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Schiff blasts LGBT data erasure from U.S. Census

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troubled teen industry, Adam Schiff, gay news, Washington Blade
Adam Schiff, gay news, Washington Blade

Rep. Adam Schiff represents California’s 28th Congressional District. (Photo courtesy Congressman Schiff)

If the fracas in Washington, D.C., wasn’t so existentially serious for American democracy, Trumpmania would look like a bunch of concerned citizens trying to break up an amateur drunken WrestleMania brawl.

Donald Trump continues to toss out Twitter zingers to rile up his staunchest supporters and deflect from the FBI and congressional investigations into Russian intervention in the U.S. electoral process with possible collusion from the Trump campaign. Leading the citizen brigade in finding the truth about Russiagate is Rep. Adam Schiff, the ranking Democrat on the House Intelligence Committee, who told the Los Angeles Blade last month that there is an “absolute sense of alarm at how this administration is conducting itself.”   

“Adam Schiff is the adult in the entire Congress right now on foreign policy and intelligence,” Rep. Jared Huffman (D-San Rafael) told the Los Angeles Times. He is also a legislator who keeps an eye on his California constituency, including the under-covered attempts by the Trump administration to erase the LGBT community.

Schiff’s skills as a former federal prosecutor resulted in FBI Director James Comey revealing March 20 that there is an ongoing FBI investigation into Russiagate and “whether there was any coordination between people associated with the Trump campaign and the Russians.” Comey added that if any Americans colluded with Russian officials, “then that is a very serious matter.”

Comey also said the “FBI and the Justice Department have no information to support’’ Trump’s tweeted claims that President Obama and his administration wiretapped Trump Tower before the 2016 election.

Nonetheless, Republican Intelligence Chair Devin Nunes, who served on the Trump transition team, plunged into a series of Three Stooges-worthy capers trying to help prove Trump’s discredited tweet and wound up the ridiculed fall guy.
On March 31, Schiff went to the White House to see classified documents that Nunes touted as pro-Trump but failed to provide other committee members, a violation of protocol. Schiff and Trump “had a brief and cordial meeting in the Oval Office for about 10 minutes,” according to a committee aide. The “major topic” of discussion was an “infrastructure package,” something very much on the mind of California Gov. Jerry Brown during his March 20 trip to D.C.

Strict adherence to core principles and keeping an eye on California constituents may be why other members of Congress are facing tough town hall meetings—while Schiff is being applauded. On Saturday, April 29, Stonewall Democratic Club is honoring Schiff at Traxx Restaurant at Union Station with its Elected Official of the Year Award.
Indeed, as an elected official, Schiff can be swamped with Russiagate and stand up for the LGBT community. Before he went to the White House, Schiff released a letter, coordinated with Arizona Rep Raúl M. Grijalva and out Wisconsin Sen. Tammy Baldwin, sent to U.S. Census Bureau Director John Thompson and Office of Management and Budget Director Mick Mulvaney “expressing strong disapproval of the Census Bureau’s decision to remove data collection on LGBT individuals for consideration for the 2020 Census and the American Community Survey (ACS).” The letter soon had 91 signatories from both the House and Senate.

The letter was in reaction to the discovery that a report submitted to Congress with a list of categories for data collection during the 2020 Census originally proposed including “sexual orientation” and “gender identity” but had been “corrected” by the Trump administration to omit those categories.
The LGBT Task Force found and highlighted the redactions. The Census Bureau explained that the categories had been “inadvertently listed.”

A week earlier, the Department of Health and Human Services removed a question about sexual orientation from the National Survey of Older Americans Act Participants. Additionally, the Department of Housing and Urban Development withdrew two notices impacting data collection and implementation guidelines for a homelessness prevention initiative targeting LGBTQ youth, according to the Human Rights Campaign.

Schiff, Grijalva and Baldwin are leaders in advocating for LGBT data collection. On April 5, 2016, Schiff and Florida Republican Ileana Ros-Lehtinen (who has a transgender son) sent a letter to House appropriators requesting funding for the U.S. Census Bureau to conduct LGBT data collection for FY 2017 and FY 2018. Grijalva and Baldwin also introduced the LGBT Data Inclusion Act last April that would require federal agencies to collect data on the LGBT population in federal population surveys so law and policymakers would have the necessary data to address the LGBT communities’ specific needs.

“[W]e are deeply troubled that in follow-up statements, Director Thompson claims that the rationale for excluding LGBT identities is that there is no federal need for such information,” the legislators said in their Census letter, noting that without such demographic data, “the number of people who identify as LGBT – is undeterminable.”

“LGBT Americans continue to face discrimination in facets of everyday life such as in employment, housing, and even in the justice system,” they said. “There is also compelling evidence that many, particularly transgender people, are at greater risk of being victimized by violence and experience significant health disparities and vulnerability to poverty. While the Census Bureau took an important step forward in 2013 by including the marital status of same-sex couples as part of ACS data on families, the fact remains that we know little else about the social and economic circumstances of the LGBT population at large.”

The lawmakers ask that the Census Bureau “acknowledge the concerns regarding the lack of reliable data on the LGBT population in the United States,” the lawmakers write, adding that they want “additional explanation” about why the categories were not included and “justification for stating there being no federal need for data on the LGBT population.”

LGBT Americans,” the legislators conclude,  “like every American – deserve to be counted and recognized in all federally-supported surveys. We appreciate your attention to this important matter and look forward to your response.”

Here’s the full letter with the 91 signatories as of Friday, March 31:

Dear Directors Thompson and Mulvaney:

We write to express our strong disapproval of the Census Bureau’s decision to not include consideration of data collection on lesbian, gay, bisexual, and transgender individuals in the 2020 Census and American Community Survey. While the Subjects Planned for the 2020 Census and American Community Survey (ACS) report released on Tuesday, March 28th appears to have initially considered including sexual orientation and gender identity as a proposed subject, we are concerned that the finalized report does not include any reference to proposed inclusion of LGBT identities in the Census or ACS. Additionally, we are deeply troubled that in follow-up statements, Director Thompson claims that the rationale for excluding LGBT identities is that there is no federal need for such information.

As you know, the Bureau routinely collects demographic information through the decennial census and the annual ACS. The federal government, states, and local communities rely on Census and ACS data to determine how resources should be allocated to meet the needs of certain populations. Despite this critical mission, neither of these assessments, nor any other major federal population survey, currently asks respondents to share their sexual orientation and gender identity. This means that even the most basic of statistics – the number of people who identify as LGBT – cannot be counted.

A number of pieces of federal legislation passed by Congress, implicitly or explicitly, include protections on the basis of sexual orientation and gender identity. Countless programs implemented under these, and other laws, serve LGBT people; some to a distinctly disproportionate extent. There is no doubt that there is both a statutory benefit and a programmatic need to collect sexual orientation and gender identity data if we want federal agencies to undertake their work in the most efficient and effective manner possible.

Despite tremendous progress in the fight to secure equal recognition under the law, LGBT Americans continue to face discrimination in facets of everyday life such as in employment, housing, and even in the justice system. There is also compelling evidence that many, particularly transgender people, are at greater risk of being victimized by violence and experience significant health disparities and vulnerability to poverty. While the Census Bureau took an important step forward in 2013 by including the marital status of same-sex couples as part of ACS data on families, the fact remains that we know little else about the social and economic circumstances of the LGBT population at large.

Expanded data collection on LGBT people is needed to help policymakers and community stakeholders understand the full extent of these disparities, as well as identifying the needs of these communities so they can be better served. It is also crucial to our ability to respond with effective and sensible policy solutions that address the unique needs of this vulnerable population. For these reasons, we believe that the Census Bureau should advance plans to expand LGBT data collection in future national surveys and urge you to assist us in reaching this goal.

In your recent statement, you said that the Census Bureau’s goal is to conduct a “complete and accurate census.” If this is indeed the goal, then the availability of data on the size, location, and circumstances of the LGBT population should be taken into account. Therefore, the Bureau must acknowledge the concerns regarding the lack of reliable data on the LGBT population in the United States. We ask that you provide additional explanation as to why sexual orientation and gender identity were not included in the Subjects Planned for the 2020 Census and American Community Survey (ACS) report, including justification for stating there being no federal need for data on the LGBT population.

The Census Bureau’s data collection efforts have always played a significant role in our ability to understand the communities that we represent and how best to serve them. LGBT Americans – like every American – deserve to be counted and recognized in all federally-supported surveys. We appreciate your attention to this important matter and look forward to your response.
Sincerely,

Rep. Adam Schiff (D-CA)
Rep. Raúl M. Grijalva (D-AZ)
Senator Tammy Baldwin (D-WI)

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Scott Peters

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Bill Foster

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California Politics

Governor Newsom & Legislative Leaders to expedite gun reform legislation

“California will not stand by as kids across the country are gunned down- Guns are now the leading cause of death for kids in America”

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Governor Newsom and legislative leaders discuss actions to curb gun violence (Office of the Governor)

SACRAMENTO – Following a mass shooting at an elementary school in Texas that left at least 19 children and two adults dead Tuesday, Governor Gavin Newsom, Senate President pro Tempore Toni G. Atkins (D-San Diego) and Assembly Speaker Anthony Rendon (D-Lakewood) announced California will expedite commonsense gun safety laws that will protect people from gun violence. 

“California will not stand by as kids across the country are gunned down,” Governor Newsom said. “Guns are now the leading cause of death for kids in America. While the U.S. Senate stands idly by and activist federal judges strike down commonsense gun laws across our nation, California will act with the urgency this crisis demands. The Second Amendment is not a suicide pact. We will not let one more day go by without taking action to save lives.”

“We have gotten to a point where we can’t live our lives without the very real fear that every time we say goodbye to our children, spouses, and friends, it could be the last,” said Senate President pro Tempore Toni G. Atkins (D-San Diego).

“These dreadful, devastating tragedies have to stop. Every politician, judge, or Supreme Court Justice who has opted to put more guns on our streets needs to resign today and hang their heads in deep shame. We have to do everything in our power to get guns out of our classrooms and grocery stores and away from people who should never have them. That includes our work this week to move expeditiously on more than a dozen bills that make our communities safer, and I’ll be continuing to work alongside Speaker Rendon and Governor Newsom to ensure that these bills move swiftly through the legislative process so that they can start to make positive change in our communities.”

“In the face of repeated tragedies in our state and elsewhere, California remains committed to doing everything we can to stem the violence,” said Assembly Speaker Anthony Rendon. “As a society, we must do better.”

“There have been more mass shootings in the U.S. in 2022 than days in the year,” said California Attorney General Rob Bonta.

“In California, we refuse to accept the current norm. We will continue to call on our federal leaders and neighboring states to do more, because our nation’s current standard for preventing gun violence is unacceptable. Our children should not suffer this burden. Active shooter drills, metal detectors, and schools that look like prisons are not the answer — we need commonsense gun safety laws. We are sick and tired of seeing young and promising lives cut short due to gun violence. We at the California Department of Justice and leaders throughout California know that addressing gun violence is critical to public safety. As your Attorney General, I vow to do much more than send thoughts and prayers — I will use the full force of the law and my office to end gun violence.”

An initial package of bills the Governor has committed to signing include: 

  • AB 2571 (Bauer-Kahan) – Restricts advertising of firearms to minors
  • AB 1621 (Gipson) – Restricts ghost guns and the parts and kits used to build them 
  • SB 1327 (Hertzberg) – Creates private right of action to limit spread of illegal assault weapons and ghost guns
  • AB 1594 (Ting) – Allows governments and victims of gun violence to sue manufacturers and sellers of firearms

Governor Newsom and legislative leaders said they will continue working together to expedite additional bills pending before the legislature aimed at curbing gun violence and increasing safety in California communities.

“I heard the news about Uvalde, just as I was getting ready to pick up my kids from school. I can see how this can happen at any school, anywhere in the country,” said Assembly Member Miguel Santiago who represents a portion of downtown Los Angeles.

“This comes on top of shootings in Buffalo, Laguna Hills, and at Grand Central Market one block from my District Office. We need stricter gun laws and we need them right now! That’s why I’m proud to join Governor Newsom and legislative leaders in the call for gun safety laws. I am also co-authoring AB 1594 (Asm. Ting) which helps gun violence survivors pursue legal action against gun manufacturers and AB 1621 (Asm. Gipson) which will help us get ghost guns off our streets for good,” Santiago added.

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California Politics

Trans Inclusive Health Care Act passes California State Senate

This first-in-the-nation legislation will help create a more inclusive and culturally competent healthcare system for TGI people

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Sen. Scott Wiener (Far right) & members of the California Legislative LGBTQ+ Caucus (Photo credit/Wiener)

SACRAMENTO – Senator Scott Wiener’s (D-San Francisco) Senate Bill 923, the TGI Inclusive Care Act passed the Senate by a vote of 28-6. It now heads to the Assembly for policy committee hearings.

This first-in-the-nation legislation will help create a more inclusive and culturally competent healthcare system for TGI (transgender, gender non-conforming, and intersex) people in California by requiring:

●     That physician Continuing Medical Education (CME) include evidence-based cultural competent studies to help physicians provide inclusive care for TGI people

●     That the Health and Human Services Agency issue enforceable quality standards for treating TGI patients

●     That health insurance companies provide TGI cultural competency training for their employees

●      That health insurance companies, in their network directories, include a list of providers who offer gender-affirming services, so that TGI people know where to go for specialized care

●     That the relevant oversight agencies track and monitor complaints relating to TGI-inclusive care and publicly post findings in their annual reports or website

SB 923 comes at a time when LGBTQ people — and particularly transgender children — are under attack across the country by right-wing state leaders. Many of those attacks seek to criminalize gender-affirming care.

In February, Texas Governor Greg Abbott issued an executive order making it illegal for parents to allow their trans kids to receive gender-affirming care. These parents could have their children taken away and be sent to prison simply for allowing their children to be who they are and receive this necessary care.

Abbott called gender-affirming care “child abuse.”

Alabama just enacted a law imposing ten-year state prison sentences on parents and physicians who allow or provide gender-affirming care to their children.

In Florida, Governor Ron DeSantis signed the “Don’t Say Gay” law, banning discussions about gender identity and sexual orientation from public school classrooms.

“As more and more red states ban gender-affirming care and try to erase LGBTQ people, California must step up to ensure strong access to health care,” said Wiener. “That includes ensuring that trans people are treated with respect and dignity by health care providers. While many health care professionals provide excellent care to trans people, more work remains. Improved training, clear standards, and improved network directories will result in better care for TGI people.”

While LGBTQ kids are under attack in Texas, Alabama, Florida, and other states, SB 923 shows a different path forward — one in which quality gender-affirming care is provided for anyone who needs it, with providers going above and beyond to treat TGI patients with the respect and care they deserve.

Healthcare discrimination and a lack of access to culturally competent care is a major problem that many TGI people regularly face. The National Center for Transgender Equality reports that one-third of all transgender individuals who saw a healthcare professional in 2014 had at least one negative experience related to being transgender, with even higher rates for people of color and people with disabilities. These negative experiences include being refused treatment, verbally harassed, physically or sexually assaulted, or having to teach the provider about transgender people in order to receive appropriate care.[1]

This is especially problematic given that TGI people, compared with the general population, suffer from more chronic health conditions. TGI people experience higher rates of health problems related to HIV/AIDS, substance use, mental illness, and sexual and physical violence, as well as a higher prevalence and earlier onset of disabilities that can also lead to longterm health issues. Sadly, 23% of transgender individuals reported that fear of discrimination caused them to postpone or not receive necessary medical care.[2]

Moreover, while all health plans are required to cover gender-affirming care, it can be difficult for TGI patients to actually find providers who routinely offer this care. This is a major impediment to TGI people accessing the care they need.

Every person deserves to receive quality, compassionate health care from understanding, informed, and respectful providers – providers who don’t make assumptions about their gender or sexuality, and who honor their bodily autonomy. TGI people already face so many obstacles outside of the healthcare system, including higher rates of violence, workplace discrimination, ostracization from families and religious communities, and housing discrimination. Going to the doctor should not mean facing additional discrimination or unecessary hardship.

TGI people should have access to positive healthcare experiences. This includes seeing providers who are able to give them the care they need in a non-judgmental and supportive environment, and being able to search for providers who provide gender-affirming services (gender-affirming services include but are not limited to: chest reconstruction, mastectomy, facial feminization surgery, hysterectomy, voice masculinization or feminization, hormone therapy related to gender dysphoria or intersex conditions, gender-affirming gynecological care, or voice therapy related to gender dysphoria or intersex conditions). Gender-affirming care is critically important health care, and anyone who needs it should be able to find and access it.

The TGI-Inclusive Care Act will help create a healthcare system that meets the needs of TGI people, and provide a more positive patient experience.

SB 923 is sponsored by the California LGBTQ Health and Human Services Network,  Equality California, National Health Law Program Trans Community Project, TransFamily Support Services, and Western Center on Law & Poverty. It is co-authored by Assemblymembers Sabrina Cervantes (D-Corona), Evan Low (D-San Jose), Alex Lee (D-Fremont), and Cristina Garcia (D-Bell Gardens).

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California Politics

Senator Wiener’s No Tax Exemption for Insurrection Act, passes Senate

Senate Bill SB 834 strips state tax-exempt status from organizations that engage in or incite insurrection

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Screenshot/California Legislative TV

SACRAMENTO – Senator Scott Wiener (D-San Francisco)’s Senate Bill 834, the No Tax Exemption for Insurrection Act, passed the Senate by a vote of 28-0 Monday. It will now head to the Assembly for policy committee hearings. 

SB 834 is a first-in-the-nation bill that will revoke the California tax-exempt status of nonprofit organizations that participate in or incite efforts to overthrow the United States government or any state government. Nonprofit organizations have used the “Big Lie” – the fraudulent notion that the 2020 election was stolen – to fundraise for and funnel money to extremist and anti-democratic initiatives like the January 6 insurrection.

Tax-exempt status is a privilege, not a right, and organizations that engage in or incite insurrection or conspiracy to commit insurrection – both of which are illegal – should not be given this special status to help them fundraise. Moreover, non-California nonprofits should not be able to register to raise money in California if they are engaging in or inciting insurrection. 

“On January 6, 2021, the peaceful transfer of power in our democracy was threatened,” said Wiener. “And for the first time since the Civil War, people died as a result. We cannot and will not let organizations that aid and abet insurrection – that break the law by trying to overthrow the U.S. government – operate with tax-exempt status. The people of California should not be subsidizing insurrection.” 

The January 6, 2021 insurrection took place, when pro-Trump extremists – in response to the false narrative that the Democrats “stole” the 2020 election and incited by then-President Donald Trump – breached the United States Capitol. Five people were killed as a result of this insurrection, and hundreds were injured.

Vice President Pence and Speaker Pelosi were specific targets of this violent attack on the nation’s democracy. Many nonprofits that supported the insurrection and continue to perpetuate lies about the 2020 election in hopes of overturning the results still operate with tax-exempt status, both at the federal and state level. 

SB 834 clarifies the Franchise Tax Board’s authority to revoke the California tax-exempt status of a nonprofit organization if the California Attorney General determines that the nonprofit has actively engaged in, or incited: treason, misprision of treason, insurrection, seditious conspiracy, advocating overthrow of the government or the government of any State, or advocating mutiny by members of the military or naval forces of the United States (1.)

Under SB 834, if the Attorney General finds that a nonprofit organization has incited, or actively engaged in actions that are directed to or likely to imminently violate one or more of these crimes, they will notify the FTB, which then will have the ability to revoke the nonprofit’s tax-exempt status. 

For out-of-state nonprofits that engage in or incite insurrection, they will be prohibited from registering to raise money in California. 

The United States Supreme Court has ruled that the purpose of charitable organizations claiming tax-exempt status “may not be illegal or contrary to public policy.” Trying to overturn elections and violently attacking our legislators fits the bill. SB 834 will ensure that these organizations no longer claim this financial advantage. 

Tax-exempt nonprofits are not required to pay corporate income taxes and may be exempt from other taxes as well. Additionally, donations to many nonprofits are deductible from income taxes, and private foundations and donor-advised funds can only donate to tax-exempt nonprofits. Private foundations and donor-advised funds represent a major funding source for many nonprofits. 

Authoritarian and anti-democratic organizations have increasingly used the “Big Lie” to fundraise, and this narrative has driven millions of dollars in tax-exempt donations. And many new organizations have cropped up in the past year, hoping to ride the coattails of the insurrection and cash in.

These include California nonprofits and nonprofits registered in other states that fundraise in California. These organizations, which are fundamentally undermining our democracy and cheering for the destruction of free and fair elections in America, should not be allowed to operate with advantages like tax-exempt status. 

For example, the leader of the “Oath Keepers,” a national militia movement, was charged with seditious conspiracy. While the Oath Keepers does not have California tax-exempt status, it has an “educational foundation” with federal exempt status and tax-exempt branches in several states. In the words of one expert, “It can only be presumed that [funds contributed to the Oath Keepers], which [donors were] able to deduct from their federal taxes, went to transporting and lodging members of the group slated to participate in the ensuing riots.” (2.) These organizations should not be allowed, under any circumstances, to use tax write-offs to help fund illegal activities. 

There is precedent for making this distinction in California’s tax code. Under federal and California law, for instance, if a nonprofit organization supports terrorism, its tax-exempt status is suspended. The nonprofit organizations that support insurrection should receive the same treatment. 

Citations:

1. USC §§ 2381-2385, 2387

2. “Dollars against Democracy: Domestic Terrorist Financing in the Aftermath of Insurrection,” Virtual Hearing before the Subcommittee on National Security, International Development and Monetary Policy of the Committee on Financial Services, U.S. House of Representatives, Feb 25, 2021. 

Senators Josh Becker (D-Peninsula), Dave Min (D-Irvine), Josh Newman (D-Fullerton), Anthony Portantino (D-La Cañada Flintridge), Tom Umberg (D-Orange County), and Bob Hertzberg (D-Van Nuys) are co-authors of this bill. Assemblymembers Buffy Wicks (D-Oakland), Phil Ting (D-San Francisco), Cristina Garcia (D-Bell Gardens) and Marc Berman (D-Menlo Park) are also co-authors of SB 836. Assemblymember Kevin Mullin (D-San Mateo) is principal co-author.

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