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Trump admin makes final rule allowing anti-trans discrimination in health care

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[email protected] Coalition President Bamby Salcedo. (Photo by Paolo Riveros)

Disregarding pleas from transgender advocates, the Trump administration made final on Friday a rule enabling health care providers to refuse care to transgender people, including gender reassignment surgery.

The rule change at the Department of Health & Human Services reverses an Obama-era regulation interpreting the ban on sex discrimination under Section 1557 of the Affordable Care Act to apply to cases of transgender discrimination.

The change had been in the works for some time, but HHS announced it was final at 4 pm on a Friday just before the weekend in the middle of Pride Month.

In addition to undoing protections for transgender people, the rule change also rolls back protections based on sex stereotyping, women who have had abortions and those who speak English as a second language.

Sung Yeon Choimorrow, executive director of the National Asian Pacific American Women’s Forum, blasted the Trump administration in a statement for moving forward with the rule change.

“Over the past week, the president has decried the nationwide protests against police brutality as ‘violent,’” Choimorrow said. “What is violent is his administration dismantling critical protections for people seeking health care at a time like this, when we are battling a pandemic. Robbing communities of vital medical care on the basis of our very existence during a public health emergency is violence against communities who have a shared history of discrimination.”

In joint statement, leaders of the Congressional LGBTQ+ Equality Caucus, Congressional Asian Pacific American Caucus, Congressional Hispanic Caucus, Congressional Black Caucus and Congressional Pro-Choice Caucus condemned the Trump administration.

“Section 1557 provides critical protection precisely because it recognizes that discrimination can be intersectional – meaning that someone is discriminated against because of multiple identities; for example, because they are Black and a woman, or because they are an immigrant and LGBTQ, or because they are elderly and disabled,” the statement says. “The administration’s efforts to unlawfully roll back Section 1557’s protections is shameful. It not only denies people their lived experiences but undermines their ability to seek health care with dignity.”

Transgender advocates had warned the policy change was coming even almost before the proposed rule was announced. The expectation was based largely on the stewardship of the HHS Office of Civil Rights under Roger Severino, an anti-LGBTQ activist who came to the Trump administration after working at the Heritage Foundation.

Severino defended the rule change in a statement, saying it makes enforcement of Section 1557 consistent with the actual text of the law.

“HHS respects the dignity of every human being, and as we have shown in our response to the pandemic, we vigorously protect and enforce the civil rights of all to the fullest extent permitted by our laws as passed by Congress,” Severino said. “We are unwavering in our commitment to enforcing civil rights in healthcare.”

According to HHS, the rule change will “relieve the American people of approximately $2.9 billion in undue and ineffective regulatory burdens over five years.”

HHS makes the rule final just before the U.S. Supreme Court is expected to deliver a decision on whether anti-LGBTQ discrimination amounts to sex discrimination, thus illegal in employment under Title VII of the Civil Rights Act of 1964.

The ruling from the Supreme Court would likely have impact on other laws relating to sex discrimination, such as Section 1557 of the Affordable Care Act. Therefore, HHS makes the decision to implement its rule change just before Supreme Court may issue a ruling in favor of LGBTQ rights, requiring the Trump administration to go back to enforcing the law consistent with the Obama-era regulations.

Anti-LGBTQ groups had been pushing for reversal of the Obama-era rule, which had made religious hospitals subject to penalty if they refused to provide transition-related care or gender reassignment surgery based on religious objections.

Praising HHS for making the rule change final was Mary Beth Waddell, senior legislative assistant for Family Research Council.

“Under the old Obama rule, medical professionals could have been forced to facilitate gender reassignment surgeries and abortions — even if they believed this was a violation of their conscience or believed it harmful to the patient,” Waddell said.

It should be noted in 2016, a federal judge issued an order blocking the U.S. government from enforcing the Obama-era rule and the Trump administration declined to appeal that decision, so altering the regulations in the back end won’t change anything in terms of function.

The underlying law, Section 1557 of the Affordable Care Act, is still also in place, so LGBTQ people who feel they’ve experienced discrimination in health care can still sue in court, but they can’t take it up with the Office of Civil Rights at HHS.

Anticipating the move from HHS, LGBTQ groups announced on Friday they’d file lawsuits against the Trump administration for the rollback in transgender rights.

Alphonso David, president of the Human Rights Campaign, said in a statement LGBTQ people “should not live in fear that they cannot get the care they need simply because of who they are.”

“It is clear that this administration does not believe that LGBTQ people, or other marginalized communities, deserve equality under the law,” David said. “But we have a reality check for them: We will not let this attack on our basic right to be free from discrimination in health care go unchallenged. We will see them in court, and continue to challenge all of our elected officials to rise up against this blatant attempt to erode critical protections people need and sanction discrimination.”

Omar Gonzalez-Pagan, senior attorney and health care strategist for the LGBTQ group Lambda Legal, also said his organization would file a lawsuit against the Trump administration.

“We will be challenging the rule because at a time when the entire world is battling a dangerous pandemic, which in the United States has infected more than 2,000,000 people and killed more than 116,000, it is critical for everyone to have ready access to the potentially life-saving health care they need,” Gonzalez-Pagan said.

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Tennessee

Tennessee 7th grader kills himself after anti-LGBTQ+ bullying

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Eli Fritchley via 'Justice for Eli We Must Stop the Bullying' GoFundme page

SHELBYVILLE, Tn. –  A 12-year-old boy took his own life after enduring apparent months of what his family and others labeled ugly vitriolic anti-LGBTQ bullying and abuse.

Eli Fritchley, a seventh-grader at Cascades Middle school located in Wartrace in Bedford County, was found on Sunday night, November 28th, 2021, by his mother who walked into her son’s bedroom and discovered his lifeless body.

In an emotional interview with Nashville ABC news affiliate WKRN 2‘s reporter Stephanie Langston, Fritchley’s parents described him “as a peaceful soul who wasn’t afraid to be himself.”

“He didn’t care, or at least we thought he didn’t care, and that’s what’s really difficult for us because we thought he didn’t care,” his parents said as they teared up.

Eli painted his nails, loved the color pink and wore the same SpongeBob sweatshirt nearly every day.

“I think probably because he was in the same clothes every single day that they used that as a weapon,” his mom Debbey explained, saying he loved doing the laundry and cleaning his clothes every day.

His parents told Langston that their son was not accepted by his peer group at the school.

“He was told because he didn’t necessarily have a religion and that he said he was gay that he was going to go to Hell. They told him that quite often,” said Debbey.

His parents heard his cries but didn’t realize the extent of the pain that the youth was experiencing adding that their son never blamed anyone.

“It was really abusive. I don’t think it was ever physical. I think it was just words, but words hurt. They really hurt,” said his father Steve.

“This has just blindsided us. This is something we would have never, ever expected,” his mother added. “That’s been really hard. That image was terrible until we got to hold him yesterday. Now that image is gone, because the only thing we could think of yesterday when we were kissing and loving on him was how angelic he looked. He absolutely looked angelic. He’s just an angel,” she cried adding, “We all failed him. We all failed him. It’s as simple as that.”

The parents told Langston that they are determined to stop bullying adding that they hope raising awareness will ensure that other kids or their parents goes through the heartache they are experiencing.

“I honestly think education, education, education for everyone where bullying is concerned because it is a problem, not just in Bedford County. It’s a problem everywhere,” they said.

According to WKRN 2, “the Fritchleys were regulars at Penalties Sports Bar & Grill in Shelbyville. The owners of the restaurant, Rob and Shondelle Lewis, say they are like family and they are heartbroken over the loss of Eli. In an effort to help, they created a Gofundme as the Fritchleys are looking to start a foundation to bring awareness and help educate people about bullying and suicide awareness.”

I hope and pray, this unfortunate event we are going to make something of it. We’ve got to. We are going to come up with some sort of antibullying program through this Gofundme page where I pray to God this will not happen again,” said Rob.”

The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health examined depression and suicide risk among LGBTQ youth from rural areas and small towns compared to urban and suburban areas.

The Key Finding was that nearly half of LGBTQ youth in rural areas and small towns reported that their community was somewhat or very unaccepting of LGBTQ people compared to just over a quarter of those in urban and suburban areas. The data also shows that LGBTQ youth living in rural areas and small towns had slightly greater odds of depression and attempting suicide.

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Bedford County parents grieve son bullied before suicide

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New York

New York man arrested for threatening mass shootings of LGBTQ+ people

Defendant allegedly threatened bombings and mass shooting that would make the 2016 Orlando Pulse Nightclub Attack “Look Like a Cakewalk”

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World Pride, New York City June 29, 2019 (Photo by Andrew Nasonov)

CENTRAL ISLIP, Ny. – Agents from the New York Field Office of the Federal Bureau of Investigation (FBI) arrested and charged on Monday a Long Island man on a warrant issued by United States Magistrate Judge Steven I. Locke for mailing letters threatening to assault, shoot, and bomb LGBTQ+ affiliated individuals, organizations, and businesses. 

According to Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, of the FBI New York Field Office, who announced the arrest, Robert Fehring, 74, a resident of Bayport, New York on Long Island, since at least 2013, had been sending individuals associated with the LGBTQ+ community letters in which he threatened violence, including threatening the use of firearms and explosives. 

In the criminal complaint and affidavit for arrest, federal prosecutors allege that one letter threatened that there would “be radio-cont[r]olled devices placed at numerous strategic places” at the 2021 New York City Pride March with “firepower” that would “make the 2016 Orlando Pulse Nightclub shooting look like a cakewalk,” referencing the 2016 attack in which 49 persons were killed and dozens wounded at Pulse, a gay nightclub in Orlando, Florida.

“As alleged, the defendant’s hate-filled invective and threats of violence directed at members of the LGBTQ+ community have no place in our society and will be prosecuted to the fullest extent of the law,” stated Peace.  “This Office is firmly committed to protecting the civil rights of all members of every community in this district, including the LGBTQ+ community and other minority communities.”

Fehring is also alleged to have a sent a letter threatening the organizer of a June 2021 Pride event in East Meadow, New York, which stated:

“[W]e were right there you…FREAK!!!  They couldn’t get a shot off at you, slithering around the back stage area like a snake.  Too many cops.  Very disappointed.  But your time has come. . .. They are out to KILL you….and your boyfriend.  You are being watched.  No matter how long it takes, you will be taken out…. high-powered bullet…. bomb….knife…. whatever it takes.”

On November 18, 2021, members of the FBI’s Civil Rights Squad and the New York Joint Terrorism Task Force executed a search warrant at Fehring’s home in Bayport, New York, and recovered photographs from a June 2021 Pride event in East Meadow, New York, two loaded shotguns, hundreds of rounds of ammunition, two stun guns, and a stamped envelope addressed to an LGBTQ+ affiliated attorney containing the remains of a dead bird. 

“Fehring’s alleged threats to members of the LGBTQ+ community were not only appalling, but dangerous, despite the fact he hadn’t yet acted on his purported intentions,” stated Driscoll.  “As the primary federal agency responsible for investigating civil rights violations, the FBI takes all threats of this nature seriously.” 

The New York Executive Director of NYC PRIDE Sandra Pérez told the Blade in an emailed statement; “We take any and all violent threats seriously and report them to the appropriate authorities. We received threatening letters earlier this year and reported them. We appreciate the work of the Justice Department in investigating this situation. We are cooperating in any way we can, and we remain committed to the safety and well-being of the LGBTQIA+ community.”

Gay City News editor  Matt Tracy reported that Fehring appeared in court on December 6 before Magistrate Judge Steven I. Locke and was released on $100,000 bond. He is restricted to home detention with location monitoring, according to prosecutors. He is not allowed to have any firearms or “destructive devices,” is barred from contacting any of his alleged victims, and cannot go to the places he is said to have targeted.

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Kentucky

Another Trans person confirmed murdered this year- USAF vet & Mother

Her friends will always remember her infectious personality & her unmistakable laugh. She loved others passionately and fiercely

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Cris Blehar, (Family Photo)

MEADE COUNTY, Ky. – Another Trans person has been confirmed murdered this year bringing the deadly total to 49 deaths of transgender and gender non-conforming people in 2021 according to a tally kept by the Human Rights Campaign.

Cris Blehar, a 65-year-old white transgender woman, mother, and U.S. Air Force veteran, was discovered stabbed and shot to death by Meade County sheriff’s deputies who had responded to her rural home on Woodland Road in the Flaherty area. Deputies had been dispatched to perform a welfare check from an unidentified person concerned about Blehar.

The Elizabethtown, Kentucky, News-Enterprise newspaper reported that the Kentucky State Police had made an arrest in the case only a few hours after Blehar’s body was found of Vine Grove resident Tyler J. Petty, 18.

Tyler J. Petty, 18
(Mugshot: Meade County Sheriff’s Department)

“There was no relationship between the victim and the suspect. We believe he worked for her,” said Kentucky State Police Trooper Nicholas Hale in an email to the News-Enterprise. Petty was arrested and brought to KSP Post 4 and was interviewed about the case. Police say he admitted to killing Blehar. A trial date has been set for June 2022.

The murder in this rural area about an hour Southwest of Louisville on May 19, 2021, was brought to the attention of the Human Rights Campaign this week when Blehar’s cousin Mark Stephens contacted HRC to ensure that she was “remembered, honored, and counted” as a member of the transgender community. 

In a statement to HRC, Mark Stephens said;

“If there is one thing to know about Cris, it was that she fought fiercely to define her life as SHE wanted. Whether it was her military service, her 20+ year career in the airline industry, or her post retirement decision to buy a farm & start a family of her own. She lived life to the fullest and wanted everyone around her to live their best life as well. Growing up ‘different’ in Kentucky is certainly no easy task, something we shared in addition to being cousins, and she tackled it with the passion and zeal that only she could have. Her friends will always remember her infectious personality & her unmistakable laugh. She loved others passionately and fiercely, none more than her own son, Maverick.”

Blehar’s son Maverick Thompson paid tribute to her, writing:

“Cris was an amazing mother and a wonderful person. She had so much love and brought a smile to many. She had a hilarious sense of humor that will live on through those that knew her. She will be sorely missed!”

According to her obituary, Blehar was a former law enforcement officer in the U.S. Air Force and retired from United/Continental Airlines. She also worked as an Uber driver and loved animals and bowling.

HRC has officially recorded 49 deaths of transgender and gender non-conforming people in 2021, more than in any year since we began tracking this violence in 2013.

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