What’s Brewing: Texas A&M Senate backs anti-gay measure; pastors come out for Leppert

How do the “Pastors for Leppert” feel about his appearances at gay Pride?

Your weekday morning blend from Instant Tea:

1.  The Texas A&M Student Senate wants to cut funding in half for the school’s gay resource center, and divert the money to a “center for traditional and family values.” According to GLBT Aggies President Camden Breeding, the Student Senate voted Wednesday night to support a state budget amendment by Rep. Wayne Christian, R-Center, that would require schools with LGBT resource centers to spend an equal amount on centers for traditional and family values. The measure approved by the Student Senate, which you can read here, opposes any increase in student fees to pay for the new “traditional and family values” center, but says existing revenue should be evenly divided between the two centers. The Student Senate also agreed to advocate on behalf of Christian’s amendment as it moves through the Legislature. Well, it’s no wonder that Texas A&M is consistently ranked among the nation’s most homophobic schools. And it seems as though the notion that young people are less bigoted than their parents doesn’t necessarily hold true in Texas.

2. A bill to prohibit transgender people from marrying people of the opposite sex is yet to come up for a vote in the Texas Senate, but it could come up today, according to Daniel Williams at Legislative Queery. Williams also reports that State Rep. Garnet Coleman, D-Houston, has agreed to remove enumerated categories, including sexual orientation and gender identity/expression, from Asher’s Law, a bill that would prohibit discrimination in Texas public schools.

3. Former Dallas Mayor Tom Leppert continues to veer sharply to the right as he seeks the GOP nomination for U.S. Senate. A new website called Pastors for Leppert features endorsements from conservative religious leaders, including the virulently anti-gay Robert Jeffress of First Baptist Church of Dallas.

—  John Wright

DA says commissioners don’t have to operate ‘in a fish bowl’ — even if what they say sounds fishy

County Judge Clay Jenkins says he was not aware that sexual orientation didn’t include transgender people.

A while back we filed a request, under the Texas Public Information Act, seeking any and all records related to the Dallas County Commissioners Court’s decision to add sexual orientation — but not gender identity/expression — to the county’s nondiscrimination policy.

County Judge Clay Jenkins and Commissioner Dr. Elba Garcia, who spearheaded the amendment, have said they thought sexual orientation included gender identity/expression, based on advice they received from the county’s Human Resources department. But frankly we’re a little skeptical of this claim. Since Jenkins and Garcia told us this, one critical fact has emerged: They are one vote short of the majority needed to add gender identity/expression to the policy, which leads us to wonder whether that’s why it was left out in the first place.

After all, gay District Clerk Gary Fitzsimmons has said he shared his department’s nondiscrimination policy, which includes transgender employees, with Jenkins prior to the court’s vote to add sexual orientation but not gender identity/expression to the countywide policy. And during Jenkins’ campaign last year, he told us how as a civil rights attorney in private practice, he once represented a transgender person who won a lawsuit against a popular restaurant chain. As the plaintiff’s attorney in that case, wouldn’t Jenkins have become familiar with the distinction between sexual orientation and gender identity/expression? And as for Garcia, she was on the Dallas City Council in 2002 when the council passed a nondiscrimination ordinance that includes “gender identity” — albeit under the definition of sexual orientation.

To be sure, this can be a confusing distinction, especially to those who aren’t members of the LGBT community, and even to many who are. So if Jenkins and Garcia truly thought sexual orientation included gender identity/expression, it would be forgivable. What would be less forgivable, in that case, is their failure to consult with stakeholders, and namely people in the LGBT community, prior to voting on the sexual orientation-only amendment.

In light of all this, we filed our records request, but unfortunately it doesn’t look like we’ll be getting answers anytime soon, if ever. In a letter to Attorney General Greg Abbott’s office dated today, Assistant Dallas County District Attorney Michele Tapia maintains that the county shouldn’t be required to release the records we requested. Tapia argues that the county can legally withhold the records because they “constitute inter- or intra-agency communications that consist of advice, recommendations, and opinions reflecting the policymaking processes of a governmental body” that “would not be available by law to a party in litigation with the agency.” To download a copy of Tapia’s letter, click here.

“The disclosure of these documents would chill and discourage candid discussion on improvements from staff at all levels. Further, disclosure would serve to dampen open discussion and actions to improve processes and necessary corrective actions or improvement measures,” Tapia writes. “It would be impossible to have any frank discussion of legal or policy matters in writing if all such writings were to be subjected to public scrutiny. … It has been argued, and with merit, that the efficiency of a government agency would be greatly hampered if, with respect to legal and policy matters, all government agencies were forced to operate in a fish bowl.”

Abbott’s office now has 45 days to render a decision on the county’s request about whether it can withhold the records. Of course, in the meantime, this whole thing would probably just go away if the Commissioners Court simply went back and added “gender identity/expression” to the policy.

—  John Wright

Maurine Dickey compares being transgender to being fat, says she opposes protections

Maurine Dickey

In a setback for LGBT advocates, Dallas County Commissioner Maurine Dickey said today that she opposes adding transgender protections to the county’s nondiscrimination policy.

Dickey, a Republican who represents part of Oak Lawn, was considered a possible third vote in favor of adding gender identity/expression to the policy, which covers the county’s 7,000 employees. However, Dickey appeared to erase those hopes this morning, when she came out against the proposal in an interview after the Commissioners Court’s regular meeting.

Dickey told Instant Tea she believes the Commissioners Court’s recent decision to add “sexual orientation” to the policy was “overdue.” However, she said she thinks adding gender identity/expression to the policy could lead to adding “overweight people” or “people with diabetes.”

“I won’t be voting for a special protected class,” Dickey said. “You’ve got to stop somewhere. … It becomes a legal nightmare.”

In response to follow-up questions, Dickey said, “I’m not going to argue with you about it.”

—  John Wright

What’s Brewing: House taps former Bush SG to defend DOMA; gay blog Queerty shuts down

Paul Clement

Your weekday morning blend from Instant Tea:

1. House Republicans tapped former U.S. Solicitor General Paul Clement, who served for three years during the Bush administration, to defend the Defense of Marriage Act in court. And Speaker John Boehner wants to divert money from the Justice Department to pay Clement, a partner at Atlanta-based King & Spalding whose services won’t come cheap (he reportedly earns more than $5 million a year). Clement, representing the House’s Bipartisan Legal Advisory Group, has already filed a motion to intervene in one of the cases challenging the constitutionality of DOMA.

2. The gay blog Queerty has shut down. We’ll miss Queerty’s snarky headlines and irreverent prose as much as anyone, but we won’t miss the blog stealing our original content without crediting us.

3. A bill that would bar transgender people from marrying people of the opposite sex is again on the Texas Senate’s intent calendar for today. That means if you haven’t already contacted Senate Democrats and asked them to vote against SB 723, you should do so now (contact info  is here). Meanwhile, LGBT advocates will again be speaking during today’s meeting of the Dallas County Commissioners Court to call on the court to add gender identity to the county’s nondiscrimination policy. We’re headed downtown and will have a report later.

—  John Wright

Sooner or later, county commissioners will get tired of hearing about transgender protections

Rafael_McDonnell
Rafael McDonnell

Resource Center Dallas’ Rafael McDonnell sends along word that three people from the LGBT community are tentatively scheduled to speak at Tuesday’s regular meeting of the Dallas County Commissioners Court.

This will be the fourth consecutive week in which LGBT activists have spoken during public comments, calling on the Commissioners Court to add gender identity to the county’s nondiscrimination policy. And McDonnell said based on his conversations with commissioners, the advocacy is helping.

McDonnell said he ran into County Judge Clay Jenkins at an event last week, and Jenkins told him that public comments from the LGBT community are influencing the conversation. On Friday, McDonnell met with Commissioner Dr. Elba Garcia, who told him she’s received 60 letters in support of adding transgender protections.

“She urged us to keep up contacting Commissioners [Maurine] Dickey and [John Wiley] Price and share our stories and explain why it’s important,” McDonnell said. “She [Garcia] clearly supports it.”

Jenkins also supports adding gender identity to the policy, but three votes are needed for passage.

Price told Instant Tea last week that he remains undecided on the issue but said public comments from transgender woman Maeve O’Connor had done more to possibly sway him than anything else. Dickey, meanwhile, hasn’t returned a phone call seeking comment.

Dickey announced last week that she won’t seek re-election in 2012, which could make her more comfortable voting in favor of transgender protections. Two years ago, when Republicans still held a majority on the Commissioners Court, Dickey broke ranks and provided the decisive vote in support of ending a ban on condom distribution.

McDonnell said those slated to speak this week are Omar Narvaez of Stonewall Democrats and Lambda Legal, Travis Gasper of Stonewall Young Democrats; and Rebecca Solomon of Bank of America.

It’s too late to sign up to speak at this Tuesday’s meeting, but below is contact info for all five commissioners:

—  John Wright

Commissioner John Wiley Price undecided on protecting transgender county workers

John Wiley Price

Commissioner John Wiley Price says he remains undecided about adding gender identity to Dallas County’s employment nondiscrimination policy.

Price, a member of the court’s Democratic majority, represents the possible third and deciding vote in favor of transgender protections for the county’s roughly 7,000 employees.

County Judge Clay Jenkins and Commissioner Dr. Elba Garcia, two newly elected Democrats who spearheaded the addition of sexual orientation to the nondiscrimination policy last month, have said they mistakenly believed that transgender employees were covered under sexual orientation. Upon learning that they are not, Jenkins requested an opinion from the District Attorney’s Office about the impact of adding gender identity to the policy.

But even if the DA’s office concludes that there would be no negative impact, Jenkins and Garcia need at least one more vote to get the transgender protections passed, and Price is viewed as the most likely source.

“I still don’t know,” Price said when asked if he’d vote for the addition of gender identity to the policy after Tuesday’s regular meeting of the Commissioners Court.

Price added that Maeve O’Connor, a transgender woman who spoke during the public comments portion of the meeting, had done more to possibly sway him in favor of the change than anything else. Watch video of O’Connor’s comments above.

—  John Wright

What’s Brewing: Maryland Senate kills gender identity bill; anti-gay hate crime at UNC

Quinn Matney was attacked and severely burned in an anti-gay hate crime at the University of North Carolina.

Your weekday morning blend from Instant Tea:

1. For a third straight week, LGBT advocates plan to speak during the Dallas County Commissioners Court’s meeting today and call on commissioners to add transgender employees to the county’s nondiscrimination policy. Last month, commissioners voted to add sexual orientation but not gender identity to the policy. The Commissioners Court meets at 9 a.m. in the County Administration Building, 411 Elm St.

2. The Maryland Senate on Monday voted to kill a measure that would have protected transgender people from discrimination in housing, employment and credit — but not public accommodations. The vote marks the second major disappointment this year for LGBT advocates in Maryland, where the House thwarted a marriage equality bill last month.

3. A University of North Carolina freshman says he was attacked and severely burned in an anti-gay hate crime on the school’s campus last week. The UNC administration, which failed to notify students until a week after the attack occurred, now says it plans to report the incident as an anti-gay hate crime to the federal government.

—  John Wright

NEWS FLASH: Dallas already requires contractors to have LGBT-inclusive nondiscrimination policies

On Monday, the Nashville city council voted to require contractors to include sexual orientation and gender identity in their nondiscrimination policies.

According to a report from the Human Rights Campaign, Nashville joined cities including Bloomington, Austin, Tucson and St. Louis in enacting such a law.

You can add Dallas to that list.

Since 2002, the city of Dallas has required contractors to have nondiscrimination policies that include both sexual orientation and gender identity. The problem is, no one seems to be aware of this requirement, and it’s unclear whether it’s ever really been enforced by the city.

—  John Wright

HHS announces plan to improve LGBT health

Move comes following release of study detailing ‘research gaps and opportunities’ related to LGBTs and healthcare

LISA KEEN  |  Keen News Service
lisakeen@mac.com

The U.S. Department of Health and Human Services announced Friday, April 1, that it is making new recommendations for future action to “improve the lives of lesbian, gay, bisexual and transgender people.”

The announcement came on the heels of a federally sponsored report by the Institute of Medicine that identified “research gaps and opportunities” related to LGBT health. That report was released March 31.

It also came on the same day HHS Secretary Kathleen Sebelius announced a new policy “explicitly requiring HHS employees to serve all individuals who are eligible for the department’s programs without regard to any non-merit factor, including race, national origin, color, religion, sex, sexual orientation, gender identity, disability (physical or mental), age, status as a parent, or genetic information.”

A lengthy press statement released by HHS on April 1 mostly reiterated actions HHS and the Obama administration taken have taken previously to improve the health and equal rights for LGBT people. For instance, it noted President Obama had called for new guidelines to require hospitals receiving federal funds to allow LGBT patients to designate who could visit them in the hospital.

But among the new actions announced, the press statement said that later this year, HHS’s website devoted to the new health reform law, the Affordable Care Act (HealthCare.gov) would provide “additional information of specific relevance to LGBT populations.”

“In particular,” noted the HHS statement, “the website will allow LGBT consumers to identity health insurance policies available to them that include coverage of domestic partners.”

The announcement said HHS would also work to increase:

• the “number of federally funded health and demographic surveys that collect and report sexual orientation and gender identity data;”

• “evaluate ways its programs can ensure equal treatment of LGBT families,” through such programs as the Temporary Assistance for Needy Families, and others; and

• “encourage new and existing health profession training programs…to include LGBT cultural competency curricula.”

The IOM report released March 31 was commission by the National Institutes of Health, an agency of HHS. The report recommended that NIH conduct more research to “advance knowledge and understanding of LGBT health” and that HHS surveys collect data “on sexual orientation and gender identity.”

It also recommended “Data on sexual orientation and gender identity should be collected in electronic health records.

“Collecting these detailed patient-level data,” noted the IOM report, “with adequate privacy and security protection as is needed for all data collected in electronic health records, could assist in identifying and addressing LGBT health disparities.”

Local counselor Candy Marcum said she is not surprised by the findings in the study. According to the report, lesbian and bisexual women use preventive health services less frequently than heterosexual women.

Marcum said that when she first went to a gynecologist, the medical questionnaire asked how much sex she was having followed by what method of birth control she used. She said a major concern of the doctor is pregnancy.

“But that would involve having sex with a man and that just doesn’t sound right to me,” she said.

So to get proper care from her doctor, Marcum said, she had to come out. She said that doctors and caregivers are the most compassionate people but coming out to anyone can be scary.

Breast cancer and ovarian cancer occur more frequently among lesbians than straight women, the report said.

“You have the right for good health care,” Marcum said. But to make sure a physician looks for those things, it’s important for the doctor to know the patient’s sexual orientation.

She said the doctor has to have the proper context.

Marcum said another finding, that lesbians suffer from obesity more than women in general, is also not surprising. “Women are more accepting of the person they love,” she said.

Marcum said that the medical system is broken and that fewer people are accessing the system. But she said she is gratified that HHS was addressing the issues of the LGBT community.

The full IOM report can be read at iom.edu/Reports/2011/The-Health-of-Lesbian-Gay-Bisexual-and-Transgender-People.aspx.

© 2011 by Keen News Service. All rights reserved.

Dallas Voice Staff Writer David Taffet contributed to this report.

This article appeared in the Dallas Voice print edition April 8, 2011.

—  John Wright

Out & Equal to Dallas County: You mind adding transgender protections before our convention?

Selise Berry

Fresh to the Inbox tonight is a copy of a letter from Selise Berry, founding executive director of Out and Equal Workplace Advocates, to members of the Dallas County Commissioners Court.

Berry, a former Dallas resident, writes to thank the commissioners for adding sexual orientation to the county’s nondiscrimination policy a few weeks back — and to strongly encourage them to add gender identity.

Out and Equal, a nonprofit organization dedicated to achieving full equality in the the workplace, will bring more than 2,500 business leaders to Dallas in October for its annual Summit, one of the largest LGBT conventions in the world.

“We selected Dallas for our conference in part because of its combination of a strong LGBT community and its positive corporate environment,” Berry writes. “The Summit brings together executives, human resources and diversity professionals, and openly lesbian, gay, bisexual and transgender employees from the nation’s largest corporations to strategize, network and engage new ways to bring full equality to the workplace for lesbian, gay, bisexual and transgender people. When they arrive, we hope they’ll see Dallas County as a model for fairness, with fully inclusive protections that include both gender identity and sexual orientation.”

To read Berry’s full letter, go here.

—  John Wright