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NAACP approves resolution endorsing marriage equality

103-year old civil rights group joins President in supporting same-sex marriage

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NAACP

(image courtesy NAACP)

The NAACP announced on Saturday its board has voted in a favor of resolution endorsing same-sex marriage on the basis that marriage rights for gay couples is consistent with equal protection under the U.S. Constitution.

The National Association for the Advancement of Colored People, founded 103 years ago to advocate for the civil rights of black Americans, made the resolution public after the board voted in favor of the measure. The vote tally wasn’t immediately available.

The resolution affirms the NAACP’s commitment to equal protection under the Fourteenth Amendment while at the same time states a commitment to religious freedom under the First Amendment.

“The NAACP Constitution affirmatively states our objective to ensure the ‘political, education, social and economic equality’ of all people,” the resolution states. “Therefore, the NAACP has opposed and will continue to oppose any national, state, local policy or legislative initiative that seeks to codify discrimination or hatred into the law or to remove the Constitutional rights of LGBT citizens. We support marriage equality consistent with equal protection under the law provided under the Fourteenth Amendment of the United States Constitution. Further, we strongly affirm the religious freedoms of all people as protected by the First Amendment.”

The endorsement from the Baltimore-based organization comes on the heels of President’s Obama’s announcement in support of same-sex marriage. Within the span of a couple weeks, the nation’s first black president and the country’s premier organization for civil rights of black Americans have come out in favor of same-sex marriage. Other prominent black Americans — actor Will Smith, rapper Jay-Z and House Assistant Democratic Leader Jim Clyburn (D-S.C.) — have also followed Obama’s lead.

Leaders within the NAACP said support marriage equality is consistent with the organization’s advocacy for civil rights.

Roslyn Brock, board chair of the NAACP, said, ā€œThe mission of the NAACP has always been to ensure political, social and economic equality of all people.Ā We have and will oppose efforts to codify discrimination into law.ā€

NAACP’s Benjamin Jealous (Photo courtesy NAACP)

NAACP President Benjamin Todd Jealous called civil marriage “a civil right and a matter of civil law.”

“The NAACP’s support for marriage equality is deeply rooted in the Fourteenth Amendment of the United States Constitution and equal protection of all people,” Jealous said. ā€œThe well-funded right wing organizations who are attempting to split our communities are no friend to civil rights, and they will not succeed.ā€

Previously, the NAACP had no position on marriage equality. Julian Bond, chairman emeritus of the organization, has personally advocated for LGBT rights and same-sex marriage, saying the goals of the LGBT rights movement were consistent with the goals of the black civil rights movement.

Even though the NAACP had no official position in favor of marriage equality, the organization had advocated against legislative ban on same-sex marriage. Among these actions included stated opposition to the Defense of Marriage Act and constitutional bans on same-sex marriage in North Carolina and California.

LGBT rights groups hailed the NAACP’s announcement in support of marriage equality as a milestone in the pursuit of marriage rights for gay couples.

Evan Wolfson, president of Freedom to Marry, was among the LGBT advocates who had high praise for the organization.

“The NAACP has long been the nation’s conscience and champion for an America where all share equally in the promise of liberty and justice for all,” Wolfson said. “Today the NAACP resoundingly affirmed that the freedom to marry is a civil right and family value that belongs to all of us, and that discriminatory barriers to marriage must fall.”

Joe Solmonese, president of the Human Rights Campaign, said the vote is “another example of the traction marriage equality continues to gain in every community.”

ā€œIt’s time the shameful myth that the African-American community is somehow out of lockstep with the rest of the country on marriage equality is retired — once and for all,” Solmonese said. “The facts and clear momentum toward marriage speak for themselves.ā€

Black Americans have been seen as among the minorities within the country that are least supportive of marriage rights for gay couples. In November,Ā a Washington Post-Kaiser Family Foundation poll found 58 percent of black Americans believe same-sex marriage wasā€œunacceptable,ā€ while 35 percent deemed it ā€œacceptable.ā€

But views may be changing. Following the Obama’s endorsement of same-sex marriage, a Washington Post-ABC News poll published Tuesday found that 54 percent of black Americans had a favorable view of the president’s announcement, while 37 viewed it unfavorably.

Anti-gay groups have accused of trying to exploit racial tensions as part of efforts to oppose same-sex marriage. Internal documents from the National Organization for Marriage, obtained by the Human Rights Campaign and made public in March, reveal the organization tried toĀ ā€œdrive a wedge between gays and blacks” as part of its strategy.

ā€œThe strategic goal of this project is to drive a wedge between gays and blacks—two key Democratic constituencies,ā€ one documents reads. ā€œFind, equip, energize and connect African American spokespeople for marriage, develop a media campaign around their objections to gay marriage as a civil right; provoke the gay marriage base into responding by denouncing these spokesmen and women as bigots.ā€

Solmonese said the NAACP’s endorsement of same-sex marriage demonstrates that NOM’s strategy to exploit the black community has failed.

ā€œNOM has pursued ugly racial politics seeking to divide people, but what is becoming crystal clear is that its strategy is not working,ā€ Solmonese said. ā€œAmericans from all walks of life are uniting to support love, commitment, and stronger families.ā€

NOM didn’t immediately respond to a request to comment on the NAACP’s endorsement.

One state with a significant black population could soon be deciding the issue of same-sex marriage. In Maryland, where opponents of same-sex marriage are seeking to place a referendum of the law on the ballot, an estimated 29 percent of the population is black.

Josh Levin, campaign manager forĀ Marylanders for Marriage Equality, praised the NAACP for the endorsing marriage equality and said it demonstrates growing black support for same-sex marriage.

“We could not be more pleased with the NAACP board decision to support marriage equality,” Levin said. “It is yet again reflective of the growing momentum within the African-American community — likeĀ all communities — to support stronger families and protect children.”

Among the groups that have been working to preserve the Maryland same-sex marriage law, Levin said, is the Baltimore branch of the NAACP.

“The signs are clear: a majority of all Marylanders — people of all backgrounds — support making families stronger and protecting all children equally under the law,” Levin 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.

ā€œSuicide 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,ā€ they said in a statement. ā€œThese 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.ā€

“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.ā€

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.

ā€œI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā€ said Janson Wu, director of advocacy and government affairs at the Trevor Project. ā€œI 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.ā€

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.

ā€œLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. ā€œThey 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.ā€

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.

ā€œAll students benefit from a school climate that promotes acceptance and respect,ā€ said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  ā€œEnsuring 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.ā€

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.ā€

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 ā€œEnding the HIV Epidemicā€ begun under Trump’s first term will be continued.

ā€œToday’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.ā€

Lambda Legal HIV Project Director Jose Abrigo said, ā€œThe 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.ā€

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.ā€

ā€œToday’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.ā€

ā€œWe 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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