski and Seattle City Councilmember Teresa Mosqueda, who will discuss how municipal governments can provide health care for their residents.

The forum is presented by the Health Care is a Human Right Coalition, a group organized by the Washington State Labor Council (WSLC), AFL-CIO. WSLC repre-

sents 600 union locals and labor organizations with some 450,000 members.

In addition to the WSLC, the forum is sponsored by Washington CAN!, Puget Sound Advocates for Retirement Action, Health Care for All – WA, Seattle Indivisible, and Northwest Health Law Advocates. El Centro de la Raza is located across the street from the Beacon Hill light rail station and on Metro routes 36 and 60.

Rainbow City Band presents “Planet Earth” concert

RAINBOW CITY BAND

“PLANET EARTH” BROADWAY PERFORMANCE HALL

January 19 @ 7pm

Rainbow City Band (RCB) presents “Planet Earth,” a concert featuring music celebrating the majesty of our home, Mother Earth, on January 19 at 7pm at the Broadway Performance Hall (1625 Broadway) off the Seattle Central College South Plaza on Capitol Hill.

The concert includes Darius Milhaud’s historic “Suite Francaise,” Hiroki Takahashi’s beautiful “Song of Earth,” and Rossano Galante’s sweeping “Mt. Everest.”

The concert also features the geo-electroacoustic minimalist piece “Rock Music” by Washington’s own Alex Shapiro, in addition to other geographically inspired songs.

“If I were programming this concert 15

to 20 years ago, it would look a lot different,” said Tim Norris, Rainbow City Band Artistic Director. “It would simply have focused on musical representations of the immense glory of mountain peaks, the vast wonder of desert winds or the idyllic natural beauty of the French countryside. But in 2019 (and within our Transformations Season), we will also include a few pieces that call attention to the dramatic human impact we are having on the future of this resilient yet delicate ecosystem.”

John Mackey’s percussive piece

“Foundry” will be followed by Shapiro’s

Meet American Libraries Association President Loida Garcia-Febo at the Seattle Public Library January 28

Join The Seattle Public Library at a public reception to welcome American Library Association president Loida Garcia-Febo to Seattle from 5-6pm, Monday, January 28 at the Central Library, 1000 Fourth Ave., Level 4, Washington Mutual Foundation Meeting Room 1, 206-386-4636.

Garcia-Febo is on a national tour to promote “Libraries = Strong Communities,” a campaign that highlights how libraries support the educational, cultural and economic vitality of cities. “As cornerstones of democracy, libraries empower users to make informed decisions by providing free access to information,”

said Garcia-Febo. “Libraries provide more than just books. They support community engagement and the delivery of new services that connect closely with patrons’ needs. As libraries transform we should seize every opportunity to showcase their magnificent work.”

Garcia-Febo has served the library profession both domestically and internationally. She is president of Information New Wave, is a nonprofit organization that works to enhance educational opportunities for underserved populations in the U.S. and developing countries. She is also active in the International Federation of Library Associations and The National Association to Promote Library and Information Services to Latinos and the SpanishSpeaking.

After the reception, Garcia-Febo will give opening remarks at the Library’s “Your Business – Start Smart” entrepreneur workshop from 6-8pm. Library events are free and everyone is welcome. Registration is not required. Parking is available in the Central Library’s garage for $7 after 5 p.m. Refreshments will be provided.

For more information, call 206-3864636 or visit www.spl.org. For ADA accommodations, please contact: leap@spl.org.

Courtesy of Seattle Public Library

innovative “Rock Music,” which includes band members performing on found rocks and will be accompanied by a stunning video of geological forces and the melting of the polar ice caps.

“The program concludes with a joyful and energetic piece entitled “River of Life” by Steve Reineke that will leave the musicians and our audience excited and inspired to preserve this home of which we are only temporary inhabitants,” said Norris.

Tickets are $20 for adults, $12 for students and seniors, and $5 for children under 10. They can be purchase from

Brown Paper Tickets, https://rcpaplanetearth.brownpapertickets.com, or starting at 1:30pm on the day of the concert at the Broadway Performance Hall.

About Rainbow City Band RCB is comprised of 60 lesbian, gay, bisexual, transgender, and allied musicians who volunteer their time to perform in the Seattle area. RCB is part of Rainbow City Performing Arts (RCPA) and has been performing music since 1998.

About Rainbow City Performing Arts

RCPA is a 501(c)(3) non-profit group that provides opportunities for people who are lesbian, gay, bisexual, transgender, and allied to share their musical talents through public performances. They foster music education, friendships and community giving. In addition to RCB, RCPA also includes Purple Passion Swing Band and Combo, and a marching band, among other ensembles. More information about Rainbow City Band can be found at http://www.rainbowcityband.com and at https://www.facebook. com/RainbowCityPerformingArts.

Courtesy of Rainbow City Band

Volunteer Park Amphitheater community meeting January 31

On Thursday, January 31, from 7-8pm, Seattle Parks and Recreation will host a public meeting at Miller Community Center (330 19th Ave E) on next steps for the Volunteer Park Amphitheater Project. Come learn about the construction schedule, meet the design team, see the updated schematic drawings and get your questions answered!

The Seattle Park District Major Projects Challenge Fund provides $900,000 in funding to move the community-initiated Volunteer Park Amphitheater Replacement project forward through the final design phase and construction.

The existing amphitheater is not accessible to folks of all ages and abilities and is lacking as a performance venue. The new amphitheater will be fully accessible, have

overhead weather and sun protection for the performers and include public restrooms. Please join Seattle Parks and Recreation, Volunteer Park Trust and your neighbors to learn more about this project. We will re-introduce the design team, provide a design update and review next steps for the amphitheater. At our previous meeting in August 2018, the Volunteer Park Trust presented the amphitheater design studies to the community and received valuable feedback.

The amphitheater design is based on extensive outreach with the community, and input from the Friends of Seattle Olmsted Parks and the Landmarks Preservation Board.

Courtesy of Volunteer Park Trust

NEW GOVS

continued from cover

the directives soon after being sworn into office. In both cases, the new executive orders restored protections put in place by prior Democratic governors and subsequently canceled by Republican administrations.

Kelly ordered Kansas state agencies on Tuesday to again prohibit on-the-job discrimination against LGBT state employees. The protections were eliminated by Republican Gov. Sam Brownback in 2015. Brownback removed the protections the

for the Western District of North Carolina, argues that the [agency’s] imposition of a nine-month marriage requirement for Social Security survivor’s benefits is unconstitutional where same-sex couples were not able to be married for nine months because of discriminatory marriage laws.

“Yet again, we go to court to get justice for same-sex spouses and partners who are unable to access Social Security survivor benefits because discriminatory marriage bans prevented them from marrying, and being married long enough, to meet Social Security’s nine-month requirement,” said Lambda Legal counsel Tara Borelli. “Even though the bans have been struck down and same-sex couples today are able to marry nationwide, the harms endure. Fred and his husband, Harvey Lucas, traveled from North Carolina to New Jersey in November 2013 to get married – two weeks after that state’s ban was struck down, because North Carolina would not let them marry. Sadly, Harvey died in June 2014, seven months later.

“This lawsuit is the fourth Lambda Legal has joined against Social Security

same year the US Supreme Court legalized same-sex marriage nationwide.

The first openly Gay state representatives in Kansas history said they will introduce a bill to extend nondiscrimination protections to all LGBT people in the state. Kelly said she would sign such a bill.

The newly sworn-in Republican governor of Ohio, Mike DeWine, signed an executive order barring anti-LGBT discrimination in state employment on January 14.

Ohio is one of 31 states that lack a statewide law barring discrimination on the basis of sexual orientation and gender identity in employment, housing, and public accommodations.

in the past five months – including lawsuits filed in Washington, Arizona, and New Mexico – all underscoring the ongoing harm that a number of same-sex couples continue to experience from marriage bans,” Borelli added. “In all the cases, there is no question that these couples were in committed relationships and married or would have married as soon as possible.

Application of Social Security’s ninemonth rule here serves only to continue the harms that invalid marriage bans created. It’s past time for a change.”

“I met Harvey in 1971 in Florida,” Fred Colosimo said. “Friends had invited me down because they thought we would like each other. They were right: it was love at first sight. We eventually moved in together, established a joint checking account, named each other as our beneficiaries, and cared for each other when sick – basically, all the things that committed couples do. And when Harvey got sick in 2004, I took early retirement and became his full-time caregiver. There was never any question, so I did what had to be done. Harvey was my love, my balance, and my life. Losing Harvey was hard enough. But having Social Security tell me I don’t qualify for Harvey’s benefits because we were blocked from marrying feels like adding insult to injury.”

DeWine’s order also covers race, color, religion, gender, national origin, military status, disability, age, and genetic information, and explicitly covers nonbinary people.

Equality Ohio Executive Director Alana Jochum said the state was still “playing catch-up when it comes to welcoming LGBTQ people.”

“Gov. DeWine made a strong statement on his first day that he will be a governor for all Ohioans,” he said.

The HRC said DeWine “did the right thing.”

“We hope his administration will push for the fair treatment of all LGBTQ Ohio -

Frederick Colosimo and Harvey Lucas were in a committed relationship from 1971 until Lucas died in 2014. They divided their time between North Carolina and South Carolina, where a number of Lucas’ doctors were located, after he got sick. Both US military veterans, Colosimo was a longtime employee of the US Postal Service and Lucas worked for Martin-Marietta Corporation (later, Lockheed Martin). Lucas was diagnosed with heart disease in 2004, and Colosimo took early retirement to become his full-time caregiver. In the ensuing 10 years, Lucas was in and out of hospitals until he died in 2014 of cancer. In the midst of this struggle, Lucas and Colosimo managed to travel to New Jersey in November 2013 to get married.

“Same-sex couples who weren’t able to marry for most of their relationship faced discrimination throughout their lives, and now surviving spouses like Fred face it all over again, after their loved one has died,” Borelli said. “These benefits are no less essential to the financial security of surviving same-sex spouses in their retirement years than to heterosexual surviving spouses.”

Read about the case, Colosimo v. Berryhill, at https://www.lambdalegal.org/ in-court/cases/colosimo-v-berryhill.

This is the fourth lawsuit filed in the past year challenging Social Security’s

ans over the next four years,” the group said in a statement.

James Knapp of TransOhio urged the Ohio legislature to protect Transgender employees in the private sector through the Ohio Fairness Act.

Last week, state governors in Michigan and Wisconsin moved to protect LGBTI state employees. Both signed executive orders prohibiting discrimination on the basis of sexual orientation and gender identity.

On the other hand, the new Republican governor of Florida, Ron DeSantis, excluded LGBTI people from his executive order on discrimination.

requirement that couples be married for at least nine months to qualify for survivor’s benefits. In September, Lambda Legal filed Thornton v. Berryhill in the US District Court for the Western District of Washington. Read about that case at https://www. lambdalegal.org/in-court/cases/thorntonv-berryhill. In November, Lambda Legal filed Ely v. Berryhill in the US District Court for the District of Arizona. Read about that case at https://www.lambdalegal. org/in-court/cases/ely-v-berryhill. And in December, Lambda Legal joined Gonzales v. Berryhill in the US District Court for the District of New Mexico. Read about that case at https://www.lambdalegal.org/ in-court/cases/gonzales-v-berryhill.

Lambda Legal’s attorneys working on the case are Peter Renn, Tara Borelli, and Karen Loewy. They are joined by Samuel F. Furgiuele, Jr., Attorney at Law.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and everyone living with HIV through impact litigation, education, and public policy work. Read more about Lambda Legal at lambdalegal.org.

Courtesy of Lambda Legal

HRC calls on Senate to reject nomination of William Barr as attorney general

WASHINGTON, DC (January 16, 2019)

– Today, the Human Rights Campaign (HRC) – the nation’s largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) civil rights organization – released a letter calling on the Senate to reject the Trump-Pence White House’s nomination of William Barr as Attorney General of the United States. During his nomination hearing this week, Barr failed to alleviate the HRC’s concerns and confirmed he will continue the Trump-Pence administration’s biased and negligent approach to enforcing laws impacting LGBTQ people.

“William Barr has made clear that as attorney general he would not defend and uphold civil rights laws for all Americans –including LGBTQ people,” said HRC President Chad Griffin. “This nominee is all too ready to follow in the footsteps of Jeff Sessions and double down on this administration’s relentless attacks on LGBTQ equality. The Senate must reject Barr’s nomination, and senators must make clear to the Trump-Pence White House they will only confirm a nominee who will treat all Americans equally with the dignity and fairness they deserve.”

In the letter calling on the Senate to reject Barr’s nomination, HRC Government Affairs Director David Stacy made clear that the next attorney general must promote equality for all Americans by vigorously enforcing federal civil rights laws that so critically protect those most vulnerable to discrimination. Read the letter in full [at https://assets2.hrc.org/files/ assets/resources/Letter-of-OppositionBarr-Nomination-AG.pdf].

Earlier this week, the HRC asked senators to demand answers from Barr on his troubling public record regarding LGBTQ equality and people living with HIV. Barr has been a vocal supporter of former Attorney General Jeff Sessions’ memo sanctioning religious-based discrimination, as well

as the Justice Department’s interpretation excluding transgender people from coverage under Title VII and Title IX sex discrimination provisions. Barr has also made personal statements promoting a draconian approach to the federal government’s role in responding to the HIV/AIDS epidemic, including the adoption of proven methods of prevention and access to treatment.

In the hearing held on Tuesday, Barr reiterated his previously stated position advocating against interpreting federal laws to include gender identity or sexual orientation – a position that disregards the holdings of more than forty federal courts in the last twenty years. Barr was directly

questioned as to whether under his leadership the Department of Justice would continue to argue against the inclusion of sexual orientation within the definition of “sex” in Title VII. He specifically stated that he would look to the interpretation of “sex” as understood in 1964, arguing that this interpretation had been the “common understanding for almost 40 years.”

Barr’s interpretation runs counter to current legal analysis and existing Supreme Court precedent regarding the interpretation of Title VII to include classes or characteristics not originally considered by the 1964 Congress. Barr’s statements Tuesday reflect a willingness to ignore meaningful

case law and a reticence to employ mainstream legal theories that run counter to his personal beliefs.

The Human Rights Campaign is America’s largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender, and queer people. The HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work, and in every community.

Courtesy of the HRC

Lambda Legal joins civil rights leaders for discussion of William Barr, Trump’s nominee for attorney general

WASHINGTON, DC (January 14, 2019) – Ahead of attorney general nominee William Barr’s confirmation hearings this week, Lambda Legal and other civil rights organizations held a press call to discuss the Department of Justice’s important civil rights enforcement role and the need for the Senate Judiciary Committee to determine whether Barr is committed to upholding the civil rights of all people.

A recording of the call is available [at http://civilrightsdocs.info/audio/presscalls/Barr-Press-Call-011019.mp3].

Sharon McGowan, legal director and chief strategy officer of Lambda Legal and former senior official in the Civil Rights Division of the US Department of Justice, said, “Jeff Sessions transformed the Department of Justice from a guardian of civil rights into a weapon of discrimination and bigotry, and William Barr has made clear that he is eager to pick up where Sessions left off. As attorney general under George H.W. Bush, Barr defended what CBS News described as ‘the world’s first and only detention camp for refugees with HIV’ and only just a few weeks ago, William Barr ‘saluted’ Jeff Sessions for his efforts to nullify legal protections for LGBT people. The Department of Justice needs new leadership to get it back in the

business of defending civil rights and equal justice under law for all people. William Barr, through his own words and actions, has proven himself unworthy for this important role.”

Kristine Lucius, executive vice president for policy at the Leadership Conference on Civil and Human Rights, said, “Under former Attorney General Sessions, we saw nearly unbridled disdain for the Justice Department’s vital role as the nation’s primary agency for protecting people’s rights. For nearly two years, Sessions destroyed families and communities by attacking voting rights, restarting the War on Drugs, failing to enforce constitutional policing policies, rolling back protections for LGBTQ individuals, and justifying officials separating children from their parents and locking immigrant children in cages. William Barr’s record suggests more of the same. Our families and communities deserve better, and members of the Senate Judiciary Committee have an obligation to seek assurances from Mr. Barr that he will not be Sessions 2.0.”

Janai Nelson, associate director-counsel at the NAACP Legal Defense and Educational Fund, Inc., said, “If confirmed, William Barr will inherit the abominable legacy of Jeff Sessions, who established

policies that undermined and attacked the civil rights of communities of color. The Trump Justice Department has dismantled racial diversity efforts and rescinded guidance on racial disparities in school discipline and special education, promoted voter suppression, and abdicated its obligation to protect the civil rights of persons who encounter the criminal justice system. Senators must determine whether Barr will continue to weaponize the Justice Department and eviscerate civil rights protections or whether his record suggests that he can repair and restore integrity and fairness to the Justice Department and ensure that all persons are treated equally under the law.

Michael Collins, director of national affairs at the Drug Policy Alliance, said, “Trump is appointing someone who has long been a cheerleader for mass incarceration and the war on drugs. It shows the administration’s true colors and undermines any recent criminal justice reforms. During this nomination process, I hope that senators from both parties take Barr to task for his retrograde views on drug policy and criminal justice, instead of giving him an easy ride like they did with Jeff Sessions.”

Avideh Moussavian, legislative director at the National Immigration Law Center, said, “William Barr’s own track record and

his unmitigated support for former Attorney General Sessions is cause for serious alarm. In his own right, Barr has supported border militarization, criminalization of migrants, and subjecting vulnerable populations of HIV+ Haitian asylum seekers to indefinite detention. His open praise for Sessions – from explicitly supporting the first and most egregious version of Trump’s Muslim ban to implicitly supporting policies to turn immigration judges into mass deportation agents and forcibly cage thousands of children in order to coerce their parents to abandon their legal right to claim asylum – shows he will continue to weaponize the role of the DOJ and attorney general to devastate the rights of those who most need its protection.”

In addition to this call, 75 civil rights, religious, and progressive groups sent a letter to the Senate last month expressing serious concerns about Barr’s nomination to be US attorney general. The letter can be read [at http://civilrightsdocs.info/pdf/ policy/letters/2018/Letter-of-concern-reWilliam-Barr-AG-12.20.18.pdf].

Courtesy of Lambda Legal

Jae and her wife, Melissa, attended a Seahawks game on December 30th. They were verbally harassed multiple times by a man, because of their sexuality. The harassment eventually ended in the man punching Jae in the face.

Jae is suffering from facial fractures and is unable to work. Because of this, she may even lose her job. Melissa and Jae are left with the financial burden of not working and still needing to pay household bills.

Melissa and Jae are both trying to emotionally process what happened. Neither of them are the type of people that would ask for money or anything from anyone. But they are going to need all the support they can get.

Anyone that knows these two ladies knows that they have kind hearts and would do any thing for anyone, without question. Let’s do the same for them!

www.gofundme.com/support-for-jae-and-melissa

GLAAD, OutServe-SLDN, Lambda Legal release

media guide on Trump administration’s discharge of service members living with HIV

NEW YORK (January 14, 2019) –GLAAD, the world’s largest LGBTQ media advocacy organization, today partnered with OutServe-SLDN and Lambda Legal by issuing a fact sheet to help the media with the ongoing reports of the Trump administration discharging service members on the basis of an HIV diagnosis. Given the disproportionate impact of HIV on gay and bisexual men, as well as transgender women, the move is the latest in a two-year assault by the Trump administration against LGBTQ Americans.

“A person’s HIV status does not harm their ability to perform a job with excellence, and service members living with HIV are no exception. Their willingness to protect the freedoms of our nation is one of the bravest acts by any American,” said Sarah Kate Ellis, president and CEO of GLAAD. “By putting their anti-LGBTQ activism ahead of common sense, the Trump administration is not only attacking marginalized people but [is] now putting our national security in jeopardy.”

“Mistruths and misinformation surrounding open military service by our siblings-in-arms that are living with HIV are being used to cloak the blatant discriminatory animus the Trump-Pence administration has against these selfless patriots,” said Andy Blevins, executive director of

OutServe-SLDN. “Readily available medical resources ensure that HIV remains a manageable condition and has no effect on a person’s service to our nation. There is simply no reasonable explanation, founded in modern-day science, that the service of these otherwise qualified and selfless patriots should be prevented or limited.”

“Today we filed a preliminary injunction to immediately stop the Trump administration from continuing this heinous practice of firing HIV-positive individuals who are more than capable of serving their country,” said Scott Schoettes, counsel and HIV Project Director at Lambda Legal. “These decisions should be based on science, not stigma. Lambda Legal will keep fighting until President Trump understands there is not a job in the world a person living with HIV cannot safely perform, including the job of soldier.”

Since taking office, President Trump and his administration have orchestrated 89 direct attacks on LGBTQ Americans, aimed at erasing them from the fabric of this nation. This rhetoric by the most antiLGBTQ administration in modern history could have a devastating impact on acceptance for marginalized people in the country. GLAAD has documented every attack with its Trump Accountability Project (TAP) [https://www.glaad.org/trump].

The media guide by GLAAD, OutServe, and Lambda Legal can be found below. And for GLAAD’s complete guide to HIV and AIDS research, click [https://www. glaad.org/reference/hiv].

GLAAD Media Guide: Covering HIV & Military Service

With news of the Trump administration unfairly discharging service members because of their HIV-positive status, GLAAD, OutServe-SLDN, and Lambda Legal are partnering together to provide a media reference guide to help reporters cover this sensitive topic.

Summary: The United States Armed Forces are the only employer in the nation that [is] still being permitted to discriminate against people living with HIV. Americans who are living with HIV cannot:

• Join the military

• Attend a military academy

• Be commissioned as an officer, if already enlisted

• Deploy without a waiver, which are rarely granted. [DoDI 6130.01, DoDI 6485.01, DoDI 6490.07]

Facts and Figures

• An estimated 1,200 service members currently identify as HIV positive. [See

Update: Routine Screening for Antibodies to Human Immunodeficiency Virus, Civilian Applicants for U.S. Military Service and U.S. Armed Forces, Active and Reserve Components, January 2012–June 2017, Vol. 24 No. 9, Medical Surveillance Monthly Report 8, 8–14 (Defense Health Agency, Sept. 2017).]

• Approximately 350 new diagnoses of HIV every year among all components of the US Armed Forces. [Update: Routine screening for antibodies to human immunodeficiency virus, civil applicants for U.S. military service, and U.S. Armed Forces, active and reserve components, January 2013-June 2018, Vol. 25, No. 9, Medical Surveillance Monthly Report (Defense Health Agency, Sept. 2018).]

Treatment = No Risks

It’s important to remember that when a person’s HIV viral load is suppressed, they cannot transmit HIV to others.

• FACT: Service members are all provided with healthcare, so those who are HIV positive and take their medications as prescribed achieve a suppressed or undetectable viral load within a couple of months. [DoDI 6485.01 Encl. 3; see also, e.g., AR 600-110, DA Form 5669]

• FACT: In accordance with the standard of care for HIV, service members with HIV are treated with a single- or dual-tablet

regimen, which means they need only take one or two pills once a day. The medication does not require special storage and can be dispensed in a six-month supply.

• FACT: According to medical experts, there is no risk of battlefield transmission of HIV, especially if a person’s viral load is suppressed. This includes situations involving contact with blood.

Treatment prevents a person with HIV from becoming sick or disabled by their HIV, and allows them to live long, healthy, and enriched lives.

• FACT: A person who is timely diagnosed with HIV and who adheres to their prescribed treatment will have about the same life expectancy as a person not living with HIV. [CDC, About HIV/AIDS, www. cdc.gov/hiv/basics/whatishiv.html]

• FACT: According to medical experts, a person with HIV who adheres to prescribed treatment will not progress to AIDS and will not become sick with HIV-related illnesses.

• FACT: Asymptomatic HIV is not considered a disability by the VA or the military disability evaluation system. It merits a zero percent disability rating. [Veteran Affairs Schedule for Rating Disabilities (VASRD), 38 CFR § 4.88b (code 6351)]

The Case for These Service Members

Both Roe and Voe have the full support of their command to be retained in the Armed Forces, and their doctors say that HIV will not limit their ability to do their jobs.

A person with HIV can hold any job in the world, including physically demand-

ing jobs like police officer and fire fighter involving risk of injury, without posing any danger to their colleagues.

Note: They are also not prohibited from working for military contractors, where they can and do serve alongside US troops across the globe, including in combat zones.

Service members with other medical conditions are allowed to join the military and to deploy to forward positions, even if they have to take daily medicine. [DoDI 6130.01, DoDI 6490.07]

In 2017 and 2018, the Air Force granted waivers allowing over 2,000 people with various disqualifying medical conditions to join the military. [Military.com, 12.12.2018]

Note: But no waivers were granted for person living with HIV.

According to the record in the case, at least six service members with HIV have received orders directing their discharge because of their HIV status.

According to the record in the case, at least one member of the Air Force with HIV has been stationed abroad for over two years while his case has been pending, demonstrating the military can care for service members with HIV while they are serving abroad.

Conclusion: By discharging Americans who bravely want to defend the freedoms of our nation, the Trump administration is putting its political, anti-LGBTQ rhetoric ahead of the well-being of our nation and our service members.

Courtesy of GLAAD

During second year in office, Trump administration continued discriminatory policies and practices against LGBT people and people living with HIV

BOSTON (January 16, 2019) – Today, the Fenway Institute of Fenway Health released a policy brief demonstrating that in his second year in office, President Donald Trump continued to promote discrimination against LGBT people and people living with HIV. In some cases, these policies built upon anti-LGBT measures begun in 2017. In other cases, the Trump administration found new ways to negatively impact US citizens and federal contractors as well as the family members of LGBT foreign diplomats. His administration also engaged in practices that will increase anti-LGBT stigma and HIV stigma around the world.

“In just two years, we have witnessed the rollback of rights and protections that took decades to win. It’s difficult, if not impossible, to estimate the full extent of harm now taking place,” said Sean Cahill, PhD, Director of Health Policy Research at the Fenway Institute. “It is undeniable that LGBT people and people living with HIV are now much more vulnerable to discrimination in health care, social services, employment, education, and access to basic government services.”

Examples of second-year actions taken by the Trump administration that undermine the health and well-being of LGBT people and people living with HIV include the following:

• Dismissing Peace Corps volunteers who tested positive for HIV, and refusing to provide pre-exposure prophylaxis (PrEP) for HIV prevention to at-risk volunteers;

• Placing transgender inmates of the Federal Bureau of Prisons, especially transgender women, at much higher risk of rape by incarcerating them according to their biological sex at birth instead of their gender identity;

• Ending the practice of issuing G-4 visas to same-sex domestic partners of foreign diplomats or employees of international organizations – such as the World Bank or the United Nations – who are working and living in the United States;

• Issuing a proposed rule from the Department of Health and Human Services that could allow health care providers to refuse to care for patients [that conflicts] with their “religious belief or moral conviction” or force them “to act contrary to one’s belief”;

• Continuing to enforce and endorse religious liberty policies that could increase discrimination against LGBT people, with the creation of a Religious Liberty Task Force led by a former anti-LGBT activist;

• Sending Secretary of State Mike Pompeo to attend the inauguration of Brazil’s new president Jair Bolsonaro, who campaigned on a racist, misogynist, and homophobic platform and signed an execu-

tive order just hours after being sworn into office prohibiting the country’s human rights ministry from hearing any concerns from Brazil’s LGBT community;

• Taking aggressive steps to prevent transgender people from serving in the military;

• Reportedly drafting a memo that sought to define sex as binary, fixed, and unalterable under Title IX, denying the existence of transgender and intersex people;

• Eliminating references to inclusion and protection from discriminatory housing practices in the Department of Housing and Urban Development’s mission statement;

• Filing a brief with the US Supreme Court arguing that gender identity is outside of the scope of Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on “race, color, religion, sex, and national origin”;

• Ending the US Department of Education’s practice of hearing complaints from transgender students regarding their access to school facilities such as bathrooms and locker rooms that correspond to their gender identity;

• Appointing Brett Kavanaugh, who repeatedly refused to answer questions from the Senate Judiciary Committee about whether he believed that Obergefell v. Hodges, which struck down state anti-gay marriage laws, was correctly decided by the US Supreme Court;

• Appointing Kyle Duncan to the 5th US Court of Appeals based in Louisiana; during the Obergefell case, Duncan filed a brief with the US Supreme Court claiming that a decision affirming marriage equality for same-sex couples would “damage” the political and social institutions of the country; and

• Proposing to remove sexual orientation and gender identity questions from the National Crime Victimization Survey for 16- and 17-year-old respondents.

The policy brief, “Trump Administration continued to advance discriminatory policies and practices against LGBT people and people living with HIV in 2018” can be read [at https://fenwayhealth.org/wp-content/ uploads/Trump-Administration-Impact-onLGBTs-Year-Two-Brief_Web.pdf].

Since 1971, Fenway Health has been working to make life healthier for the people in our neighborhood, the LGBT community, people living with HIV/AIDS, and the broader population. The Fenway Institute at Fenway Health is an interdisciplinary center for research, training, education, and policy development focusing on national and international health issues.

Courtesy of Fenway Health

ACLU and sex discrimination in the workplace

NEW YORK (January 17, 2019) –

This week, the ACLU took action against two major companies that our clients allege have participated in sex discrimination: McDonalds and Chili’s. Additionally, we are awaiting news from the Supreme Court about cases that consider whether or not federal workplace discrimination law protects LGBTQ people from discrimination on the basis of sex.

On Monday, ACLU is joining [sic] the

Fight for 15 and private firms in the McDonald’s sexual harassment litigation. At this stage, we are seeking additional plaintiffs to expand the scope of [Equal Employment Opportunity Commission (EEOC)] charges and prepare for a potential lawsuit filing. As recently as May 2018, 10 women working in McDonald’s restaurants stretching from California to Florida filed EEOC charges of discrimination alleging a wide range of unchecked harassment, perpetrated by

supervisors and co-workers.

On Wednesday, the ACLU filed an EEOC complaint on behalf of Meagan Hunter, alleging that she was denied a promotion at Chili’s because she needed to ‘dress more gender appropriate.’ Meagan, a lesbian, asked why she could not wear a chef-style coat like the one her general manager wore and was told, “it’s for boys.”

The Supreme Court is considering whether or not to take three cases that ask

if LGBTQ people are protected under Title VII prohibitions on sex discrimination [in the workplace]. In one of the cases, that of Aimee Stephens, the ACLU has been involved since Stephens first filed a complaint with the EEOC.

Courtesy of the ACLU

ACLU of South Dakota opposes Senate Bill 49

(January 14, 2019) – The ACLU of South Dakota opposes Senate Bill 49, a bill that would declare void the procedure adopted by the South Dakota High School Activities Association to ensure that transgender student athletes can participate in high school sports and would instead restrict participation in athletic activities to the gender listed on a person’s birth certificate.

Currently, transgender high school students wishing to compete in high school activities may do so, provided they follow the policy articulated by the South Dakota High School Activities Association (SDHSAA). Senate Bill 49 would eliminate this policy and the oversight of the SDHSAA, preventing transgender students from participating in athletics simply because of who they are. The bill is another effort to codify discrimination against transgender youth under state law and undermine the authority of the SDHSAA to ensure equitable and fair participation in high school activities.

Libby Skarin, policy director of the ACLU of South Dakota, released the following statement:

“This is yet another attempt to single transgender students out for discrimination in our state. And like the many bathroom bills before it, this bill would hurt transgender students, violate federal law, and expose our state to legal liability. The policy that this bill seeks to undo has been in place since 2015 without any problems. All that existing policy does is allow fair and equitable participation in high school activities by all South Dakota high school students. But this bill, like its predecessor bills, seeks to erode that fairness and is just a solution in search of a problem.

“Barring transgender students from the benefits of athletics holds them back from living authentic and fulfilling lives. Participation in athletic activities has a widespread positive impact on the social, physical, and emotional well-being of students and provides kids with lessons about self-disci-

pline, teamwork, perseverance, success, and failure. They bring excitement, joy, and a sense of belonging – a sense that is important for all kids, but particularly vital for kids who may already feel like outcasts.

“All young people should have the opportunity to play high school sports and have their personal dignity respected. Transgender students are no different. No one is harmed by allowing transgender people to compete consistent with who they are.”

The SDHSAA policy now in place puts South Dakota in line with at least two dozen other states with inclusive policies for transgender students at some or all high schools, including Minnesota, Colorado, and Wyoming. If Senate Bill 49 passes, South Dakota would be the first and only state in which the state legislature inter-

vened to override a policy put in place by the association that knows high school activities the best.

This statement is available online at: https://www.aclusd.org/en/press-releases/ aclu-south-dakota-opposes-senate-bill-49

Decisions made during the annual sessions of the South Dakota Legislature have a deep and lasting impact on our state’s people and communities. As new laws are created and others repealed or written, it’s important to ensure that these changes preserve and strengthen our constitutional rights. The American Civil Liberties Union of South Dakota is a nonpartisan organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU

believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection, and privacy are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBT communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for people of South Dakota. For up-to-date information on the bills the ACLU of South Dakota is tracking, go to www.aclusd.org.

Courtesy of the ACLU

Anti-bullying laws that include sexual orientation protections are associated with fewer suicide attempts among youth

LOS ANGELES (January 15, 2019) –New research from the Williams Institute at the UCLA School of Law and the Centers for Disease Control and Prevention (CDC) found that anti-bullying laws that explicitly protect youth based on sexual orientation are associated with fewer suicide attempts among all youth, regardless of sexual orientation.

In addition, enumeration of sexual orientation was associated with fewer experiences of stressors, such as feeling unsafe at school and being physically forced to have sexual intercourse.

While fewer youth attempted suicide in states with sexual orientation-inclusive anti-bullying laws, more sexual-minority youth experience bullying and other stressors, and they are more likely than non-sexual-minority youth to experience suicide ideation and attempts – whether or not their state has explicit sexual orientation protections.

“Enumeration of sexual orientation in state anti-bullying laws is a first step,” said lead author Ilan H. Meyer, a senior public policy scholar at the Williams Institute.

“These laws are associated with fewer suicide attempts but do not eliminate disparities between sexual-minority and nonsexual-minority youth. Additional interventions, such as training teachers, instituting school-based support groups, and promoting social connectedness between youth and their communities may help reduce disparities in exposure to bullying and its ill effects for sexual-minority youth.”

In the US, all 50 states and the District of Columbia have laws aimed at reducing bullying. Currently, 20 states and the District of Columbia have enumerated anti-bullying laws that explicitly prohibit harassment and victimization of students based on sexual orientation.

The report, “Sexual Orientation Enumeration in State Antibullying

Statutes in the United States: Association with Bullying and Suicide Ideation and Attempts Among Youth” (https:// www.liebertpub.com/doi/pdf/10.1089/ lgbt.2018.0194) appears in LGBT Health and is co-authored by Ilan H. Meyer, PhD, Distinguished Senior Public Policy Scholar at the Williams Institute; Feijun Luo, PhD, economist at CDC’s National Center for Injury Prevention and Control; Bianca D. M. Wilson, PhD, Rabbi Barbara

Zacky Senior Public Policy Scholar at the Williams Institute; and Deborah M. Stone, ScD, MSW, MPH, behavioral scientist at CDC’s National Center for Injury Prevention and Control.

The findings and conclusions in this report are those of the authors and do not necessarily represent the official position of the Centers for Disease Control and Prevention.

The Williams Institute at the UCLA School of Law, a think tank on sexual orientation and gender identity law and public policy, is dedicated to conducting rigorous, independent research with realworld relevance.

Courtesy of the Williams Institute

Alaska homeless shelter sues for right to deny help to Trans people

by Mike Andrew SGN Staff Writer

Hope Center, a Christian homeless shelter in Anchorage, Alaska, has filed a federal lawsuit against the City of Anchorage to overturn the city’s nondiscrimination ordinance.

The shelter turned away a Transgender woman twice in January. Although the shelter had cause for turning her away – the woman showed up drunk the first time and after hours the second – Hope Center argues that it has First Amendment religious freedom and freedom of association rights to reject any Trans person who wants to stay there.

The Alliance Defending Freedom (ADF), the far-right evangelical legal group that successfully defended the “right” of a Colorado baker to deny service to Gay couples, is representing Hope Center.

ADF attorney Ryan Tucker told the US District Court that many of the shelter’s resident women are survivors of domestic violence and “they would rather sleep in the woods” in the frigid Alaskan winter than share space with a Transgender woman. Temperatures in the city in the past week have hovered around zero degrees Fahrenheit.

The group is asking the judge to enjoin the city from enforcing the nondiscrimination law, saying that, as a homeless shelter, the group should have an exemption from the law and, as a faith-based charity, it should have the religious freedom to deny access as they see fit.

In November, as Anchorage was voting

on whether or not to strike protections from Trans people from the city’s nondiscrimination ordinance, an attorney for the shelter told a local newspaper that it would never admit a “biological male” into the facility despite how the vote turned out.

The measure was subsequently defeated at the ballot box, but after the attorney’s remarks became public, the city initiated an investigation of the facility.

The woman who was turned away also

filed a complaint with the city’s Equal Rights Commission. Neither case has been resolved.

Assistant municipal attorney Ryan Stuart told the Fairbanks Daily NewsMiner that the city opposed the suit because the commission’s investigation has not been completed because the shelter wouldn’t cooperate with the investigation.

There is no exemption for homeless shelters in the law.

“There is simply no evidence that transgender people are more of a threat to anyone, whether that be in bathrooms, locker rooms, or homeless shelters,” David Dinielli, deputy legal director for the Southern Poverty Law Center, told Anchorage news station KTUU.

“In fact, we know transgender people are among the most, if not the most, likely to be targeted for abuse, sexual abuse, and physical abuse.”

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