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  • 8/20/2019 Washingtonblade.com, Volume 46, Issue 29, July 17, 2015

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    ‘We have transgendersoldiers being hurt byan outdated approach’

    By CHRIS [email protected]

    Defense Secretary Ashton Carter announcedthis week the Pentagon is making final plansto lift the ban on transgender people servingin the U.S. military and will launch a workinggroup to examine over the next six monthsimplementation of the change.

    “The Defense Department’s currentregulations regarding transgender servicemembers are outdated and are causing

    uncertainty that distracts commanders fromour core missions,” Carter said on Monday.“At a time when our troops have learned fromexperience that the most important qualificationfor service members should be whether they’reable and willing to do their job, our offi cersand enlisted personnel are faced with certainrules that tell them the opposite. Moreover,we have transgender soldiers, sailors, airmen,and Marines — real, patriotic Americans - who Iknow are being hurt by an outdated, confusing,inconsistent approach that’s contrary to ourvalue of service and individual merit.”

    Carter announced two initiatives in hisstatement: 1. The Defense Department will

    Ignores prosecutor andindicts on anti-gay hate crime

    By LOU CHIBBARO [email protected]

    EDITOR’S NOTE:  In an unusual development as theBlade went to press, the judge in this case called apost-sentencing hearing to explain her rationale forhanding down the sentence, noting she doesn’t thinka serious hate crime was committed. Further, shereduced Christina Lucas’s sentence from one year tosix months. Visit washingtonblade.com for updated

    reports.

    A D.C. Superior Court grand jury in August2014 took the unusual step of handing down ahate crime indictment in an anti-gay assault caseafter a prosecutor with the U.S. Attorney’s Offi cedid not recommend the case be listed as a hatecrime, according to one of the grand jurors whoheard the case.

    The former grand juror, who spoke to the

    Washington Blade on condition of not beingidentified, said witnesses, including a policedetective and the gay male victim, told the grand

     J U L Y 1 7 2 0 1 5 V O L U M E 4 6 I S S U E 2 9 • A M E R I C A ’ S G A Y N E W S S O U R C E   • W A S H I N G T O N B L A D E . C O M

     CONTINUES ON PAGE 12

     CONTINUES ON PAGE 13

    PAGE 4

    DUMP TRUMP

    LGBT activist joins D.C.

    protest against GOP’s

    2016 frontrunner.

    Sgt. SHANE ORTEGA, the Army’s first openly trans soldier, has advisedmembers of Congress about how to end the military’s trans ban.

    PHOTO COURTESY OF ORTEGA VIA TWITTER

    PAGES 21-24

    DOG DAYS

    Our annual Pets section

    returns with tips for dog

    walkers and more.

    PAGE 26

    PREACH!

    LGBT-affi rming pastor and

    author Rob Bell on the Bible,

    spirituality and his tour.

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    02 • JULY 17, 2015 WASHINGTONBLADE.COM

    Saturday July 18 • 7:30pm

    Sunday July 19 • 3:00pm

    Friday July 24 • 7:30pm

    Sunday July 26 • 3:00pm

    Clarice Smith Performing Arts Center

    at the University of MarylandSemi-staged, in French with English surtitles

    For tickets call

    (301) 405-ARTSor order online atwww.MarylandLyricOpera.org

     R oméo et   J  ulietteGOUNOD’S

  • 8/20/2019 Washingtonblade.com, Volume 46, Issue 29, July 17, 2015

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    WASHINGTONBLADE.COM  JU LY 17 , 2015 • 03

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    Gay & Lesbian Chambercriticizes anti-immigrantcomments

    By LOU CHIBBARO [email protected]

    Gay Latino activist Jose Gutierrez was oneof nearly a dozen speakers participatingin a “Dump Trump” rally in downtownWashington last Thursday that was called toprotest Republican presidential candidateDonald Trump’s recent disparagingremarks about Mexican immigrants.

    The protest took place on the sidewalkalong Pennsylvania Avenue, N.W., nextto the federally owned Old Post Offi cePavilion, which Trump’s real estatedevelopment company is converting into aluxury hotel under a government contract.

    Some of the participants in the protestcalled for the U.S. General ServicesAdministration, which manages theproject, to cancel its contract with Trumpand his company and to find another firmto develop the hotel. Others demandedonly that the government remove agiant “Trump” billboard sign attached toscaffolding next to the building.

    Gutierrez, who founded D.C.’s LGBT

    Latino History Project and the city’s LGBTLatino Pride organization, said he andmany in the LGBT Latino community werein full solidarity with the national Latinocommunity in expressing outrage overTrump’s remarks.

    “I’m a Mexican gay man and I representmany people in the LGBT community whowere offended by the statements by Mr.Donald Trump,” Gutierrez said duringthe protest.

    “And the things that he said – that weare rapists, criminals and drug dealers –

    are not true,” he said. “We are a beautifulcommunity and we are going to vote inthe next election for president.”

    On the day of the protest the NationalGay & Lesbian Chamber of Commercereleased a statement saying it too wasin solidarity with the growing number ofprominent businesses that have severedties with Trump in response to hisremarks about Mexicans, which they viewas anti-immigrant.

    “The National Gay & Lesbian Chamberof Commerce stands with our long time

    organizational partner the U.S. HispanicChamber of Commerce and applaudsNBC Universal and Macy’s for cutting tieswith presidential hopeful Donald Trumpover controversial comments he recentlymade about Mexican immigrants,” the

    statement says.It was signed by the NGLCC’s co-founders,

     Justin Nelson and Chance Mitchell.“Macy’s and NBC’s decisions to

    disassociate with Trump represent

    corporate America at its finest,” the two saidin the statement. “From our partnershipswith over a third of Fortune 500 companies,we know that major corporations are oftenleaders in workplace, market and supplychain inclusion.”

    Trump drew expressions of outrageby Latino advocacy groups and theirsupporters across the country when hemade his controversial remarks last monthduring a speech announcing his candidacyfor the Republican presidential nomination.

    “The U.S. has become a dumpingground for everybody else’s problems,”he said. “When Mexico sends its people,they are not sending their best…They’resending people with lots of problems…They’re bringing drugs. They’re bringingcrime. They’re rapists,” he said. “Andsome, I assume, are good people.”

    Others who spoke at the protestincluded D.C. shadow U.S. Housemember Franklin Garcia, who was thelead organizer of the event; D.C. shadowsenators Paul Strauss and Michael D.Brown; D.C. Council member DavidGrosso (I-At-Large); Maryland State Sen.

     Jamie Raskin and Maryland State Dels.Ana Sol Gutierrez and Joseline Pena-Melnyk; Arlington County Board member

     J. Walter Tejada; and D.C. Latino CaucusPresident Gabriela Mossi.

    Strauss, an attorney, called on thefederal government to remove the signwith Trump’s name from the side of thebuilding where the hotel is scheduled toopen in early 2017.

    “This isn’t a private hotel that Mr.Trump operates,” said Strauss. “This isnot land that he bought or a building that

    he constructed. He is a federal contractorwho won a bid and is working for thefederal government.”

    Strauss added: “We wouldn’t allow aConfederate flag up there. So why arewe allowing this logo, which Mr. Trumphimself is associated with insensitiveracist hate speech?”

    Concerning efforts to oust Trump fromthe hotel project, a spokesperson for theGeneral Services Administration told theWashington Post that Trump had notviolated his lease for the Old Post Offi ce

    building, suggesting there may not belegal grounds to remove Trump from themulti-million dollar project.

    “We haven’t gotten any complaints,” thePost quoted GSA spokesperson MafaraHobson as saying.

    Cherry Fund awards $17,000 to LGBT groups The Cherry Fund, the non-profit group that organizes D.C.’s annual Cherry

    dance party and benefit each April, announced it would give a total of $17,000this week to seven local LGBT and AIDS organizations.

    Cherry Fund President Allen Sexton said the group was to present checks tothe seven organizations on Wednesday, July 15, at a reception set to take placeat the 17th Street, N.W. gay club Cobalt from 7-9 p.m.

    He said the $17,000 in contributions to the organizations came from proceedsfrom the April 16-19 Cherry events that took place at several D.C. clubs, includingthe gay clubs Town and Cobalt, and the Howard Theatre.

    The recipient organizations this year include:• INOVA Juniper HIV/AIDS Services of Northern Virginia: $5,000• Capital Pride Alliance: $3,500• D.C. Center for the LGBT Community: $3,500• Trevor Project: $3,500• Wanda Alston House: $1,500• Advocates for Youth: $1,000Sexton said this year’s Cherry events marked the 18th anniversary of the D.C.

    dance party benefits that became known as Cherry Fund events. Dance partiesknown as the Cherry Jubilee began two years earlier, he said. They were referred

    to at the time as circuit parties, which were popular in gay community circles incities across the country.

    LOU CHIBBARO JR. 

    Len Hirsch memorial set for July 28

    A memorial celebration of thelife of Leonard P. “Len” Hirsch,the long-time LGBT rightsadvocate and founder of theLGBT government employeesgroup Federal GLOBE, will be held

    Tuesday, July 28, from 4-7 p.m.at the Carnegie Library at 801 KSt., N.W., according to longtimefriend Nancy Gray.

    Hirsch, 59, a senior policyadviser at the SmithsonianInstitution in Washington for26 years, died June 12 fromcomplications associated withcancer.

    Organizers of the memorial,including Gray, have said theevent would give Hirsch’s wide

    circle of friends, family, politicalassociates and colleaguesa chance to acknowledge his contributions to the Smithsonian, the LGBTcommunity and the community at large.

    LOU CHIBBARO JR.

    WASHINGTONBLADE.COM

    04 • JULY 17, 2015 LOCAL NEWS

    ‘Dump Trump’ protestfeatures gay Latino activist 

    LEN HIRSCH, founder of Federal GLOBE, died June 12.

    WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY

    The Cherry lineup of parties and events raised about $17,000 for area LGBT and HIV/AIDScharities.

    WASHINGTON BLADE FILE PHOTO BY PETE EXIS

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    WASHINGTONBLADE.COM  JU LY 17 , 2015 • 05

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    Bea Arthur homeless shelter breaks ground

    NEW YORK — A New Yorkorganization that serveshomeless LGBT youth isscheduled to break ground on

     July 20 on a new facility thatwill be named in honor of BeaArthur.

    Ali Forney Center ExecutiveDirector Carl Siciliano will joinseveral local elected offi cialsat the groundbreaking ofthe Bea Arthur Residence forHomeless LGBT Youth on East13th Street in Manhattan’sEast Village. The facility —which is slated to open nextyear — will have 18 beds forhomeless LGBT youth.

    Arthur, who died in 2009,bequeathed $300,000 to theAli Forney Center in her will.The New York City Counciland the Manhattan BoroughPresident in 2012 approved

    $3,300,000 to renovatethe building in which theresidential facility will belocated.

    “It meant the world to methat a star of the magnitude of Bea Arthur would do so much to help the AliForney Center in our work of housing homeless LGBT youths,” said Siciliano ina press release. “I am very grateful that we will now be able to honor Bea andcontinue to keep her compassion alive through the establishment of the BeaArthur Residence for Homeless LGBT Youth.”

     American Samoa reviewing marriage ruling

    PAGO PAGO, American Samoa — The government of American Samoa hasbegun to review last month’s U.S. Supreme Court ruling that extended marriagerights to same-sex couples throughout the country.

    The Samoa News earlier this month reported that Attorney General TalauegaEleasalo Ale said the government of the U.S. territory is “reviewing the opinionand its potential applicability to American Samoa.”

    The governors of Puerto Rico and the U.S. Virgin Islands have said theirrespective administrations will comply with the June 26 ruling in the Obergefellcase. Gays and lesbians began to marry in Guam last month after a federal judgestruck down the island’s same-sex marriage ban.

     Virgin Islands governor signs marriage order

    CHARLOTTE AMALIE, U.S. Virgin Islands — The governor of the U.S. VirginIslands on July 10 signed an executive order that requires offi cials in the territoryto allow same-sex couples to marry.

    Gov. Kenneth Mapp signed the mandate less than two weeks after the U.S.Supreme Court ruled gays and lesbians have the constitutional right to marrythroughout the country. The St. Croix Source reported that Senate PresidentNeville James, who is acting lieutenant governor while Lt. Gov. Osbert Potteris away from the U.S. territory, must “attest” to Mapp’s signature before hisexecutive order takes effect.

    Same-sex couples in neighboring Puerto Rico were able to begin applying formarriage licenses on July 13.

    Gays and lesbians are able to exchange vows in nearby St. Martin and St.Barthelemy. Same-sex couples can also legally marry in the Netherlands Antilles— Bonaire, Sint Eustatius and Saba — and on the French islands of Martiniqueand Guadeloupe. Aruba, Curacao and St. Maarten recognize same-sex marriagesthat are performed in the Netherlands.

    Lesbian plaintiff claimsretail giant violatedCivil Rights Act

    By LOU CHIBBARO [email protected]

    Two LGBT-supportive litigation groupsfiled a class action lawsuit on Tuesdayagainst retail giant Walmart on behalfof the company’s employees who weredenied health insurance benefits for theirlegally married same-sex spouses upuntil Jan. 1, 2014.

    The Boston-based Gay and LesbianAdvocates and Defenders and theWashington Lawyers’ Committee for Civil

    Rights and Urban Affairs filed the lawsuitin the U.S. District Court for the District ofMassachusetts.

    The suit charges that Walmart violatedTitle VII of the U.S. Civil Rights Act of 1964and the Massachusetts Fair EmploymentPractices Law by discriminating againstthe lead plaintiff, lesbian Jacqueline Cote,based on her sex.

    Walmart ended its ban on healthbenefits for its employees’ same-sexspouses on Jan. 1, 2014. But the lawsuitfiled on behalf of Cote and other Walmart

    employees who may join the class actionsuit calls for the company to compensatethem for damages they have suffereddue to the denied benefits.

    “Walmart broke federal law when itdenied vital benefits to workers who havesame-sex spouses,” said Peter Romer-Friedman, the Washington Lawyers’Committee’s director of litigation.

    “In an era where marriage equalityis supported by the American peopleand the U.S. Supreme Court, it is hardto believe that Walmart would treat

    its LGBTQ workers so poorly,” he said.“Because Walmart’s discriminationharmed working families across thecountry, we are filing a national classaction to ensure that Walmart finallyprovides these families the equal benefitsfederal law guarantees.”

    A spokesperson for Walmart couldn’timmediately be reached for comment.

    Cote told reporters during a telephonenews conference that as a longtimeemployee of Walmart’s Swansea, Mass.,store, she applied for spousal healthinsurance benefits for her wife shortlyafter the couple married in 2004, whenthe state legalized same-sex marriage.

    She said the company informed herthat while it provided health benefitsto opposite-sex spouses it had a policy

    of not providing those same benefitsfor legally married same-sex spouses.Cote said she and her wife, Diana “Dee”Smithson, struggled to pay for a separatehealth insurance policy for Smithson upuntil 2012, when the policy was cancelled.

    A short time later, she said, Smithsonwas diagnosed with ovarian cancer andshe incurred thousands of dollars inmedical bills while uninsured.

    “So during much of her cancertreatments she was uninsured and wehave over $175,000 in unpaid medicalbills of that period when she was withoutinsurance until 2014, when Walmartfinally allowed associates to providemedical insurance for their same-sexspouse,” Cote said.

    Allison Wright, a staff attorney at GLAD,said during the news conference that thelawsuit follows a complaint that GLAD filedon Cote’s behalf before the U.S. EqualityEmployment Opportunity Commission. She

    said the EEOC issued a determination thatWalmart’s treatment of Cote constitutedunlawful sex discrimination.

    According to Wright, in May of this year,the EEOC issued a “right to sue letter” toCote, which could open the way for a courtruling finding that gay people are coveredunder Title VII of the U.S. Civil Rights Act.

    “Many LGBTQ people across thecountry live without explicit protectionsfrom employment discrimination,” saidWright. “Strengthening protections forLGBTQ people under Title VII will helpthe poverty-stricken LGBTQ communityachieve economic equality and willassistant all LGBTQ workers in receivingequal treatment,” she said.

    � CONTINUES AT WASHINGTONBLADE.COM

    WASHINGTONBLADE.COM

    06 • JULY 17, 2015 NATIONAL NEWS

    Two LGBT legal groups on July 14, fileda lawsuit against Walmart on behalf ofgay employees who were denied health

    insurance benefits for their spouses.PHOTO BY BOBBY P; COURTESY OF WIKIMEDIA

     Walmart sued for denyingbenefits to gay spouses

    Late actress BEA ARTHUR donated $300,000 tothe Ali Forney Center in New York.

    PHOTO BY S BUCKLEY; COURTESY OF BIGSTOCK

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    Omnibus bill tocombat age-baseddiscrimination introduced

    By CHRIS [email protected]

    On the same day as the White HouseConference on Aging, the Obamaadministration announced newguidance Monday to make clear anti-LGBT discrimination is unacceptablein government-sponsored and insuredhousing, including housing for the elderly.

    Secretary of Housing & UrbanDevelopment Julian Castro said in astatement the new guidance reinforcesthe administration’s opposition to biasagainst the LGBT community in housingand elsewhere.

    “Every American deserves to live with

    dignity, regardless of who they love or whothey are,” Castro said. “HUD is committedto fighting unjust discrimination and toexpanding housing opportunity for all.”

    The five-page guidance from theDepartment of Housing & UrbanDevelopment spells out HUD-assistedmultifamily housing as well as housingsubject to a mortgage insured by theFederal Housing Administration mustbe made available regardless of actualor perceived sexual orientation, genderidentity or marital status. Such housing

    includes Section 202 Supportive Housingfor the Elderly, which provides rentsubsidies for low-income elders to makehousing affordable to them.

    Moreover, the guidance clarifies no owneror administrator of HUD-assisted housing,approved lender in an FHA mortgageinsurance program or any recipients or sub-recipient of HUD funds may ask about thesexual orientation and gender identity ofapplicants for such housing.

    The notice is signed by Edward Golding,principal deputy assistant secretary of

    housing, and addressed to multifamilyprogram centers, rural housing servicesdirectors contract administrators, multifamilyowners and management agents.

     Jennifer Ho, senior adviser to Castro,said in an interview with the WashingtonBlade the guidance doesn’t represent anew administrative policy change, but isa reminder about the Equal Access Ruleinstituted by HUD in February 2012 toprohibit anti-LGBT discrimination in housingsponsored by the federal government.

    “I think the point that we really want tomake clearly to multifamily developers isto make sure they pay attention to therule, make sure that they know we willnot tolerate discrimination against peoplebased on their sexual orientation or theirgender identity,” Ho said. “If they have a

    practice of doing that, we’ve got tools thatwe can use to say that’s not OK.”

    According to HUD, the department hasfiled 349 fair housing complaints basedon LGBT discrimination since the rule wasinstituted in 2012, although the numberof complaints that have been successful incourt isn’t readily available. Violating the rulecould result in HUD’s determination that anowner has failed to comply with programrequirements and the department maypursue any available remedy, including

    sanctions, to address the violation, the newguidance says.

    Ho said HUD periodically issuesguidance to reaffi rm opposition to anti-LGBT discrimination, such as a memoin February clarifying the Equal AccessRule applies to LGBT people seeking ahome loan and transgender individualsseeking access to homeless shelters,but the guidance was made public onMonday to coincide with the White HouseConference on Aging.

    “The sad truth is we can’t end

    discrimination but we can let organizationsknow that it’s not acceptable and if wefind out that they’re doing it, we haveactions that we can take to force themto correct their behavior…if that’s whatthey’re going to do,” Ho said.

    The White House Conference on Aging,which has taken place each decade sincethe 1960s, seeks to identify and advanceactions to improve the quality of life forolder Americans.

    LGBT advocates have high hopes theevent will cast a spotlight on issues facingLGBT elders. According to a 2014 SAGEreport, one-in-eight older LGBT adults andone-in-four transgender older adults saythey were the victims of discrimination onthe basis of their sexual orientation andgender identity when searching for housing.

    Michael Adams, executive director ofServices & Advocacy for GLBT Elders, orSAGE, said his organization is “extremelypleased” with the HUD guidance.

    “HUD’s announcement is a strong steptoward ending discrimination againstLGBT people in federally supported seniorhousing,” Adams added. “With a recentreport showing that housing discriminationagainst LGBT elders is rampant, this is

     just the kind of leadership we need fromthe federal government. Now we need to

    make sure that these anti discriminationprotections are effectively implemented.”

    Ho said Congress should strengthen U.S.code to prohibit anti-LGBT discriminationexplicitly on the basis of sexual orientationand gender identity, which would providemore robust protections and apply insituations other than housing sponsoredby the federal government.

    “The Fair Housing Act is under the purviewof Congress, and we think that the FairHousing Act could be strengthened…but ifit’s not something that Congress is ready to

    do, then as an administration, we are takingall the actions that we can,” Ho said.In a related development, the senior

    U.S. senator from Colorado reintroducedon Tuesday legislation intended to aidLGBT elder Americans.

    Sen. Michael Bennet (D-Colo.)introduced the omnibus bill, which isknown as LGBT Elder Americans Actand aims to make additional resourcesavailable to elder LGBT Americans. Thebill, which would build upon the OlderAmericans Act, would designate LGBTseniors as a vulnerable populationand permanently establish a NationalResource Center on LGBT Aging.

    Bennet said in a statement thelegislation is important because as thenumber of Americans age 65 and older

    surges over the next few decades, thenumber of LGBT older adults is expectedto double to 3 million by 2030.

    “As baby boomers continue to age, it’simportant that we understand the uniqueneeds of this diverse generation,” Bennetsaid. “For LGBT seniors, questions abouthealth care and financial issues can beparticularly diffi cult without a trustworthyadvocate to help guide them throughthese challenging decisions. And now,with full marriage equality thankfully the

    law of the land, many older LGBT coupleshave additional planning decisions tomake. This bill will help aging serviceorganizations assist older LGBT adultsand their caregivers. Above all, it willprovide LGBT seniors and their familiesthe peace of mind that their best interestsare being considered.”

     Joining Bennet as original co-sponsorsof the legislation are Sen. TammyBaldwin (D-Wis.), the only out lesbianin the U.S. Senate, and Sen. Jeff Merkley(D-Ore.), who’s known as a champion of

    LGBT rights.According to a fact sheet accompanyingthe bill, many Area Agencies on Aging, orlocal organizations that seek to fosterindependence in aging, offer LGBTcultural competence training to theirstaff, but very few offer LGBT-specificprograms or outreach. Less than half saythey would be able to offer or fund LGBT-specific services, the fact sheet says.

    The legislation was first introducedin 2012 during the 112th Congress. Inthe previous Congress, Rep. SuzanneBonamici (D-Ore.) introduced LGBT-inclusive legislation inclusive to thereauthorization the Older Americans Actthrough fiscal year 2018, but neither herversion, nor the Republican version of thelegislation, saw any traction.

    WASHINGTONBLADE.COM

    08 • JULY 17, 2015 NATIONAL NEWS

    HUD Secretary JULIÁN CASTRO said anti-LGBT bias is unacceptable in housing.

    WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY

    HUD: No bias against LGBT elders in gov’t housing

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    Boy Scouts closer toallowing gay adults

    The Boy Scouts of America on Monday announced an executive committee

    has unanimously approved a resolution that would allow openly gay adults tohold leadership positions within the organization.

    The Boy Scouts of America Executive Committee on July 10 adopted a resolutionthat would allow openly gay adults to hold paid and volunteer positions. Theseinclude scoutmasters and unit leaders.

    “No adult applicant for registration as an employee or non-unit-servingvolunteer, who otherwise meets the requirements of the Boy Scouts ofAmerica, may be denied registration on the basis of sexual orientation,” readsthe resolution.

    The new policy would allow openly gay people who were previously removedfrom leadership positions because of their sexual orientation to reapply. Theresolution also states the Boy Scouts of America will “continue to legally defend— or indemnify — the rights of its religious chartered organizations to choose

    leaders whose beliefs are consistent with their own.”“If ratified, adult leaders who were previously unable to serve in scoutingmay apply for volunteer leadership positions and will be eligible for selectionif otherwise qualified, regardless of sexual orientation or preference,” readsthe resolution.

    Zach Wahls, executive director of Scouts for Equality, a group that has urgedthe organization to allow openly gay adults to serve in leadership positions, onMonday welcomed the resolution’s approval.

    “For decades, the Boy Scouts of America’s ban on gay adults has stood asa towering example of explicit, institutional homophobia in one of America’smost important and recognizable civic organizations,” said Wahls. “While thispolicy change is not perfect — BSA’s religious chartering partners will be allowedto continue to discriminate against gay adults — it is diffi cult to overstate theimportance of today’s announcement.”

    The Boy Scouts of America in 2013 began admitting openly gay scouts, but itsban on out adult leaders remained in place. Boy Scouts of America PresidentRobert Gates in May said the policy “cannot be sustained.”

    MICHAEL K. LAVERS

    Says Boy Scouts’ gay ban‘protected children’

    By CHRIS [email protected]

    Wisconsin Gov. Scott Walker becamethe latest candidate Monday to declarehis intention to run for the Republicannomination for the White House in 2016.

    The two-term governor — who’ssurvived a recall election and won threestatewide elections as governor in amoderate state — formally announcedhis candidacy during a 30-minute speechat a rally in Waukesha, Wis.

    “After a great deal of thought and a

    whole lot of prayer, we are so honoredto have you join with us today as weoffi cially announce that we are runningto serve as your president of the UnitedStates of America,” Walker said.

    Walker wasted no time in attackingLGBT people, as he weighed in Tuesdayon a plan by the Boy Scouts of Americato potentially lift its ban on gay adultsworking in the organization.

    “I was an Eagle Scout, my kids havebeen involved, Tonette [Walker] was aden mother,” Walker said. “I have had

    a lifelong commitment to the Scoutsand support the previous membershippolicy because it protected children andadvanced Scout values.”

    The Boy Scouts in 2013 lifted its ban onchildren who identify as gay from takingpart in the organization, but on Mondaythe executive committee unanimouslyapproved a resolution that would allowgay adults to serve as leaders. A final voteon the resolution is set for July 27.

    Much of Walker’s announcementspeech on Monday consisted of him

    touting the conservative policies heimplemented in Wisconsin as governor,including hampering unions, passingabortion restrictions, defunding PlannedParenthood, signing into law concealedcarry and requiring photo IDs to vote.But Walker also articulated a vision forhis presidency at the federal law, whichincluded repealing Obamacare, defeatingradical Islam, eliminating the nationwideeducation standards under CommonCore and tossing out the deal PresidentObama is pursuing with Iran.

    “I’m for reform, growth, safety,” Walkersaid. “I’m for transferring power fromWashington to the hands of hardworkingtaxpayers in states all across the country.That’s real reform. … And I’m for protectingour children and our grandchildren from

    radical Islamic terrorism and all threats ofthe world. That’s true safety.”

    Walker enters a crowded field ofcandidates seeking the Republicannomination to run for the presidency,but is showing signs of strength. Pollshave consistently showed him leadingthe pack among Republican voters inIowa, which holds the first statewidecontest on who’ll win the nomination. AQuinnipiac University poll published on

     July 1 found Walker in the lead with 18percent support among likely caucus-

    goers followed by Donald Trump and BenCarson at 10 percent each.Walker didn’t mention LGBT issues in his

    speech, but said he values “strong families”in his remarks and children being raised byboth their parents, which may be a hint atopposition to same-sex parenting.

    “We know that children are raised in ahousehold with both parents involved aremore likely to finish school, to get a good

     job and to live a life free of governmentdependence,” Walker said. “We need afederal government that will actuallystand up and support strong families bygetting rid of the marriage penalty and bygetting rid of welfare policies that makeit hard for fathers to play an active rolein the lives of their children. We need toencourage families.”

    WASHINGTONBLADE.COM

    NATIONAL NEWS   JU LY 17 , 20 15 • 09

    A Boy Scouts of America committee unanimously approved a resolution that wouldallow openly gay adults to hold leadership positions within the organization.

    WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY

     Walker enterscrowded 2016 race

    Gov. SCOTT WALKER (R-Wis.) announced heis seeking the presidency in 2016.

    WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY

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    Lawyer who arguedcase talks breaking‘that historic barrier’

    By CHRIS [email protected]

    For Mary Bonauto, the U.S. SupremeCourt ruling in favor of same-sex marriagemarked the end of a long effort that beganafter an initial victory 12 years ago.

    Bonauto, who was the oralist in theObergefell v. Hodges case that broughtmarriage equality to all 50 states, alsoserved as lead attorney in the 2003Massachusetts case of Goodridge v.Department of Public Health that wonsame-sex marriage in the Bay State,making it the first in the nation to allowgay nuptials.

    Looking back at her involvement in both

    historic cases during an interview withthe Washington Blade, the Maine-basedlawyer who serves as civil rights directorfor Gay & Lesbian Advocates & Defenderssaid, “there are obvious similarities anddifferences,” but the litigation boils downto the same principles of due process andequal protection.

    “The same themes and principlesare in our state constitution and in theU.S. Constitution,” Bonauto said. “That’spart of what the 14th Amendment isall about. So, the legal principles are

    the same…real people whose lives aredramatically affected about whether theycan participate in marriage or not. I thinkthe…legal principles are identical eventhough they’re different constitutions.”

    But a key difference between thetwo cases is that before the Goodridgedecision, no state in the country affordedmarriage to same-sex couples. Afterthe Obergefell ruling, those rightsare guaranteed to same-sex coupleswherever they go in the country.

    In the aftermath of the Supreme Court

    decision, Bonauto acknowledged a kindof bookend feeling about the years-longendeavor, which started even before theMassachusetts decision during an earlierattempt to win marriage equality inVermont that resulted in civil unions forthe state.

    “There’s a way in which that it’sincredible to sort of open the door andbreak that historic barrier at a state leveland then obviously to break that historicbarrier at a national level,” Bonautosaid. “It’s incredible. It’s a real honor,and because millions of people madeit happen, I don’t want to get carried inmy own role. I am aware of how manypeople have worked so far to make thisday come into being.”

    Marc Solomon, national campaign

    director for Freedom to Marry, workedwith Bonauto 12 years ago in his roleleading MassEquality during the marriageequality fight in Massachusetts andmore recently to win same-sex marriagenationwide before the Supreme Court.

    “There’s a reason Mary Bonauto

    is one of two people I dedicated mybook ‘Winning Marriage’ to,” Solomonsaid. “She’s a true warrior for the cause —unwilling to accept no for an answer andyet in for the long haul, knowing that realsocial change takes relentless persistenceover many years. Mary refused to settlefor civil unions in Vermont and droveforward the historic marriage case inMassachusetts. She and I partnered up inthe State House to kill two constitutionalamendments that would have undonethe decision. And then she refused to

    accept the federal government’s refusalto respect those marriages, puttingtogether a multi-pronged strategy toundo DOMA. To me, it was profoundpoetic justice that the legal teams askedMary to argue the ultimate questionbefore the Supreme Court — she’dearned it, and she nailed it.”

    On the day of oral arguments on April28, Bonauto had never argued beforethe U.S. Supreme Court. But she saidpreparation from each of the legal groupsand private counsel involved in the casesassuaged the daunting stress of the task.

    “I’ve always felt enormous responsibilityfor any case I’ve argued,” Bonauto said.“That’s both the joy and the terror ofworking in an LGBT legal organizationwhere you’re really trying to break down

    barriers to secure equality and justicefor people, so there’s a way in which thefeeling was familiar. But I will say this,there are many people who offered theirsupport and encouragement and advice.”

    In some respects, Bonauto said theadvice was dead wrong. She recalled anadviser telling her U.S. Associate JusticeAnthony Kennedy would be very quietduring the argument, which ended upbeing wrong, as he posed questionsduring the arguments for and againstfinding a constitutional right to same-sexmarriage. But Bonauto said that falseprediction didn’t matter because shereceived many ideas on approaching theargument and valued each of them.

    “One question that stays with me is Justice Kennedy when he suggested apossible analogy between the trajectorybetween Brown v. Board of Educationand Loving v. Virginia on one hand, and

    Lawrence v. Texas — which, of course,many people view as our Brown v. Boardof Education — and the arguments thenbefore the court,” Bonauto said. “I dothink that analogy is apt and tried todeepen it by saying the similarities gofurther in terms of how the issues havebeen tested. Gay people’s citizenship hasbeen contested for a very long time, evento the point where marriage cases havebeen before the court previously in thecase of Baker v. Nelson.”

    Media reports, including an article

    in March in the National Law Journal,indicated the attorneys involved in themarriage litigation before the SupremeCourt were in dispute over the bestperson to designate as oralist. At onepoint, attorneys representing same-sexcouples asked the court to allow dividedtime for each of them to argue before thecourt, but in the end Bonauto was chosento argue against state prohibitionskeeping same-sex couples from marrying.

    Bonauto had no comment on the disputeor why she was designated to argue before

    the Supreme Court in the cases.“As you know, we’re not reallydiscussing that,” Bonauto said. “Thebottom line is there are many capablepeople who could have done it, and thisis where we landed. So, I really don’t wantto say anything more on that.”

    Also arguing before the court in favorof same-sex marriage was U.S. SolicitorGeneral Donald Verrilli, whom Bonautosaid “did a terrific job” both in briefing andargument, and Doug Hallward-Driemeier,who argued before the court that statesmust recognize same-sex marriagesperformed elsewhere.

    Twelve years ago, Bonauto learnedabout the Massachusetts decision onsame-sex marriage after obtaining a copyof the ruling, erroneously believing at

    first she had lost the case because shehad turned to the dissenting opinion.She realized the truth of her victory afterturning to the majority opinion.

    There was no room for such confusionwith the Obergefell decision because shefound out about the ruling on June 26 inthe courtroom after Chief Justice JohnRoberts announced Kennedy had theopinion in the case.

    “When the chief announced that itwas Obergefell, really you could just sortof feel the change in the room, and youalso just heard at the point, you couldhave a heard a pin drop,” Bonauto said.“Honestly, I was sitting next to peoplewho I knew stopped breathing for aperiod of time, and then eventually youbegan to heard sniffl ing and one personwas actually sobbing when the decisionwas read.”

    But Bonauto said she was struck

    by Roberts, who read his first-everdissent from the bench, when he saidthe Constitution had nothing to do withthe victory for same-sex marriage. Asshe prepared to address the crowd andmedia waiting before the Supreme Court,Bonauto said she “wanted to make clearthat the Constitution had everything todo with it.”

    “I was pretty excited,” Bonauto said.“Everybody else was excited, too. It turnedout I couldn’t go down out the front door.For some reason, they closed the front

    doors and they routed us out a side door,but we eventually connected with thepeople from the other states, from Ohioand Kentucky. It was beautiful.”

    Reflecting on the majority opinion,Bonauto said she thought Kennedy’sattention to the personal aspects of thecases and details of plaintiff same-sexcouples was powerful.

    “Having read it now a number of times,one of the interesting things that really

     jumps out at me is how the majorityopinion clearly talks about gay and lesbian

    people, same-sex couples,” Bonauto said.“It talks about the petitioners a numberof times in various cases as the flesh andblood who we are. By contrast, each ofthe court’s dissenting opinions neverreally address the petitioners.”

    Questions remain about the extent towhich Obergefell v. Hodges will proveuseful for LGBT advocates in subsequentlitigation, such as potential challengesto non-discrimination laws or religiousfreedom measures seen to enable anti-LGBT discrimination.

    So what’s next? Bonauto cited a longlist of potential areas, including passageof a federal non-discrimination bill, workto highlight issues facing LGBT youth,parenting issues for same-sex couplesand transgender visibility.

    WASHINGTONBLADE.COM

    10 • JULY 17, 2015 NATIONAL NEWS

    MARY BONAUTO delivered oral argumentsin the Supreme Court marriage cases.

    WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY

    ‘Warrior’ Bonauto reflects on marriage decision

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    Gay Men’s Chorus performs in CubaEDITOR’S NOTE: Chase Maggiano, executive director of the Gay Men’s Chorus of Wash-ington, is blogging about his experiences in Cuba. For more of his posts, visit washington-blade.com.

    To talk about the Gay Men’s Chorus of Washington’s first day in Cuba means

    going back in time. But I don’t mean going back several decades when mostof the cars on the island were built. Rather, we’re just looking back to one daybefore we left the USA for what I have already found to be an enchanting countryfull of personality, beautiful and strange dichotomies, and plenty of heart.

    Our Cuba experience actually started the night before we left with a movingand well-attended kickoff performance at Trinity Cathedral in Miami, where mybrother is the assistant dean.

    Churches are often associated with antipathy toward the LGBTQ movement.But being hosted by the cathedral for the kickoff concert of a tour that promotesLGBTQ rights in the Caribbean makes me one proud brother. Hearing thephenomenal sounds that came from 21 talented musicians makes me oneproud ED.

    The following morning, on Saturday, July 11, just a few hours before departing

    for Cuba, I awoke to an email criticizing GMCW for accepting an invitationfrom Mariela Castro and thereby legitimizing the oppression that is historicallyassociated with Cuba. It wasn’t the first time we had received this kind ofmessage and I have been ready to hear it for quite some time. But if I have to behonest with myself, I was angry when I first read the message. “Isn’t our work asmusicians beyond politics?” I thought...in a not unusual flash of idealism.

    But quickly I checked myself. There is very real pain in Cuba’s history,particularly for LGBTQ people. There is very real and positive change that hasoccurred in Cuba, and Mariela Castro’s influence will always be linked with that.There is still a long way to go on the island, and yes, there are very real politicsassociated with an LGBTQ concert tour in Cuba. We are citizen diplomats.

    I was reminded of these politics as I sat at dinner on our first night next toAmbassador DeLaurentis, head of the U.S. Interests Section in Cuba (and thepresumed new ambassador to Cuba beginning July 20 after diplomatic relationsare formalized again.) Many times in our conversation I was reminded of two things:that people connecting with people is the best way to advance social change; andarts and music are always ahead of politics when it comes to democracy.

    CHASE MAGGIANO

    Dominican LGBT advocate seeks elected of ce

    SANTO DOMINGO, Dominican Republic — A prominent Dominican LGBT rightsadvocate has declared his candidacy for the Santo Domingo Municipal Council.

    The Citizens Movement, a group that seeks to increase the number of Dominican civilsociety members who participate in the country’s political process, on June 8 announced

    that Deivis Ventura, coordinator of the Amigos Siempre Amigos Network of Volunteers,which is based in the Dominican capital, is a candidate for the legislative body.

    Ventura, 41, is one of three LGBT rights advocates who are running for seats on theSanto Domingo Municipal Council. He would represent the Dominican capital’s ColonialZone and San Carlos neighborhood if he garners enough votes in local elections that arescheduled to take place in May 2016.

    Ventura told the Washington Blade on June 19 during an interview at his offi cenear the Presidential Palace that human rights factor prominently into his campaignplatform. He said he hopes to make Santo Domingo a city that “is really for everyone”and where transgender people, gay and black men and everyone else “can enjoy publicspaces without any type of discrimination.”

    “We are going to have a city that really is for everyone, and also a city that is free ofdiscrimination,” Ventura told the Blade.

    Ventura said he also supports a proposed ordinance that would ban businesses fromdiscriminating against potential patrons and clients. These include black, gay and poorpeople whom the advocate maintains are frequently prevented from entering bars inSanto Domingo because of their appearance.

    “We want to put pressure on them,” said Ventura, referring to businesses he saysdiscriminate against these groups.

    Ventura is among the LGBT rights advocates from Latin America and the Caribbeanwho visited Washington and other U.S. cities in 2014 as part of a State Department-sponsored trip. The Dominican activist also attended a training sponsored by the Gayand Lesbian Victory Fund and the U.S. Agency for International Development that tookplace last September in the Peruvian capital of Lima.

    Ventura told the Blade that he feels gay U.S. Ambassador to the Dominican Republic James “Wally” Brewster has helped to make the local LGBT community more visible

    since President Obama confirmed him to the post in late 2013.“He’s working very well as an ambassador,” said Ventura. “He has forced thegovernment to acknowledge the LGBT community because he is LGBT.”

    Ventura described efforts to promote LGBT tourism and business in the DominicanRepublic as “good initiatives.” He nevertheless remains highly critical of the Dominicangovernment and its response to LGBT-specific issues.

    Victor Terrero, director of the National HIV and AIDS Council, which implementsthe country’s response to the epidemic, told the Blade during a June 19 press event inSanto Domingo’s Colonial Zone that a proposed anti-discrimination bill includes sexualorientation and gender identity. Ventura said the measure does not specifically mentionLGBT Dominicans, those of African descent and other marginalized groups.

    “We do not seem visible in the government’s agenda as LGBT people,” Ventura toldthe Blade. “There is no article that mentions us in which specific action towards ourpopulation appears.”

    “There is a very rich, very innovative communal outlook among the groups,” headded, referring to Dominican LGBT advocacy organizations. “There are many moreDominicans who feel that the Dominican LGBT groups are maturing, but we still havethis big challenge now with this formula that the government has planted.”

    MICHAEL K. LAVERS

    WASHINGTONBLADE.COM

    INTERNATIONAL NEWS   JU LY 17 , 20 15 • 11

    Members of the Gay Men’s Chorus of Washington perform in Havana on July 14.

    PHOTO COURTESY OF CHASE MAGGIANO

    DEIVIS VENTURA, a prominent Dominican LGBT rights advocate, is running for a seat on theSanto Domingo Municipal Council.

    WASHINGTON BLADE PHOTO BY MICHAEL K. LAVERS

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    Republicans quiet as Pentagon moves to end trans bancreate a working group to study over thenext six months the policy and readinessimplications of allowing transgenderpersons to serve openly and 2. Authorityto discharge service members for beingtransgender will be elevated to a seniorcivilian offi cial to make determinationson potential separations.

    The senior civilian offi cial responsibleboth for conducting the working groupand deciding whether or not to discharge aservice member based on gender identitywill be Brad Carson, acting under secretaryof defense for personnel and readiness,Carter said. Other members of the group,which will report to Deputy Secretaryof Defense Bob Work, are military andcivilian personnel representing all themilitary services and the Joint Staff.

    “As I’ve said before, we must ensure thateveryone who’s able and willing to servehas the full and equal opportunity to do so,

    and we must treat all our people with thedignity and respect they deserve,” Cartersaid. “Going forward, the Department ofDefense must and will continue to improvehow we do both. Our military’s futurestrength depends on it.”

    Although repeal of “Don’t Ask, Don’tTell” enabled openly gay people to servein the U.S. military, transgender peopleare still barred from service becauseof medical regulation. The policy isregulatory, not law, so the Obamaadministration could institute a change

    at any time on its own.A senior defense offi cial said the

    announcement represents the first stepin removing the ban on transgenderservice. The Pentagon is implementingthe change at this time, the offi cial said,because of a growing sense in the countrythat transgender service is somethingthat needs to be addressed both in themilitary and elsewhere. The offi cial saidit’s premature to know what will replacethe medical regulation prohibiting opentransgender service, such as guidance or

    a non-discrimination policy.The offi cial said the planned changefollows high-level meetings betweenCarter and the military chiefs, secretariesand Defense Department leaders — bothindividually and in groups. Most of theseprincipals didn’t express opposition tolifting the ban on trans service becausethey knew the change was coming,the offi cial said. However, the offi cialacknowledged there were some outlierswhom he refused to name that expressedconcern about why this change wastaking place at this time amid nationalsecurity issues with the Islamic State ofIraq & Syria, Iran and China.

    The Pentagon doesn’t keep track of howmany service members are dischargedunder the ban on transgender service.

    A report last year from the University ofCalifornia, Los Angeles, estimated that15,500 transgender people are currentlyserving in the armed forces.

    Both the White House and Defense

    Secretary Ashton Carter have expressedopenness to the idea of transgendermilitary service. Although each ofthe military services has individuallythroughout this year raised the authorityto discharge someone for beingtransgender, no Defense Department-wide action has taken place until now.

    Chad Griffi n, president of the HumanRights Campaign, welcomed the news.

    “Transgender Americans have everyright to serve their country openlyand honestly, and for far too long, this

    discriminatory ban has robbed them ofthe dignity of doing so,” Griffi n said.The White House didn’t respond to a

    request for comment on the news or theextent to which President Obama wasinvolved in the decision.

    Allyson Robinson, a transgender Armyveteran and director of policy of the LGBTmilitary group SPARTA, said the plannedchange is the result of a hard-fought struggle.

    “This is a tribute to the honorablemilitary service of thousands oftransgender Americans. There is muchmore to do, but the Secretary’s clear

    intent to treat transgender soldiers,sailors, airmen, and Marines with thesame dignity and on equal footing withother service members aligns withthe core values of our Armed Forces,”

    Robinson said. “We stand ready toprovide resources to the Working Groupfor the regulations changes required totake care of all the troops.”

    Meanwhile, the response from

    Republicans on Capitol Hill to thePentagon’s plan to end its ban ontransgender service members isresounding silence.

    Sen. Tim Scott (R-S.C.) was succinctwhen asked by the Washington Bladein the halls of the Senate whether hewas aware of the news and his thoughtsabout it. “I read it,” Scott replied.

    Asked if he had a reaction to the planfor open transgender service, Scott said,“Not yet.”

    In response to another question on

    where he thinks he’ll end up on theissue, Scott said, “You can give us a callif you like.” His offi ce didn’t respondto the Blade’s follow up for additionalinformation.

    Sen. Jeff Flake (R-Ariz.), one of 10Senate Republicans who voted for theEmployment Non-Discrimination Act in2013, said he was unaware of the plan.

    “I haven’t seen it,” Flake said. “I’ll look at it.”Sen. Jeff Sessions (R-Ala.), who has a

    reputation for being an ardent opponentof LGBT rights, also had little to say whenasked about the Pentagon’s plan.

    “I saw that, but I’m not aware of any ofthe details,” Sessions said.

    Asked whether the change soundedlike something he could support,Sessions replied, “Well, I’d like to see

    what the military says about it. I have notdone that.”

    None of the offi ces of the 10 SenateRepublicans who voted for ENDA in 2013immediately responded to the Blade’srequest for comment on the change.Among them is Sen. John McCain (R-Ariz.),who as chair of the Senate Armed ServicesCommittee could order congressionalhearings on the issue.

    Also not responding to a request for

    comment was Republican presidentialcandidate Lindsey Graham (R-S.C.), who aschair of the Senate Armed Services personnelsubcommittee could also hold hearings.

    During a previous appearance onthe news channel Fusion, Graham said“my preference is to allow everybody toserve” when asked about transgenderservice, but added he needed to consultfirst with military leaders on why the banwas in place.

    The offi ces of House Speaker JohnBoehner (R-Ohio), Senate Majority

    Leader Mitch McConnell (R-Ky.) andHouse Armed Services Committee ChairMac Thornberry (R-Texas) also didn’timmediately respond to a request forcomment on the change.

    The silence is consistent with anapparent new trend among Republicansnot to talk about LGBT rights (or, morespecifically, their opposition to them)amid rising approval for such rights innational polls. According to GOP pollingmade public by Time magazine earlierthis month, 59 percent of Republican

    voters at the national level agree thereshould be laws banning discriminationagainst gay people in employment,housing, credit, education and publicaccommodations. Among youngerRepublican voters, 79 percent supportsuch a measure.

    Key Democrats, on the other hand,are embracing news the Pentagonis on its way to implementing opentransgender service.

    Sen. Tammy Baldwin (D-Wis.), the onlyout lesbian in the U.S. Senate, said in a

    statement to the Blade she’s pleased withthe development and wants to hear voicesof transgender service members as part ofthe process leading to open service.

    “I applaud the Pentagon for takinganother major step forward towardsa fairer and more equal nation, byensuring that all those who wish to servetheir country are able to do so openlyand honestly,” Baldwin said. “There arealready transgender people servingin our Armed Forces with courageand distinction today, and I urge theDepartment of Defense to include their

    voices in the review process.”Also issuing statements in support of

    the development were House MinorityLeader Nancy Pelosi (D-Calif.) and HouseDemocratic Whip Steny Hoyer (D-Md.).

    WASHINGTONBLADE.COM

    12 • JULY 17, 2015 COVER STORY

     CONTINUED FROM PAGE 01

    ‘The Defense Department’s current regulations regarding transgender service members areoutdated and are causing uncertainty that distracts commanders from our core missions,’Defense Secretary ASHTON CARTER said on Monday.

    WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY

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     jury that then 20-year-old ChristinaLucas and her twin brother ChristopherLucas knocked the gay male victim tothe ground and punched and kicked himwhile shouting anti-gay names.

    A police report says witnesses toldpolice that Christina Lucas slashed thevictim’s face with a sharp object while

    he was lying on the ground shortly aftercalling him a “faggot motherfucker.”

    Court records show that at the time ofher arrest, Christina Lucas told police she isa lesbian and shouldn’t rightfully be accusedof committing an anti-gay hate crime.

    Police and prosecutors said theincident occurred on Oct. 19, 2013 atthe intersection of Sherman Avenue andHarvard Street, N.W. The police reportsays the assault began shortly after thevictim and his mother and female cousinleft a party at a nearby house and were

    attempting to hail a taxicab.“The only reason that the U.S. Attorney’s

    Offi ce has brought this case against theLucas’s as an assault with a hate crimeattachment was because the grand juryinsisted upon it,” said the former grand juror.“If it had been left up to the U.S. Attorney’sOffi ce a hate crime would not have beenattached,” the former grand juror said.

    William Miller, a spokesperson forthe U.S. Attorney’s Offi ce, said strictconfidentiality requirements pertainingto grand juries prevent his offi ce from

    commenting on any aspect of the grand jury’s deliberations over the prosecutionof the Lucas siblings.

    “We are barred by law from violatingthe secrecy of grand jury proceedings,and so we are unable to commentregarding that process,” he said.

    Court records show that the grand juryindicted Christina and Christopher Lucason a charge of aggravated assault whilearmed with a hate crime designation.

    Assistant U.S. Attorney Veronica Renzi

     Jennings, the lead prosecutor in thecase, made a strong presentation fora hate crime conviction during a two-week-long trial in May before a regularSuperior Court jury. After less than a dayof deliberations, the jury found the twoguilty as charged of committing a hate-related aggravated assault while armed.

    The trial jury also found ChristopherLucas guilty of a separate charge of simple

    assault stemming from the allegationby police that he punched the victim’scousin in the face during the October2013 altercation when she attempted tostop the attack against the victim.

    On June 29, D.C. Superior Court JudgeYvonne Williams sentenced the Lucassiblings to one year in jail and five years ofsupervised probation upon their release,a sentence that police and prosecutorsbelieve is far too lenient, according to apolice source.

    Attorneys representing Christopher

    and Christina Lucas did not respond to arequest by the Blade for comment.

    The former grand juror said Jenningsmay have been one of two femaleprosecutors from the U.S. Attorney’sOffi ce that presented the Lucas casebefore the grand jury. But now, nearlya year later, the grand juror wasn’tcertain that Jennings was one of the twoprosecutors that didn’t ask for a hatecrime indictment.

    “They sort of hemmed and hawed,” theformer grand juror said when recounting

    the two prosecutors’ response toquestions by grand jurors over why theydidn’t include a hate crime designation intheir proposed indictment.

    “They never really said we didn’t do itbecause we didn’t think it was this,” saidthe grand juror. “They just sort of said,well, we brought it in this way. And if youguys want to add a hate crime I guess youcould do so.”

    The grand juror added: “I came homereally upset that first day because it was

    clear to me. We heard the witnesses. Weheard the mother. We heard the cousin.We heard the police …We heard from thevictim himself. It was clear to me it was ahate crime, and they weren’t presentingit that way at all.”

    According to the former grand juror,several of the 21 grand jurors hearingthe case were troubled further after theytold the two prosecutors they wanted to

    indict the case as a hate crime but theindictment form given to them a shorttime later made no mention of a hatecrime or bias-related charge.

    When one of the grand jurors insistedthat the indictment include a hate crimeattachment the 21 members of the grand

     jury voted unanimously to add the hatecrime designation to the main charge ofaggravated assault while armed, said theformer grand juror who spoke to the Blade.

    “And when they brought it back thesecond time the hate crime had been

    added to it because we had insisted onit in the initial vote,” the grand juror said.

    Experts familiar with the U.S. grand jury system have sometimes referredto grand juries acting in this way as a“runaway” grand jury.

    A paper on the website of theUniversity of Dayton School of Law sayshistorically, many U.S. grand juries in the19th century were independent-mindedand assertive but by the 20th centurygrand juries had “pretty much” comeunder the control of prosecutors.

    “A runaway grand jury is an exceptionto this rule – the grand jurors ignore theprosecutor(s) and start making their owndecisions,” the paper says.

    LGBT activists familiar with the caseof the Lucas siblings said that while theywere pleased that the U.S. Attorney’sOffi ce di ligently prosecuted the caseas a hate crime at the trial, they weretroubled over the former grand juror’saccount that the offi ce initially chose notto ask the grand jury to hand down a

    hate crime indictment.“If that’s not a hate crime, I don’t know

    what is,” said Earl Fowlkes, executivedirector of the D.C.-based national LGBTadvocacy group Center for Black Equityand president of the Gertrude SteinDemocratic Club.

    “The fact is the grand jury took theopportunity to do the right thing, not theU.S. Attorney,” Fowlkes said. “But this

    is not the first time this has happened.There must be some reason why the U.S.Attorney’s Offi ce is so reluctant to do this.There’s been case after case after case.”

    Fowlkes was referring to concernsraised by LGBT activists going back morethan 10 years about cases in which LGBTpeople in D.C. have been attacked andmurdered and the activists believed thecase should be listed as a hate crimebut the U.S. Attorney ’s Offi ce did notdesignate it with such a listing.

    He noted, among others, the case of

    23-year-old transgender woman Deoni JaParker Jones, who was stabbed todeath at a bus stop in Northeast D.C.in February 2012. Jones’ parents andfriends are convinced she was targetedby the man charged with her murderbecause of her status as a trans woman.But the U.S. Attorney’s Offi ce said it hadinsuffi cient evidence to file a hate crimecharge in the case.

    In a separate case in September 2008,Tony Randolph Hunter, a gay man leavinghis car to go to a gay bar on 9th Street,

    N.W., was punched in the face by oneof several young men walking past himon the street. Hunter fell to the ground,hitting his head on the pavement. Hedied a short time later at a hospital of asevere brain injury.

    The assailant said Hunter groped himin a sexually provocative way, somethingHunter’s friends said he would neverhave done.

    CONTINUED FROM PAGE 01

    WASHINGTONBLADE.COM

    COVER STORY   JU LY 17 , 20 15 • 13

    ‘Runaway’ grand jury rebukes U.S. Attorney

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  • 8/20/2019 Washingtonblade.com, Volume 46, Issue 29, July 17, 2015

    14/40

    Demolition forces move of Pride block party

     Just as locals thought the 2015 Baltimore Pride block party was returning to itsfamiliar Eager and Charles streets locale after a one-year absence, a schedulingsnafu by the City of Baltimore threw a wrench into those plans. Offi cials issueda permit to perform demolition and repaving of the parking lot (adjacent to ClubHippo and Grand Central Station nightclub) that has traditionally been used tohost Pride vendors during the block party.

    Additionally, the building on the north side of the parking lot (1010 N. CharlesSt.) has been demolished. Pride coordinator Paul Liller said he was notified ofthe parking lot construction in early June. News of the construction permit came

    months after Baltimore Pride submitted its permit to use the space. This can beseen as an oversight by the city, says Liller, which essentially issued two permitsfor the same space during the same period of time.

    After meeting with city offi cials, the fire department and the permit offi ce inmid-June, it was discovered that the construction would not be completed inadvance of the block party on July 25, and an alternate location needed to besecured. Baltimore Pride secured the parking lot at the corner of Cathedral andBrexton streets, traditionally dubbed “the lesbian lot” as well as an adjoiningparking lot on Charles Street, in front of Mt. Vernon Stable. Those lots areconnected by a path.

    Alcohol will be served in the space. Anyone who wishes to drink in the spacewill need to purchase a wristband. Bands will be available for sale on site, at theHippo, and through a pre-sale at the Gay, Lesbian, Bisexual and Transgender

    Community Center of Baltimore and Central Maryland (GLCCB) in the weekleading up to Pride. Vendors have been notified of the new footprint. A detailedmap will be released in advance of the block party.

    Baltimore Pride, a function of the GLCCB, is celebrating its 40th anniversarythis year. After receiving community feedback that criticized its move to a two-day event in the Mount Royal area in 2014, GLCCB offi cials decided to return tothe Mount Vernon area in 2015.

    “The discovery of a construction permit being issued after we submittedour own permit was upsetting, but I’m confident that the new space, which ismere feet away from our traditional footprint, will still deliver all the fun andexcitement that Baltimore Pride revelers have come to expect,” Liller, who is alsoGLCCB deputy director, told the Blade.

    The annual parade and block party will occur on July 25 with the Sundayfestival to return to Druid Hill Park on July 26. The parade, which traditionallytook place along Charles Street, will march along Cathedral Street instead —another change.

    FreeState Legal to update birth certificate gender markers

    FreeState Legal, a legal advocacy organization serving the low-income LGBTQcommunity in Maryland, launched an effort to provide free legal advice totransgender and intersex people who seek to update the gender marker ontheir birth certificates. This initiative arises out of a new law set to take effect onOct. 1 that makes it easier for transgender and intersex people to update thegender designations on their birth certificates.

    “FreeState Legal is excited to announce that we are offering free legal advice

    to transgender and intersex people who want to update the gender marker ontheir birth certificate,” said Patrick Paschall, FreeState Legal’s executive director,in a statement.

    STEVE CHARING

    The traditional Pride block party in fr ont of the Hippo will move to a parking lot behind thebuilding this year.

    WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY

    WASHINGTONBLADE.COM

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  • 8/20/2019 Washingtonblade.com, Volume 46, Issue 29, July 17, 2015

    15/40

    Senate Dems urge FDA to lift gay blood ban

    WASHINGTON — Senate Democrats are urging the Obama administration tocomplete the rollback on the lifetime ban on gay and bisexual men donatingblood, the Hill reports.

    In a letter Tuesday, Sens. Elizabeth Warren (D-Mass.) and Tammy Baldwin(D-Wisc.) and 81 of their congressional colleagues asked the Food and DrugAdministration (FDA) to lift the ban in the blood donation policy and replace it

    with a one-year deferral, the Hill article notes.The rules the FDA has proposed would allow men to donate blood if they’ve

    abstained from sexual activity with another man for the past 12 months. Thesame 12-month deferral would apply to women who have sex with men whohave sex with other men, the Hill reports.

    The ban was originally enacted during the national AIDS epidemic in 1983and last updated in 1992. Since then, scientific evidence has shown that blooddonations from gay men pose no greater risk of spreading AIDS than the generalpublic if properly screened.

    Lawmakers want the FDA’s proposed changes to be a first-step towardimplementing a risk-based blood donation policy for gay and bisexual men. Inthe letter they said they want a policy that secures the nation’s blood supply in anon-discriminatory, scientifically sound manner, the Hill reports.

    “Neither our current blood donation policy, nor the proposed one yeardeferral for MSM, allows the many healthy gay and bisexual men across Americato donate blood,” they wrote. “This serves to perpetuate the stereotype that allmen who have sex with men pose a risk to the health of others.”

    Provisions for LGBT foster youth considered in Fla.

    TAMPA, Fla. — As the state Department of Children and Families considersa new rule governing group homes for foster kids, advocates are pushing toinclude provisions requiring better treatment of LGBT youths who live in suchfacilities, Health News Florida reports.

    The agency is updating its rules for group homes for the first time in almost 30years to try to bring more uniformity to the facilities, which are supposed to beshort-term solutions for children in state care, the article said.

    Those homes can be 50-bed facilities staffed by three shifts of caregivers orarrangements where half a dozen kids live with a married couple acting house-parents. The department’s rule-making process will put new standards in placeat Florida’s 287 group homes, which care for about 11 percent of Florida’s fosteryouths.

    Advocates like the Florida Bar Foundation’s LGBTQ Child Welfare Workgroup— which monitors issues affecting LGBT and questioning youth — are using therule-making process to urge the state to ban discrimination and harassment bygroup-home staff and other residents, Health News Florida reports.

    “Our comments are motivated by our work with LGBTQ children who havetaught us that the current group care rules, originally adopted in 1987 andlittle changed since then, have resulted in extremely negative outcomes for

    LGBTQ youth in out-of-home care,” Robert Latham, supervising attorney at theUniversity of Miami’s Children & Youth Law Clinic, wrote the Department ofChildren and Families last month.

    WASHINGTONBLADE.COM

    HEALTH NEWS   JULY 17, 2015 • 15

    Sen. ELIZABETH WARREN (D-Mass.) is among lawmakers who asked the FDA to lift the gayban in the blood donation policy and replace it with a one-year deferral.

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  • 8/20/2019 Washingtonblade.com, Volume 46, Issue 29, July 17, 2015

    16/40

    UFCW union members arefighting for LGBT workers’ rights

    By MARC PERRONE

    The Supreme Court’s decision inObergefell v. Hodges to uphold theright of Americans to marry who theylove regardless of sex is a victory thatall Americans should celebrate. Ensur-

    ing all Americans have the fundamentalfreedom to form families and spend alifetime together is a proud moment forthis country and the fight for equality. Un-fortunately, we must continue to fight fortrue equality for LGBTQ Americans. Thenext battlefield is in our workplaces.

    While marriage equality may now belaw of the land, the issue of workplace dis-crimination endures. In comparison, whenbans against interracial marriage wereoverturned by the Supreme Court in Lov-ing v. Virginia, the federal government had

    already outlawed employment discrimina-tion on the basis of race. The 1964 CivilRights Act had been passed and signedinto law by President Lyndon Baines John-son just shy of three years earlier. Regret-tably, our political leaders haven’t dis-played the same kind of forward thinkingwhen comes to LGBTQ rights.

    Nationwide employment non-discrim-

    ination laws have been introduced, butnever passed, in Congress since 1974. Therepeat failure of Congress to protect work-ers regardless of sexual orientation is astain on our democracy. The state legisla-tive bodies that have failed to protect the

    rights every American have shamefully for-saken their responsibilities. They shouldbe ashamed of their inertia. According toa 2013 YouGov poll, many Americans be-lieve that such workplace discriminationlaws have already passed. The UFCW has

    supported both federal and state legis-lation that would outlaw discriminationagainst LGBTQ workers for years. Sinceour leaders won’t act, our union — andmany others — have been determined toprotect our LGBTQ coworkers at work.

    Right now in the 29 states where it’s le-gal to be fired for being gay or transgen-der, the only way workers who identify as

    LGBTQ can get real protection is througha union contract. By standing togetherand negotiating a legally binding unioncontract, we can make certain that no oneis fired because of some company’s ormanager’s antiquated and discriminatory

    notions. UFCW members, and millions ofunion members across the labor move-ment, are fighting for non-discriminationclauses that guarantee the most basicrights: the right to keep your job regardlessof your sexual orientation, gender identity,

    or expression. By bargaining strong unioncontracts, union members can ensure thatLGBTQ workers have the right to use fam-ily leave to care for a partner; the right tohave their health benefits apply to theirpartners and families; and the right to usethe bathroom of their choice.

    The truth is that our union has had totake on these civil rights battles in ourworkplaces, one-by-one, out of neces-sity because of the lack of federal pro-tections. A federal law barring such dis-crimination is needed now, more thanever. Much like many of the workplaceprotections we now take for granted, ourlegislators should follow the path thatunion workers have boldly laid and pro-tect every American worker from unfairdiscrimination. In the 21st century, in acountry where it is finally possible for ev-ery American to marry the person theylove, to allow someone to be fired forthat same love is shameful.

    While the fight for LGBTQ equality hastaken a major step forward, we must notforget the hard work that must be doneand the battles that must be won if we

    are to achieve true equality for all.

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    16 • JULY 17, 2015 VIEWPOINT

    WASHINGTONBLADE.COM

    V O L U M E 4 6 I S S U E 2 9

    MARC PERRONE is president of the 1.3 millionmember United Food and Commercial WorkersInternational Union.

     After marriage,

    a push for job protections

     We must not forget the hard work that must bedone and the battles that must be won if we are to

    achieve true equality for all.

    EDITORIAL CARTOON

  • 8/20/2019 Washingtonblade.com, Volume 46, Issue 29, July 17, 2015

    17/40

     America’s white-centeredhistorical narrative is on thin ice

    With people spray-painting rebukes onstatues of John C. Calhoun and Robert E.Lee across the South, who would havethought the first icon to be pulled off hispedestal would be Atticus Finch?

    Until a few days ago, Atticus was themoral pillar of fictional Maycomb, Ala.His children are endangered when hedefends a black man falsely accusedof rape. He tells his tomboy daughterScout, “You never really understand aperson ... until you climb into his skinand walk around in it.”

    That was in “To Kill a Mockingbird,”Harper Lee’s beloved 1960 novel of De-pression-era children encountering racialinjustice. Now comes “Go Set a Watch-man,” written in 1957 but only published

    this week, in which an older Atticus says,“Do you want Negroes by the carload inour schools and churches and theaters?Do you want them in our world?” Scouthas grown into 26-year-old Jean Louise,and returns home from New York to finddisillusionment.

    Real people are full of contradictions.Genteel racism is harder to confront thanthe crude variety. In Mockingbird, whenMayella Ewell broke a taboo by kissinga black man, it was taken out on him toprove that he was lower even than poorwhite trash. Modern racists seldom admitto being bothered by a mixed-race presi-dent, but they act to thwart him every day.

    The climax of Mockingbird is the attackon Scout and Jem, whereas Tom Robin-son dies offscreen. I was struck as a childby the beauty of actor Brock Peters. Onlylater did I realize the injustice of his char-acter’s requisite saintliness. In another1960s movie, “In the Heat of the Night,” itwas a breakthrough when Sidney Poitierslapped a white plantation owner back.

    While millions fretted over Jem andScout, real black children were being at-

    tacked, like the four little girls killed in aBirmingham church bombing in 1963.This un-romanticized reality is familiar toanyone not swathed in myths of white-ness cleansed of the supporting brutality.

    The whitewashing continues today: newsocial studies textbooks in Texas down-play the role of slavery in the Civil Warand are silent on the Ku Klux Klan and JimCrow laws. As Ta-Nehisi Coates writes inThe Atlantic, “The destroyers will rarely beheld accountable. Mostly they will receivepensions.”

    One of my mottos as an activist is “It’snot all about you.” For whites to insi