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Trump’s HHS appoints anti-trans activist to protect trans health

Severino a former staffer with the anti-LGBT Heritage Foundation

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Roger Severino, gay news, Washington Blade

Roger Severino, director of the DeVos Center for Religion and Civil Society, Institute for Family, Community, and Opportunity at the Heritage Foundation. (Image courtesy C-Span)

Much to the consternation of LGBT rights supporters, the Trump administration has appointed to head the civil rights division of the Department of Health & Human Services a former staffer with the anti-LGBT Heritage Foundation who wrote extensively against the civil rights of transgender people.

A series of statements from LGBT advocates came out Thursday over the appointment of Roger Severino, who until this week was director of the DeVos Center for Religion & Civil Society for the Heritage Foundation.

Winnie Stachelberg, executive vice president for external affairs at the Center for American Progress, gave no quarter in a statement over the Severino’s appointment and its implications for transgender health.

ā€œFrankly, it is sick that President Trump would appoint Roger Severino to lead OCR – putting a man who made his career opposing healthcare non-discrimination laws in charge of enforcing those very same protections,ā€ Stachelberg said. ā€œBefore the Affordable Care Act, insurance companies routinely denied equal treatment to same-sex couples and more than half of private insurance plans explicitly discriminated against transgender patients, with more than a quarter of transgender people reported being denied medical care by a provider. Severino’s writing makes it clear that he wants to take us back to the days when 1 in 4 transgender people was refused medical care outright.ā€

Among the posts Severino wrote for The Daily Signal, the blog for the Heritage Foundation, were in opposition to LGBT people, especially transgender rights. After the White House came out against a provision in a congressional defense spending package that would have allowed anti-LGBT discrimination among federal contractors, Severino wrote a post called “Obama Threatens to Veto Military Bill Because It Protects Religious Groups.” After the Pentagon lifted its ban on openly transgender service, Severino wrote a post called “Pentagon’s Transgender Policy Defies Common Sense.”

Severino also defended North Carolina’s anti-LGBT House Bill 2, which prohibits transgender people from using the restroom in schools and government buildings consistent with their gender identity. Decrying the “unrelenting and coordinated attacks” against the state for enacting the law, Severino criticized former U.S. Attorney General Loretta Lynch for filing a federal lawsuit against the measure, which he said amounted to progressives “using government power to coerce everyone, including children, into pledging allegiance to a radical new gender ideology.”

Marguerite Bowling, a spokesperson for the Heritage Foundation, defended Severino in response to concerns he’d seek to undermine transgender health in his role at HHS.

“Roger Severino has a distinguished record of fighting for the civil rights and freedoms of all Americans,” Severino said. “We have no doubt that Roger in his new role at HHS will protect the civil rights of all Americans.”

As head of the HHS civil rights division, Severino would be charged with enforcing Section 1557 of Obamacare, which prohibits discrimination on the basis of race, sex, disability and age in health programs. The Obama administration interpreted the prohibiting on sex discrimination to bar discrimination against transgender people in health care, including the refusal of gender reassignment surgery.

Wade Henderson, outgoing CEO of the Leadership Conference on Civil & Human Rights, said in a statement the office of civil rights at HHS requires “strong and experienced leadership” to enforce Section 1557, and Severino is “not that leader.”

“Since enactment of the ACA seven years ago today, members of The Leadership Conference have strongly advocated for the full and complete implementation of Section 1557,” Henderson said. “In his previous position at the Heritage Foundation, Mr. Severino repeatedly denounced and actively worked to oppose OCR’s implementation of Section 1557. These actions call into question his ability to fully enforce the ACA and protect communities of color and other underserved populations, who are most at risk for unequal access to health and health care.”

It should be noted U.S. District Judge Reed O’Connor has enjoined the enforcement of the Obamacare regulation interpreting Section 1557 to apply to transgender people. The Trump administration missed a deadline to appeal the decision to the U.S. Fifth Circuit Court of Appeals, but the American Civil Liberties Union is seeking to intervene to defend the regulation.

Harper Jean Tobin, policy director for the National Center for Transgender Equality, said Severino could still do “a number of things” to impact transgender protections under Section 1557 as litigation proceeds.

“The government will now have to make a decision, and OCR is ostensibly the client DOJ in this decision, as to whether to ensure, as the government normally would in a case like this, that federal law and the federal regulation interpreting it and applying the federal law is defended, that a rule overturning it is reviewed by a higher court,” Tobin said. “I think the fear is that OCR and DOJ could sort of work together to have this injunction made permanent without any review by a higher court, which would be highly unusual and really inappropriate.”

After a rule-making process consisting of many years and with two separate comment periods, Tobin said letting the injunction against the regulation stand would be “tantamount to repealing the regulation without going the required rule-making process and instead just acceding to a fringe legal position by one district court judge.”

Tobin added OCR has other responsibilities related to transgender health, such as the federal health care privacy law, or HIPAA, which assures privacy for transgender people in health care settings.

“Up until now, OCR has in cases involving transgender people, just as it does for everybody else, acted to enforce the laws to protect their privacy, but given Mr. Severino’s aggressively hostile work to dismantle any kind of legal protections for transgender people, we’re worried about what kind of direction the agencies would take on those bedrock protections,” Tobin said.

Caitlyn Oakley, an HHS spokesperson, had no comment in response to concerns from LGBT advocacy groups that Severino wouldn’t protect transgender health in his new role.

“We aren’t commenting on personnel at this time,” Oakley said.

Matt McTighe, executive director of Freedom for All Americans, said in a statement Severino appointment to HHS and his anti-trans history spells trouble for transgender health.

“Roger Severino has a proven track record of opposing fair and equal treatment for the transgender community,” McTighe said. “He is a dangerous pick for a position that is meant to enforce critical civil rights protections. This is yet another example of the Trump administration’s failure to live up to the president’s campaign promise of protecting LGBT people and it will have devastating consequences for transgender people across the country.”

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U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

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U.S. Supreme Court (Washington Blade photo by Michael Key)

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue ā€œthe storybooks were chosen to disrupt ā€˜cisnormativity’ and ā€˜either/or thinking’ among students.ā€ 

ā€œThe board’s own principals objected that the curriculum was ā€˜not appropriate for the intended age group,’ presented gender ideology as ā€˜fact,’ ā€˜sham[ed]’ students with contrary opinions, and was ā€˜dismissive of religious beliefs,ā€™ā€ according to the petition on the Supreme Court’s website. 

The petition goes further, saying the parents are ā€œnot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ā€˜to change their religious beliefs or conduct.ā€™ā€

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together ā€œadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā€ will participate in the ā€œRally for Inclusive Educationā€ rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

ā€œInclusive education isn’t just a value — it’s a necessity,ā€ said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. ā€œThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā€

The Coalition for Inclusive Schools and Communities says the rally is a ā€œnonpartisan community gathering rooted in education, advocacy, and solidarity.ā€ 

ā€œThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā€ it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

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National

EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality

A4TE formed last year when two transgender rights groups merged

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Rodrigo Heng-Lehtinen (Photo courtesy of Rodrigo Heng-Lehtinen)

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.

The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.

ā€œNow that we’ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, it’s time for me to take my next step,ā€ said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. ā€œWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. I’m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, I’m now ready to move on to my next chapter.ā€  

Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”

“With my background in persuasion and messaging, it’s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”

Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.

ā€œWe thank Rodrigo for his years of dedicated leadership and service,ā€ said Marra. ā€œA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.ā€Ā 

Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.

“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. I’ve always felt deeply supported and heard by him, which is something I value deeply.ā€

ā€œI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle. 

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

ā€œThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā€ said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

ā€œBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā€

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