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Sebelius violated federal law speaking at HRC event: report

White House maintains any infraction was minor and corrected

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Secretary of Health & Human Services Kathleen Sebelius speaks before the AIDS 2012 International Conference

Secretary of Health & Human Services Kathleen Sebelius (Blade file photo by Michael Key)

Secretary of Health & Human Services Kathleen Sebelius violated federal law when she spoke before an LGBT audience about the need to elect Democratic officials at a Human Rights Campaign event, according to a report made public Thursday by the U.S. Office of Special Counsel.

The independent agency concluded Sebelius violated the Hatch Act, which prohibits civil servants from engaging in political activity, on Feb. 25Ā while speaking extemporaneously before an HRC campaign gala in Charlotte, N.C., although the Obama administration maintains any violation was corrected and the infraction was minor.

Sebelius used taxpayer funds to travel to an event in her official capacity, but reportedly veered from her prepared remarks and took a partisan tone, which was found to be inĀ violation the Hatch Act. The report, datedĀ Aug. 23, was delivered to President Obama.

According to the report, Sebelius’ calendar identified the event as official in nature. Online invitations referred to her in her official capacity as ā€œSecretary Kathleen Sebeliusā€ and ā€œSecretary of DHHS Kathleen Sebelius.ā€ A memo given to her suggested if she was asked about her personal views, she reply, ā€œIā€™m here to represent the President and the Obama Administration, not in my personal capacity.ā€

During her speech, Sebelius talked as part of her prepared remarks about the Obama administration’s commitment to LGBT people ā€” hitting on “Don’t Ask, Don’t Tell” repeal, dropping defense of the Defense of Marriage Act in court and what the Affordable Care Act means for LGBT Americans. All of these remarks were consistent with the Hatch Act.

But Sebelius deviated from her prepared remarks, making news in the LGBT press when she called for the defeat of Amendment One in North Carolina ā€” a constitutional ban on same-sex marriage that ultimately passed ā€” about a month before the Obama campaign explicitly came out against the measure.

It’s these unscripted remarks that got Sebelius in trouble. She also advocated for the re-election of President Obama, saying “one of the imperatives is to make sure that we not only come together here in Charlotte to present the nomination to the president, but we make sure that in November he continues to be president for another four years.” She also called for the re-election of a Democratic governor in the state, saying, “itā€™s hugely important to make sure that we re-elect the president and elect a Democratic governor here in North Carolina.”

Following media inquiries about Sebelius’ speech, HHS issued a statement two days after the eventĀ saying the federal government wouldn’t pay for her trip and the department retroactively classified the event as political. HHS sought reimbursementĀ from the Obama campaign and the Democratic National Committee for the costs of her travel. In testimony before OSC, Sebelius reportedly admitted her political remarks were a “mistake” and sheĀ ā€œgot a little caught up in the notion that the gains which had been made would clearly not continue without the presidentā€™s reelection.”

Still, OSC concluded Sebelius violated the law, stating, “These statements were made in Secretary Sebeliusā€™ official capacity and therefore violated the Hatch Actā€™s prohibition against using official authority or influence to affect the results of an election.”

Responding to the report in a letter dated Sept. 7, Sebelius said OSC correctly notes that she acknowledged her political comments were a mistake, but said the agency should have concluded any violation of the Hatch Act was corrected. She also said she’s met with ethics attorneys for a greater understanding of what remarks are permissible in her official capacity.

“If there was a violation of the Hatch Act based on the use of my title, I believe the violation was technical and minor,” Sebelius said. “These are not the type of violations that the Hatch Act was intended to address.”

Darrell Issa, Republican, California, RNC, gay news

Rep. Darrell Issa (R-Calif.) (Washington Blade photo by Michael Key)

The investigation was initiated in March after a request by Rep. Darrell Issa (R-Calif.), chair of the House Government & Oversight Reform Committee.

In a statement, Issa said he appreciated OSC’s “timely and thorough” investigation and is awaiting further action from Obama.

ā€œOSCā€™s report and findings underscore the importance of laws prohibiting mixing official government business with partisan political activity,” Issa said. “OSC has sent its findings to President Obama, who must now decide on appropriate action. The Committee awaits President Obamaā€™s decision. As he decides the appropriate consequences for Secretary Sebelius, the president should consider the important leadership role of Cabinet Secretaries and the example they mustĀ set for the entire Executive Branch.ā€

Eric Schultz, a White House spokesperson, said the issue was corrected even before the OSC report came out and maintained the Obama administration holds officials to the highest level of integrity.

“This error was immediately acknowledged by the Secretary, promptly corrected, and no taxpayer dollars were misused,” Schultz said. “This administration holds itself to the highest ethical standards, which is why President Obama has installed the toughest ethics rules of any Administration in history ā€” beginning on his first day in office when he signed an Executive Order instituting unprecedented reforms.ā€

Sebelius is no stranger to speaking to LGBT crowds to advocate for President Obama. In addition to speaking at the HRC event in Charlotte, Sebelius was at aĀ D.C. fundraiser for LGBT people that both she and Obama attended. Sebelius also addressed members of the LGBT caucus last week at the Democratic National Convention.

The Human Rights Campaign didn’t immediately respond to a request for comment on Sebelius’ apparent violation of federal campaign law at one of its events.

But Republican groups ā€” including a gay conservative organization ā€” took the report as an opportunity to criticize the Obama administration.

Jimmy LaSalvia, executive director of GOProud, took aim at the Obama administration over the revelations in the report. His organization has endorsed Republican presidential nominee Mitt Romney.

“It shouldn’t take congressional action to know that a speech given to a partisan political organization, like HRC, is a political speech,” LaSalvia said. “AllĀ of us taxpayers owe Chairman Issa a debt of gratitude for his vigilance in exposing Hatch Act violations by this administration.”

The Republican National Committee accused the Obama administration more broadly of drawing on federal funds to pay for campaign expenses. Republicans have previously criticized President Obama for traveling on government funds to events that are ostensibly for official business, but are located in swing states in the presidential election.

“The Obama administration promised to change Washington but time and again we have seen questionable activity from the administration using taxpayer dollars,” RNC spokesperson Kirsten Kukowski said. “In fact, the questions about Secretary Sebelius pale in comparison to the White Houseā€™s blatant use of taxpayer dollars for campaign purposes.”

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ā€˜Ending HIV Epidemicā€™ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommitteeā€™s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Preventionā€™s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretaryā€™s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal governmentā€™s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 ā€œInstead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,ā€ said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

ā€œWhile we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,ā€ Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as ā€œpolicy ridersā€ that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would ā€œblock the Biden administrationā€™s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.ā€™  The statement says another policy rider would ā€œprevent policies or programs intended to promote diversity, equality, or inclusion.ā€

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommitteeā€™s bill and its proposed spending cuts. ā€œThe bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,ā€ he said.

ā€œImportantly, the bill pushes back on the Biden administrationā€™s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,ā€ Cole said in his statement. ā€œIt also preserves long standing bipartisan policy provisions protecting the right to life.ā€

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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