Category Archives: Thomas Perez

Obama criticized for lack of LGBT Cabinet appointments

Citizens Metal, Barack Obama, gay news, Washington Blade

HRC is criticizing President Obama for not naming an openly LGBT person to his Cabinet. (Washington Blade file photo by Michael Key)

The Human Rights Campaign, the nation’s largest LGBT rights group, criticized President Obama Friday for failing to nominate an openly LGBT person as part of his Cabinet.

Michael Cole-Schwartz, a spokesperson for HRC, said, “it is quite disappointing” that no openly LGBT Americans are among Obama’s nominees in the wake of him finalizing his Cabinet.

“While the Cabinet is full of staunch allies, there is no reason why qualified LGBT Americans willing to serve their country should be overlooked, especially in a day and age when LGBT people are an integral part of the fabric of our nation as everyone from doctors to teachers to professional basketball stars,” Cole-Schwartz said. “The president has said it’s our job to remind him when he’s fallen short and while there’s much for which to applaud him, on this issue this president has fallen far short.”

President Obama rounded out his selections for the 15 posts in his second-term Cabinet without naming an openly LGBT person. Before leaving for Mexico and Costa Rica for discussions with leaders in those countries, Obama on Thursday nominated Chicago businessperson Penny Pritzker as commerce secretary as well as White House economic adviser Michael Froman as U.S. trade representative.

Earlier in the week, Obama named Charlotte Mayor Anthony Foxx as his pick for transportation secretary. The president nominated Foxx, who’s black, for the position in the wake of criticism that his Cabinet lacked diversity and a stern letter from Congressional Black Caucus Chair Marsha Fudge (D-Ohio) who criticized Obama for not having more black people in his Cabinet.

Meanwhile, LGBT groups have been calling for the nomination of an LGBT person as part of Obama’s Cabinet and for an openly LGBT nominee as a G-20 ambassador.

Such a nomination would be historic because no openly LGBT person has ever before been named or served as a Cabinet member.

Shin Inouye, a White House spokesperson, responded to the criticism about the lack of LGBT nominees in the Cabinet by pointing to Obama’s record on LGBT issues.

“The president is deeply committed to diversity in his administration, and he’s proud of the of LGBT appointments he’s made throughout all levels of his administration,” Inouye said. “Moreover, he has a strong record of accomplishment on issues of concern to the LGBT community and will continue to make progress in that area.”

Another group that has called for the appointment of an openly LGBT Cabinet member is the Gay & Lesbian Victory Fund. Chuck Wolfe, the Victory Fund’s CEO, told an audience at the Equality Forum in Philadelphia on Friday that Obama’s failure to make such a pick was “disappointing.” But Wolfe noted that there remains time for an openly LGBT Cabinet pick before the end of Obama’s second term.

Obama has had opportunities to name an openly gay person as part of his Cabinet since the start of his second term, but none were taken. For example, many hoped that John Berry, the former head of the U.S. Office of Personnel Management, would be named as interior secretary because of his background heading the National Zoo and a junior position he held within the department during the Clinton administration.

But that Cabinet role ultimately went to Seattle-based businessperson Sally Jewell, who helped with the effort to legalize marriage equality in Washington State. Still, the Washington Post has reported that Berry is on Obama’s short list for a nomination as U.S. ambassador to Australia.

Another name drawing speculation was Fred Hochberg — who’s gay and headed the U.S. Export-Import Bank during Obama’s first term — for a nomination as commerce secretary. An administration official told the Blade in December that Obama was closely looking at Hochberg for the role, but the president made another choice for that Cabinet post this week.

Yet another opportunity for an openly gay Cabinet nominee was California Assembly Speaker John Perez, who reportedly was on Obama’s short list for the role of labor secretary. That position instead went to Assistant Attorney General for Civil Rights Thomas Perez. Although he’s straight, he has one of the strongest records on LGBT rights in the Obama administration because he testified before the Senate in 2009 in favor of the Employment Non-Discrimination Act and helped implement the hate crimes protection law.

Despite the lack of an openly LGBT Cabinet member, Obama is known for making more openly LGBT appointees than any president before and named more than 260 openly LGBT appointees within his administration. Just last month, the Senate confirmed Eric Fanning for the role of Air Force under secretary — the second-highest civilian position for that service. And Obama has nominated 10 openly gay people to serve as federal judges — including Pamela Ki Mai Chen, the first confirmed openly gay Asian-American nominee — when only one openly gay person had previously served on the bench.

Ohio hospital to pay for HIV-based bias

Thomas Perez, assistant attorney general for the Civil Rights Division of the Justice Department.(Washington Blade file photo by Michael Key)

Thomas Perez, assistant attorney general for the Civil Rights Division of the Justice Department.(Washington Blade file photo by Michael Key)

WASHINGTON — Glenbeigh Hospital in Rock Creek, Ohio, must pay $32,500 plus $5,000 in civil penalties to an unidentified man who sued the hospital for unlawfully refusing to admit him to an alcohol treatment program because of side effects of his HIV medication, the Justice Department announced last week.

The department found that Glenbeigh could not show that treating the man would have threatened his health or the health and safety of others. The settlement resolves allegations from the man that Glenbeigh violated the Americans with Disabilities Act.

The Department said this is the fourth settlement it has reached in six weeks addressing HIV discrimination by a medical provider.

Glenbeigh must also train its staff on the Americans with Disabilities Act and develop and implement an anti-discrimination policy.

“Ensuring access to medical care for people with HIV requires that those in the medical field make medical decisions that are not based on fears or stereotypes,” said Thomas Perez, assistant attorney general for the Civil Rights Division of the Justice Department.

Puerto Rico police agree to strengthen hate crime response

Gay News, Washington Blade, Puerto Rico, Hate Crimes

Pedro Julio Serrano (Photo courtesy of Pedro Julio Serrano)

The Puerto Rico Police Department agreed to strengthen its response to hate crimes in a settlement the Justice Department announced on Dec. 21.

DOJ ordered the PRPD to “collect accurate and reliable data hate crimes” on “an ongoing basis” and submit it to the Federal Bureau of Investigation for inclusion in its annual Hate Crimes Statistics report. (The FBI currently reports statistics based on sexual orientation, but not gender identity and expression. It will begin to collect transgender-specific data this year as outlined in the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act that President Obama signed in 2009. The agency will begin to report them in 2014.)

The department agreed to develop policies that will improve the way its officers interact with transgender people while in custody. The PRPD will also provide officers with bias-free police trainings at least every two years and annually after 2017. Components of these sessions will include “the protection of civil rights as a central part of the police mission” and “arbitrary classifications and stereotyping” based on sexual orientation, gender identity and expression and other factors.

“These provisions are designed to promote police services that are equitable, respectful, and free of unlawful bias in a manner that supports broad community engagement and effective crime prevention,” the agreement reads. “These provisions will enable PRPD to provide members of the public with equal protection of the law, without bias based on race, color, ethnicity, national origin, religion, gender, disability, sexual orientation, gender identity or gender expression.”

“We appreciate the hard work of [then-Gov. Luís] Fortuño, [PRPD] Superintendent Hector Pesquera and their staff,” Thomas E. Perez, assistant attorney general for the DOJ Civil Rights Division, said in a press release that announced the agreement. “Together, and with great input from the public, we have designed a comprehensive blueprint for reform that provides a solid foundation that will professionalize and support the hardworking men and women of PRPD as they protect the people of Puerto Rico.”

The DOJ’s announcement comes after its damning Sept. 2011 report that listed an inadequate response to hate crimes as among the PRPD’s numerous deficiencies.

More than 30 LGBT Puerto Ricans have been killed since gay teenager Jorge Steven López Mercado’s decapitated, dismembered and partially burned body was found alongside a remote roadside in Nov. 2009.

A judge sentenced Juan José Martínez Matos to 99-years in prison after he pledged guilty to the crime, but the Puerto Rico Department of Justice’s own reports indicate Puerto Rican prosecutors have yet to convict anyone under the island’s hate crimes law that includes both sexual orientation and gender identity and expression. The Puerto Rico Senate in late 2011 approved a proposal that would have eliminated LGBT-specific protections from the aforementioned statute.

Pedro Julio Serrano and other Puerto Rican LGBT advocates repeatedly criticized Fortuño and his administration for what they contend was an unwillingness to speak out against anti-LGBT violence in the American commonwealth in the wake of López’s brutal death that sent shockwaves across the island and around the world.

“It’s definitely too little too late for the outgoing administration,” Serrano told the Washington Blade in response to the DOJ agreement. “But it’s a good blueprint and protocol that is necessary to finally have this in place for the prosecutors in Puerto Rico so they can work on the hate crimes on the island and make sure they are correctly prosecuted and investigated as hate crimes because it hasn’t happened in Puerto Rico.”

The DOJ also met with Gov. Alejandro García Padilla, who succeeded Fortuño on Wednesday, to discuss the agreement.

“We look forward to working with Governor-elect García Padilla and his incoming administration to finalize the agreement and begin the critical work of rebuilding PRPD,” Perez said before the current governor took office. “Ensuring effective, constitutional policing is not a partisan issue, and we appreciate the commitment of Gov. Fortuño and Governor-elect García Padilla to the reforms embodied in the agreement. The successful implementation of the reforms contained in this agreement will help to reduce crime, ensure respect for the Constitution and restore public confidence in PRPD.”

García pledged during his campaign he would support a number of LGBT-specific proposals that include the addition of sexual orientation and gender identity and expression to the island’s anti-employment discrimination law, civil unions for same-sex couples and including LGBT Puerto Ricans in the island’s domestic violence statutes. Serrano urged the incoming administration to amend the hate crimes law to allow prosecutors to introduce bias-related evidence at the start of a trial as opposed to during the sentencing phase.

“We want it from the get go to be prosecuted as a hate crime so the evidence and a way the case is prosecuted is a following the motivation of the crime and it’s not left to the end of the process where usually after they get a conviction or someone pleads guilty then they don’t have to deal the motivation because they already got what they wanted,” he said, adding he feels both the PRPD and the Puerto Rico Justice Department do not understand how to address hate crimes. “The only way to curb anti-LGBT violence in Puerto Rico is we finally prosecute these as hate crimes and people understand the motivation behind them was anti-LGBT.”

The DOJ agreement will take effect on April 15.