GLAD Responds to DOJ Attack on Transgender Student Athletes

The Department of Justice has filed a statement of interest in Soule v. Connecticut Interscholastic Athletic Conference, a case challenging the state’s longstanding policy ensuring equal inclusion of transgender girls in K-12 sports. The statement from Attorney General William Barr sides with anti-transgender activist groups, including the Alliance Defending Freedom which brought the case, in arguing that the protections of Title IX do not extend to transgender girls.

Jennifer Levi, Transgender Rights Project Director at GLBTQ Legal Advocates & Defenders (GLAD), issued the following statement in response:

For nearly 50 years, Title IX has served as a bedrock for establishing fair and equal educational opportunities for all students. With its recent filing in Soule v. CT Interscholastic Athletic Conference, the Department of Justice erodes the significance of this landmark civil rights law by arguing that transgender girls do not enjoy its protections.

Participation in sports is a critical component of healthy physical and social development, and for transgender students it can be lifesaving. Title IX is designed to ensure equal opportunities for girls – meaning all girls. The Department of Justice’s position distorts the text and the history of federal law.

The current administration has been attacking vulnerable transgender youth since President Trump first took office, and it’s no surprise that they are doing so again. What is surprising is the decision to prioritize this attack during a national public health emergency, when young people across the country are already struggling to cope with school shutdowns as well as cancellations of recreational activities, sports seasons, after-school jobs, graduation ceremonies, and more. During this moment of tremendous stress and anxiety, young people across the country, as well as school communities, are looking for support and guidance from our government, not polarizing and legally unfounded attacks on vulnerable kids and their families.

Challenging Insurance Exclusions for Gender Affirming Medical Care

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Update April 23, 2020: Victory! The Connecticut Commission on Human Rights and Opportunities issued a milestone ruling prohibiting all employers and insurers from denying coverage for any treatments related to gender transition. This ruling follows a national trend of striking down discriminatory exclusions for gender affirming medical care.

“Nou bat bravo pou Komisyon an paske li rekonèt bezwen swen sante kritik moun transganr yo epi li denonse diskriminasyon ki genyen nan plan sante ki refize swen,” te di. Ben Klein, Avoka Prensipal nan GLBTQ Legal Advocates & Defenders"Eksklizyon ki klase pwosedi preskri pa doktè kòm "opsyonèl" oswa "kosmetik" kontredi yon gwo kantite prèv syantifik epi yo ka sèlman eksplike pa estereyotip ak prejije anvè moun transganr yo. Desizyon sa a pral asire ke desizyon swen sante kritik yo ka pran jan yo ta dwe, ant pasyan yo ak doktè yo, epi li pral pèmèt rezidan Connecticut yo jwenn aksè a swen ki sove lavi."

GLAD te depoze yon kout an konjonksyon avèk Pwofesè Kevin Barry nan Lekòl Dwa Inivèsite Quinnipiac sou non Rylie Robillard, yon rezidan Connecticut, Fon Edikasyon ak Legal pou Fanm Connecticut, ak Sant Nasyonal pou Egalite Transjèn. Dokiman sa a te resevwa sipò nan men temwayaj ekspè from Randi Ettner, PH.D, one of the nation’s preeminent experts on gender affirming medical care.

February 20, 2020: GLAD filed a petition in the State of Connecticut’s Commission on Human Rights and Opportunity, challenging health plans that categorically exclude facial feminization surgery and other procedures for people with gender dysphoria. The filing comes after Rylie Robillard, a transgender woman, was told her medical provider-recommended facial feminization surgery is considered cosmetic, and her procedure was denied. The brief argues that the categorical denial of this medical care discriminates on the basis of gender identity and expression, sex, and disability.

These coverage exclusions contradict a robust body of scientific evidence that can only be explained by stereotypes and bias towards transgender people. We are working to ensure that health insurers provide all medically-necessary gender affirming surgeries, so that critical health care decisions can be made between patients and doctors.

From the filing:

“Gender dysphoria is a serious medical condition that requires treatment. People with gender dysphoria, however, continue to be subjected to pernicious discrimination in access to vital healthcare. Many insurance and employer-sponsored health benefit plans, for example, continue to deny coverage for medically necessary and recognized treatments, most notably facial feminization surgeries, breast augmentation, and other treatments that bring the body into congruence with a person’s affirmed gender to eliminate gender dysphoria.

“The categorical exclusion of these procedures as per se cosmetic, and therefore never medically necessary, is wholly out-of-step with authoritative medical standards of care and the significant and well-designed body of research establishing their efficacy in alleviating or eliminating gender dysphoria.”

GLBTQ Legal Advocates & Defenders Welcomes New Board Members

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(Boston, MA) GLBTQ Legal Advocates & Defenders (GLAD) is thrilled to announce the appointment of three new board members: Jessyca Feliciano, Matthew McGuirk, and Spencer Icasiano. These individuals have served the LGBTQ community for many years and bring robust experience in the areas of corporate diversity, financial development, and technology user experience.

“With their commitment to GLAD’s mission and work, Jessyca, Matthew, and Spencer’s diverse talents will add to the Board’s strength, making us even more ready to face the challenges ahead. We are excited to welcome three people with such varied professional backgrounds and passion for LGBTQ equality,” said Executive Director Janson Wu.

Jessyca Feliciano is a Vice President of Employee Relations at State Street Corporation, helping manage the relationships between the organization and its employees. Prior to joining State Street, Jessyca held positions of increasing responsibility in corporate and non-profit organizations, most recently with Mass Mutual as a Human Resources Business Partner supporting the Data Science and Digital Design corporate groups and their leaders. In addition to her primary responsibilities, Jessyca also served as a diversity and inclusion liaison, holding the business accountable for implementing diversity best practices and strategies. She started her career in social work working with at risk youth in underprivileged communities, always focusing on creating opportunities of inclusion, which is still something very close to her heart. Jessyca earned a Master of Education with a focus on Organizational Development and Leadership from Cambridge College’s Graduate School of Education, and a Bachelor’s in Social Work from Roberts Wesleyan College.

Matye McGuirk is a Financial Advisor with Morgan Stanley. He has worked in asset & wealth management for over 20 years, currently focusing his practice on serving the LGBTQ community. In his public service life, he serves on several boards & committees that support this community and is honored to begin work on the Development Committee of GLAD’s Board. Matt particularly looks forward to building bridges between organizations with which he has ties, such as the MA LGBT Chamber of Commerce where he is a founding partner, and other non-profits such as Community Research Initiative where he is a member of the Board; Fenway Health where he is a member of the Board of Visitors; and the Human Rights Campaign, where he is a member of the New England Steering Committee and Co-Chair of the Federal Club for New England. Outside of his advocacy work, Matt also enjoys theater, and serves on the Board of Directors of New Repertory Theater. While he is committed to all areas of GLAD’s work, he has a particular interest in protecting children and the elderly and has been involved with organizations such as the LGBT Community Center and SAGE. He is a graduate of Hampden-Sydney College, and holds an Executive Certificate in Financial Planning from Georgetown University and a Master of Science in Financial Planning from Bentley University.

Spencer Icasiano is a product designer at HubSpot, and a user experience specialist who has held previous positions at Care.com and Wayfair. Spencer has consulted on and designed tech platforms that create seamless experiences for clients and customers. In addition to their day job, they work as a contributing writer for 90.9 WBUR, covering primarily QTPOC (queer and trans people of color) artists and activists whose cultural impacts are directly shaping the future of Boston. The beginning of Spencer’s connection to GLAD was as a resource – GLAD provided support to Spencer through a violent and transphobic landlord situation, as well as gender-based discrimination and sexual harassment instances in their career. Spencer’s natural inquisitiveness and pursuit of justice has spilled over into other areas of their life and thanks in part to GLAD’s impact they’ve been able to successfully advocate for employee environment and policy improvements and consulted on inclusive hiring practices at public tech companies. Spencer’s public speaking skills have been cultivated at professional conferences, engineering bootcamps, and local institutions—from world-class universities to Fortune 100 corporations—where they lead talks and workshops on topics of cultural competency and organizational change. Spencer earned a Bachelor’s Degree in Writing from Emerson College.

Jessyca, Matthew and Spencer join current board members Joyce Kauffman (President), Darian Butcher (Vice President), Marlene Seltzer (Treasurer), Leila Bailey-Stewart, Edward Byrne, Francisco Cabas, Martha Holt Castle, Fred Csibi-Levin, Liz Doherty, Shane Dunn, Joseph Garland, George Hastie, David Hayter, Dianne Phillips, Lee Swislow, and Richard Yurko.

Atravè litij estratejik, defans politik piblik, ak edikasyon, GLBTQ Legal Advocates & Defenders ap travay nan New England ak nan tout peyi a pou kreye yon sosyete jis san diskriminasyon ki baze sou idantite ak ekspresyon sèks, estati VIH, ak oryantasyon seksyèl.

Blog

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Imajine ou nan lopital lè pitit ou a ap fèt epi ou enkyete w pou li pa ka ale lakay ou si yon bagay ta rive patnè w ki te akouche a. Imajine ou pa ka pran pitit ou a nan gadri, oubyen mennen l wè yon doktè. Imajine yon bagay rive patnè w la epi sèvis pou timoun yo ap chèche pran gad timoun nan paske pitit ou a pa gen okenn lòt paran legal. Tout enkyetid sa yo se enkyetid reyèl ke nouvo paran yo genyen lè yo pa legalman rekonèt—epi nouvo paran yo gen ase sou do yo menm nan pi bon sikonstans yo.

“Mwen pa t paran byolojik li e mwen pa t kapab mete non m sou sètifika nesans li anvan nou te kite lopital la. Yon sètifika nesans se premye e pafwa sèl lyen legal yon paran genyen ak pitit li. Se yon bagay ki vrèman enpòtan. Mwen menm ak patnè mwen an te pran menm mezi ak zanmi "etero" nou yo ki pa ka fè pitit pou fè pitit, men yo te refize nou posiblite pou mete non nou toulede sou sètifika nesans lan sèlman sou baz sèks nou.”

Aksè a parante legal pa ta dwe depann de mwayen ekonomik yon fanmi, si paran yo se menm sèks oswa sèks diferan, oswa sou fason fanmi sa a fòme. Men, lwa eta nou yo pa kenbe ak diferan fason nou fòme fanmi nou yo, tankou itilizasyon teknoloji repwodiksyon asisté oswa fè pitit anvan oswa san marye. Menm nan Nouvèl Angletè, kote nou benefisye de lwa anti-diskriminasyon solid, toujou gen gwo twou vid ki genyen nan lwa sou parante ki fòse paran yo sibi pwosesis ki pran anpil tan, ki koute chè epi ki anvayisan pou pwoteje relasyon yo ak pitit yo. Anpil nan lwa sa yo pa te mete ajou depi ane 1970 yo.

Lè l sèvi avèk Lwa Inifòm sou Parante 2017 la (UPA) kòm lejislasyon modèl, Avoka Senior GLAD Patience Crozier ap kolabore avèk lòt defansè pou fè avanse refòm lwa sou parante nan Rhode Island, Massachusetts, Connecticut ak New Hampshire. UPA a ak pwojè lwa espesifik pou chak eta ki baze sou li mete ajou konpreyansyon lalwa yo genyen sou fanmi pou reflete reyalite aktyèl la epi pou asire chemen aksesib e san diskriminasyon pou etabli pante. Sa gen ladan l asire ke fanmi LGBTQ ki itilize repwodiksyon asisté gen aksè a pante atravè pwosesis Rekonesans Volontè Pante a, ki pèmèt paran yo garanti relasyon legal yo ak pitit yo imedyatman apre nesans e san yo pa bezwen al nan tribinal. Refòm sa yo rezone ak anpil moun nan kominote LGBTQ a ak lòt moun ki tou senpleman ap chèche mwayen egal ak jis pou garanti relasyon paran-pitit yo.

Lwa sou Parante nan Rhode Island (RIPA) a te gen yon gwo momantòm ak sipò nan sesyon lejislatif 2019 la. Pwojè lwa a te pase a l'unanimite nan Sena a epi li te gen yon sipò konsiderab nan Chanm Reprezantan an kote li te pare pou l' pase tou jiskaske Jij Anchèf Tribinal Fanmi an te entèveni sanzatann. Malgre yo te konsilte l' pou bay opinyon li anvan yo te depoze pwojè lwa a, Jij Anchèf la te angaje l' sèlman nan dènye minit pou mande plis etid. Chanm Reprezantan an te kreye yon komisyon etid ki pral reyini otòn sa a pou revize RIPA a epi fè refòm sa yo ki vrèman enpòtan avanse. Antanke yon kominote, Rhode Island motive pou fè lejislatif sa a avanse epi pou asire tout timoun ak fanmi yo gen aksè egal a parante. GLAD pral patisipe nan komisyon etid la, epi li rete angaje nan efò lejislatif sa a, epi pou pataje istwa fanmi ki te fè eksperyans enpak difisil ak douloure lwa sou parante ki demode yo.

Paran Sara ak Anna te fè eksperyans efè lalwa demode Rhode Island lan dirèkteman lè yo te fonde fanmi yo. Pitit gason yo a, Eli, te fèt grasa repwodiksyon asisté. Kòm yo pa t marye, Sara, antanke paran ki pa te paran byolojik, pa t gen okenn koneksyon legal prezime paran ak Eli lè yo te fèt, epi pa t gen okenn mwayen pou etabli paran li.

“Mwen pa t paran byolojik li e mwen pa t kapab mete non m sou sètifika nesans li anvan nou te kite lopital la, sa m konnen, sa ka sanble yon fòmalite men se pa sa. Yon sètifika nesans se premye e pafwa sèl lyen legal yon paran genyen ak pitit li. Se yon bagay ki vrèman enpòtan. Mwen menm ak patnè mwen te pran menm mezi ak zanmi "etero" nou yo ki pa ka fè pitit pou fè pitit, men yo te refize nou posiblite pou mete non nou toulede sou sètifika nesans lan sèlman sou baz sèks nou.”

Sara te pran 8 mwa pou adopte pwòp pitit gason l lan – yon tan ki long anpil pou yon moun nan yon lenb legal, sitou lè li rive pitit li. Anplis, pandan tout mwa sa yo, Sara ak Anna te sibi etap long, anvayisan, e pafwa abitrè nan pwosesis adopsyon an, tankou mete yon anons nan jounal la pou avize donatè espèm anonim nan sou adopsyon an, nan ka li ta vle konteste revokasyon "dwa paran" li yo.

Paran LGBTQ nan Rhode Island yo pa poukont yo k ap chèche lejislasyon pou pwoteje fanmi yo. Maine ak Vermont toulede te pase yon refòm konplè sou paran yo, men rès Nouvèl Angletè a gen anpil chemen pou l fè.

Malgre ke Massachusetts kounye a pèmèt paran menm sèks yo siyen yon VAP, toujou gen baryè pou etabli parante legal nan Commonwealth la. Lwa sou Parante MA a se yon aktyalizasyon ki fè sans nan lwa MA a ki asire tout timoun ak fanmi yo gen aksè egal pou etabli parante, epi li korije diskriminasyon ki egziste nan lwa eta aktyèl la. Yon odyans piblik sou MPA a te fèt nan kòmansman mwa septanm nan.

Nan Connecticut, yon kowalisyon ap travay sou yon bouyon lejislatif pou mete ajou lwa leta a sou parante, epi nou espere ke lejislatif la ap depoze an 2020. Menm jan de efò ap fèt tou nan New Hampshire, kote lwa yo egziste pou pwoteje timoun ki fèt atravè ART ak matènite pou ranplase, men kote toujou gen twou nan lalwa a.

Lanmou kreye fanmi, men nou tout dakò lalwa bezwen pwoteje yo. Kontinye opere avèk lwa demode ki gen plizyè dizèn ane kite kèk timoun ak fanmi san pwoteksyon. GLAD angaje pou asire ke tout timoun ak fanmi gen aksè a pwoteksyon fondamantal paran legal yo.

Hartford Pride 2019

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Come out and see us at Hartford Pride!

Visit their website isit la.

Nouvèl

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On May 24, the Trump Administration announced a new proposed rule that would change the interpretation of the Affordable Care Act’s nondiscrimination provision to no longer include LGBTQ people.

It is alarming that the Trump administration is leveling yet another attack on the rights of LGBTQ people.

But, there are a couple of important things to note:

First, this is only the announcement of a proposed rule change. Nothing is changing right now.

The next step is a required period for public comment, which means we can all weigh in with our concerns about this proposal, and we encourage you to do so. We won’t know for sure what the final rule will look like until that public comment period is over.

If you’d like to take action, visit www.protecttranshealth.org to add your comment on why you oppose this proposed rule.

Second, no matter what the final rule says, the Trump administration cannot change the law on a whim.

Federal law has been interpreted by multiple federal courts to prohibit discrimination against LGBTQ people, in cases that apply in the health care context. Those decisions are controlling; the meaning and scope of federal protections ultimately turns on federal court interpretation, not that of the administration.

We also have strong state laws and regulations across New England that protect you from discrimination and protect your right to access health care. The proposed federal rule change does not alter those state laws. Contact us at www.GLADAnswers.org if you need more information.

The bottom line is that nothing is changing right now, and you still have rights to nondiscriminatory health care – but the Trump administration is working to make it harder for you to enforce those rights.

GLAD will be closely monitoring developments, and if you think you are being treated differently, or are experiencing discrimination, please kontakte nou right away.

Access to HIV Prevention for Connecticut Youth

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Victory! In July 2019, Governor Ned Lamont signed the bill into law.

GLAD strongly supports House Bill 6540, which would ensure that populations at risk for HIV have direct access to HIV PrEP and can avoid the currently incurable and life-altering consequences of HIV infection.

Young people are at especially high risk for HIV, and particularly gay and bisexual men of color.

Physicians must have the tools they need to help reduce the unacceptable racial disparities in PrEP utilization. Ensuring that physicians can prescribe PrEP when a youth is at risk for HIV, regardless of parental consent, will facilitate this critical public health goal.

We now have remarkably successful tools to keep youth safe, but doctors have been hampered from using this ground-breaking technology when minors do not have parental consent. We support the passage of House Bill 6540 to protect Connecticut’s youth.

Click here for a fact sheet about H.B. 6540: An Act Concerning the Prevention of HIV

Click here for a list of members of the Connecticut General Assembly’s Public Health Committee.

Connecticut Paid Family and Medical Leave S.B. 1 AND H.B. 5003 – 2019

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GLAD supports partners Connecticut Women’s Education and Legal Fund, Planned Parenthood Connecticut, CT Working Families, and others in advocating for paid family and medical leave in Connecticut.

S.B. 1: An Act Concerning Paid Family and Medical Leave and H.B. 5003: An Act Implementing a Paid Family and Medical Leave Program would create and implement a comprehensive, statewide system of paid family and medical leave for workers who need time to care for themselves or a loved one or to welcome a child.

This legislation would promote the economic security and stability of all workers in Connecticut, including LGBTQ individuals and their loved ones.

GLAD Attorney Patience Crozier temwayaj soumèt February 14, 2019, on GLAD’s support for the bills, their importance to the LGBTQ community, and the need to have an inclusive definition of family in Paid Family Leave programs.

On March 11, 2019, GLAD Senior Staff Attorney Patience Crozier temwayaj soumèt regarding the Governor’s S.B. No. 881, An Act Establishing a Paid Family and Medical Leave Program, to urge the Labor and Public Employees Committee to ensure that there is an inclusive definition of family member as provided in S.B. 1 and H.B. 5003. Although GLAD supports action on this important economic justice issue, GLAD cannot support S.B. No. 881 unless it includes a fair and inclusive definition of family member which is not currently in this bill.

Celebrate 10 Years of CT Marriage Equality!

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Join us for a celebration of the 10th anniversary of marriage equality in Connecticut! Thanks to the hard work of thousands and thousands of people across our state that combined Love Makes a Family’s grassroots public advocacy and GLAD’s precedent-setting state supreme court victory in Kerrigan v. DPH, Connecticut was one of the earliest states to win the freedom to marry, and the first to say civil unions weren’t equality. Come and toast that victory, see old friends, and hear about new efforts that are underway to continue the campaign for legal and lived equality for the LGBTQ+ community.

Event is free and open to all! RSVP here.

Nouvèl

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Response to New York Times Report of Trump Administration’s Latest Move Against Transgender People

Statement of GLAD Transgender Rights Project Director Jennifer Levi

Today’s Nouyòk Times report that the Trump Administration is considering a proposal to define the word “sex” for legal purposes in a way that deliberately excludes transgender people is one more example of this administration’s disregard of human rights and its heartless political strategy of attacking the most vulnerable among us.

The reactionary policies of this administration have caused and will cause too many to suffer. But staying focused on the changes that our community, friends, and allies have so bravely brought about through our advocacy, our words, and our deeds, sustains me. It informs my firm belief that the callousness of this administration is an aberration. We will persist, justice will win out, and this challenging moment will not define our country’s future.

This reported move is in conflict with the approach of both federal and state courts and government agencies in interpreting laws prohibiting sex discrimination. Even though the administration is working hard to delegitimize the federal judiciary upon which so many civil rights advancements have depended, we know that justice means justice for all. GLAD will never back down from pursuing protections and challenging unconstitutional laws and policies in the courts.

But just as importantly, the ideology being pushed by this administration is contrary to the beliefs and vision of countless leaders in education, business, medical and scientific communities, and among political leaders who have been willing to work across the aisle when rights and safety have been at stake. It also stands in stark contrast with the lives and experience of transgender people, our families, friends, neighbors and coworkers, all across this great nation.

The bottom line is that this administration has a transparent, callous, political agenda – and it is willing to undermine our most fundamental institutions to pursue it. We have seen this at work everywhere from the military – where Trump continues to pursue his ban on transgender troops despite its proven negative impact on military readiness and vocal opposition from military leaders – to the arenas of education, employment, and healthcare. It is a toxic agenda, dangerous to us all.

This administration continues to act rashly and in mean-spirited ways. But we have the power to counter it. We are strong and resilient. We will not back down and cannot be erased. We will continue telling the truth about our lives, treating one another with compassion, and fighting for justice. It is imperative that we act now, avèk our collective power, to stand up for what is right. We have an opportunity on November 6 to voice our values, to support candidates who believe in fairness, and reject those who use human beings as political pawns.

In Massachusetts, we face a critical vote – one that offers the chance to affirm the dignity and humanity of transgender people and to uphold the value of treating one another with respect. How Massachusetts votes on Question 3 will impact the direction de our nation. I am hopeful that the people in my home state will vote Yes on 3 pou preserve the transgender civil rights law which we fought so long and so hard to pass. I am optimistic that we will demonstrate, once again, that the cruel agenda of a few does not reflect the will of We, the People.

The reactionary policies of this administration have caused and will cause too many to suffer. But staying focused on the changes that our community, friends, and allies have so bravely brought about through our advocacy, our words, and our deeds, sustains me. It informs my firm belief that the callousness of this administration is an aberration. We will persist, justice will win out, and this challenging moment will not define our country’s future.