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Gay Fla. lawmaker seeks to advance LGBT issues

Joe Saunders represents portions of Orange County in Tallahassee

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Joe Saunders, Florida, Orlando, gay news, Washington Blade
Joe Saunders, Florida, Orlando, gay news, Washington Blade

Florida state Rep. Joe Saunders (D-Orlando). (Washington Blade photo by Michael K. Lavers)

ORLANDO, Fla.—Gay Florida state Rep. Joe Saunders (D-Orlando) was a sophomore at the University of Central Florida in 2003 when two friends with whom he attended an off-campus party were attacked because of their sexual orientation. The police arrested the assailants, but Saunders said the immediate response at UCF ā€œwasn’t as reactive as I felt like it needed to be.ā€

He wrote his first press release on the day after the attack, and later stood on a box outside the UCF student union with a sign in support of LGBT rights. The university eventually added LGBT-specific language to its non-discrimination policy. It also began offering domestic partner benefits to its employees.

ā€œIt was an outrageous moment,ā€ Saunders, who was Equality Florida’s state field director before his election, told the Washington Blade during an interview at his Orlando office. ā€œThe police came. The triage moment happened, but the educational moment, the advocacy moment wasn’t generated. I just felt like I wanted to do something and help the broader UCF community understand that this thing had even happened, that in 2003 people were still being attacked because they were gay. I just thought that was crazy and that kind of anchored me and kind of set me on a path of advocacy that eventually got me to work with Equality Florida and turned me into kind of a political creature.ā€

Saunders and state Rep. Dave Richardson (D-Miami Beach) made history last year as the first openly gay candidates elected to the state legislature.

His partner Donald Rupe, who teaches in nearby Kissimmee in Osceola County, joined him on the floor of the state House of Representatives in Tallahassee on Nov. 20 during his official swearing in.

ā€œBefore that moment, nobody like me had stood on the floor of the House with a partner like mine and taken that oath, and i think that was really powerful,ā€ Saunders, 29, said. ā€œCertainly folks within the LGBT community understood how important that was.ā€

Saunders represents a large swath of northeast Orange County that includes UCF, Valencia College and Naval Support Activity Orlando. More than 30 percent of House District 49’s population is Latino, with a large Puerto Rican community in the city’s Union Park neighborhood.

He told the Blade he plans to sponsor a bill — the Competitive Workforce Act — that would add sexual orientation and gender identity and expression to Florida’s non-discrimination and civil rights laws. Saunders also described a measure that would create a statewide domestic partnership registry as ā€œa big dealā€ during the 2013 legislative session that will begin next month.

ā€œWe will find support for both of those bills,ā€ he said. ā€œHow much support I think is certainly a question that kind of depends on how hard we all work, but there’s something different. It’s a different time to be doing work around LGBT equality.ā€

Saunders spoke with the Blade the day after Gov. Rick Scott unveiled his proposed $73.4 billion state budget that includes a projected surplus.

The governor hopes to earmark some of those additional funds to public education and health and human services projects, but his proposed 2013-2014 budget would cut funding to county health clinics. It would also not provide additional funding for mental health and substance abuse programs.

The Florida AIDS Drug Assistance Program in 2010 instituted a waiting list for those with HIV seeking access to anti-retrovirals because of statewide budget cuts during the recession.

The National Alliance of State and Territorial AIDS Directors noted nobody with the virus was on the waiting list as of Dec. 12, but Saunders stressed an online sales tax is one way to raise revenue to avoid future cuts.

ā€œThe HIV/AIDS community needs to be really vigilant about watching where those surplus funds go,ā€ he said. ā€œWe obviously need to be thoughtful about the impact that health and human services will have on the HIV/AIDS community.ā€

Saunders conceded that the GOP-controlled legislature in Tallahassee ā€œis a problemā€ when it comes to advancing LGBT-specific issues, but he said he remains optimistic.

ā€œThe Democrats really are a minority of voices and one of the things we have to break through is the stranglehold that the far right has on social policy anchored in the Republican Party, but there are a lot of young legislators this year,ā€ he said. ā€œI’ve already started talking with a bunch of them from the Republican Party who are just sort of — they don’t understand why we are even making a big deal about these issues anymore. To them, they’re almost there on marriage equality. When one-on-one with the door closed, there are some legislators who are ready to say privately I’d be with you on marriage. So when we start talking about a basic non-discrimination law or we talk about a domestic partnership policy, there’s work to do to even get those people into the process, but I don’t think it’s going to be as hard as some of us think it might be.ā€

He also spoke of the impact President Obama’s re-election – and his second inaugural address – would have on pro-LGBT efforts in Tallahassee. Saunders further recalled then-President George W. Bush’s support of a proposed federal constitutional amendment that would have defined marriage as between a man and a woman during his 2004 re-election campaign.

ā€œThe leader of the Republican Party of this country was going around, basically saying that there was something so wrong with LGBT relationships that we needed a federal constitutional amendment to protect ourselves from it,ā€ he said. ā€œA week ago the president of the country talked about Stonewall — and maybe more importantly he equated the movement to protect LGBT people and give our families every opportunity that everybody else does. He equated it to the same struggle that African Americans have gone through and women did when they were fighting for the right to vote at Seneca Falls, he talked about Selma, he talked about immigrant communities and the fight to make sure that those communities have access to opportunity. I think that the conversation is changing because people are understanding that while the struggle is different, the experience is different to be LGBT, at its core it’s a community that’s been denied opportunity and I think fundamentally Americans and Floridians sort of get that shouldn’t happen.ā€

Saunders further acknowledged there is ā€œa culture shiftā€ occurring ā€œeven within the Republican Partyā€ on LGBT-specific issues.

ā€œThere are some members in this legislature that are sort of done with the wedge issues that come from this,ā€ he said. ā€œThey’re losing votes every year because they won’t let go of this idea that gay people shouldn’t be recognized in non-discrimination policies. So hopefully that takes us somewhere.ā€

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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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