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Tongues wagging over gay Cabinet member

Will Obama name nation’s first gay commerce secretary?

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An upcoming vacancy in the White House cabinet has tongues wagging in the LGBT community over whether President Obama will make history by appointing an openly gay commerce secretary.

Last week, Obama announced his nomination of current Commerce Secretary Gary Locke to become U.S. ambassador to China. Provided he meets the 60-vote threshold to receive Senate confirmation, the vacancy created by Locke’s departure would create the opportunity for the appointment of an openly LGBT person to his former role.

The nomination of an openly LGBT person to the position of commerce secretary would be historic because no openly LGBT person has ever been nominated for a cabinet-level position.

Justin Nelson, president of the National Gay & Lesbian Chamber of Commerce, said the appointment of an openly LGBT commerce secretary would be fantastic and bolster the relationship that already exists between the Commerce Department and LGBT people.

“I think it would only seek to strengthen that relationship and mean a lot for not only LGBT-owned businesses, but businesses in general,” Nelson said.

Nelson noted that Locke signed a memorandum of understanding with NGLCC to collaborate on key department initiatives, which will remain in effect for five years. Among other things, the partnership helps promote contracting opportunities for LGBT-owned small businesses with the U.S. government.

Richard Socarides, president of Equality Matters (Blade photo by Michael Key)

Richard Socarides, president of Equality Matters, also said the nomination of an openly LGBT person to the role of commerce secretary would be significant for the Obama administration.

“I think it would be an important first for there to be an openly gay cabinet member, and I think President Obama, while he’s president, should definitely try to make that happen,” Socarides said.

But Socarides added the LGBT community is “a little bit beyond the politics of appointments” and said nominating an openly LGBT commerce secretary would be less significant than other actions Obama could take.

The LGBT community would be better served, Socarides said, by the appointment of an LGBT person within the president’s circle of close advisers, where he or she could have an important impact on LGBT issues.

“I would love to see a gay cabinet member, but I think it’s more important that President Obama put somebody at the White House with seniority in charge of LGBT policy issues,” Socarides said.

The Presidential Appointments Project, a Gay & Lesbian Victory Fund-led initiative, has been pushing for the appointment of openly LGBT officials within the Obama administration. The Victory Fund declined to comment for this article.

Fred Hochberg, who’s gay and director of the Export-Import Bank of the United States, has emerged at the top of the list of LGBT business experts who could fill the role of commerce secretary.

Hochberg, who has a background in business management and once served as deputy administrator of the Small Business Administration, was cited in 2009 as a contender for the position of commerce secretary when it was first open in the Obama administration.

Socarides said Hochberg is a solid contender for the position because he’s close to the president and “extremely well qualified.”

“Fred is perpetually on the list of people who would be a good commerce secretary because he’s part of the Democratic establishment, he’s served and been confirmed before and he has a stellar business background,” Socarides said. “He certainly, I’m sure, would be on anybody’s short list.”

Nelson also said Hochberg would be a fantastic choice for the position of commerce secretary because of his previous work in the administration.

“The work that he’s done at the Export-Import Bank and his commitment to helping build exports for the next five years has been a huge help to the president and the administration,” Nelson said. “Certainly, his understanding of business and commerce would serve the president well.”

Phil Cogan, an Export-Import Bank spokesperson, said Hochberg would be happy to engage in any position the president asks him to fill during the course of the Obama administration.

“He’s honored to have the job he has now, but he would serve the administration in any way that he’s asked to,” Cogan said.

Another openly gay contender for the position of commerce secretary could be Jim Kolbe, a former Republican congressman from Arizona. An expert on trade, Kolbe left Congress and now works as a fellow at the German-Marshall Fund, where he has specialized in trans-Atlantic trade issues.

Jim Kolbe (Blade photo by Michael Key)

Nelson counted Kolbe as among those who could fit the bill for commerce secretary.

“He has a firm understanding of policy,” Nelson said. “Certainly having served on the board of Export-Import Bank, having served in Congress and his work on behalf of the business and the LGBT community would make him another excellent choice.”

Kolbe endorsed Republican presidential nominee John McCain during the 2008 election, which could work against him in winning a position within the Obama administration.

Kolbe told the Blade it is highly unlikely he is under consideration for the post.

Potential openly gay nominees would have to compete with a handful of other high-profile contenders for the position. According to Bloomberg News, those who are under consideration are former Pfizer CEO Jeffrey Kindler, Google CEO Eric Schmidt and Ron Kirk, a U.S. trade representative who has undertaken a leading role in pressing the Obama administration’s trade agenda.

Shin Inouye, a White House spokesperson, wouldn’t rule out that the president would nominate an openly LGBT person as commerce secretary.

“The president will consider a range of qualified candidates, but we are at a very early stage in the process and no decisions have been made,” Inouye said.

Whatever the sexual orientation of the next commerce secretary, LGBT rights supporters maintain the new official could take action that would benefit LGBT Americans as a whole.

Socarides said an important role for the commerce secretary would be to bolster efforts for passage of the Employment Non-Discrimination Act to protect LGBT Americans in the workplace.

“The commerce secretary should be a strong advocate for ENDA,” Socarides said. “ENDA is about basic fairness in American business and the only way we’re going to get that bill through the Congress is if business advocates for it, especially this Congress, which seems very focused on doing what’s right by and for business.”

Socarides said the commerce secretary ought to point out that an increasing number of companies on the Fortune 500 list have non-discrimination policies based on sexual orientation because it makes them more competitive in the marketplace.

Similarly, Nelson said the next commerce secretary should promote legislation in Congress that would eliminate the federal tax paid on employer-provided health coverage extended to LGBT workers with same-sex partners. In the previous Congress, the bill was known as the Tax Equity for Health Plan Beneficiaries Act.

“That’s something that should be common sense whether you’re a Democrat or Republican, whether you’re gay or straight,” Nelson said. “The fact of the matter is, for small businesses in particular, it’s a real burden to have that additional tax to offer domestic health care benefits.”

But Nelson said the next commerce secretary should fit the mold of Locke and understand generally the importance of business to the economy.

For example, Nelson said the official should support tax credits to allow small businesses to invest in infrastructure and promote international trade opportunities.

“It doesn’t matter what your ethnic background is, what your sexual orientation or gender identity is, when it comes to business, it means we’re here to help the American economy and help folks like many LGBT businesses that are a part of this small-business engine that’s getting our economy back on track,” Nelson said.

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

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U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

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

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

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U.S. Supreme Court

LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP

Kennedy v. Braidwood oral arguments heard Monday

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HHS Secretary Robert F. Kennedy, Jr. (Washington Blade photo by Michael Key)

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.

Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.”

The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Law’s Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.

The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.

While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.

Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the “Ending the HIV Epidemic” begun under Trump’s first term will be continued.

“Today’s Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”

She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.”

Lambda Legal HIV Project Director Jose Abrigo said, “The Braidwood case is about whether science or politics will guide our nation’s public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”

“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”

He continued, “What’s at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one group’s rights is an attack on all.”

PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”

He continued, “Implementing cost-sharing  would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”

“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.”

“Today’s oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities — it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”

She continued, “Since the Affordable Care Act’s preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”

“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”

“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.”

“We are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”

“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffs’ arguments today were cloaked in esoteric legal language, at it’s heart, this case revolves around the Christian Right’s objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”

“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.

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