Trump administration’s use of biological definition of gender leaves some upset
LGBT leaders across the U.S. reacted with fury Monday to a report that the Trump administration is considering adoption of a new definition of gender that would effectively deny federal recognition and civil rights protections to transgender Americans. “I feel very threatened, but I am absolutely resolute,” Mara Keisling, executive director of the National Center for Transgender Rights, said at a news conference convened by more than a dozen activist leaders. “We will stand up and be resilient, and we will be here long after this administration is in the trash heap.” The activist leaders, speaking amid posters reading “#Won’tBeErased“, later addressed a protest rally outside the White House. On Sunday, The New York Times reported that the Department of Health and Human Services was circulating a memo proposing that gender be defined as an immutable biological condition determined by a person’s sex organs at birth. The proposal would define sex as either male or female, and any dispute about one’s sex would have to be clarified through genetic testing, according to the Times’ account of the memo. President Donald Trump addressed the matter briefly as he left the White House for a political trip to Houston, but left unclear how his administration plans to proceed. “We have a lot of different concepts right now,” Trump said. “They have a lot of different things happening with respect to transgender right now — you know that as well as I do — and we’re looking at it very seriously.” Trump added: “I’m protecting everybody.” The Cabinet agency had acknowledged months ago that it was working to rewrite a federal rule that bars discrimination in health care based on “gender identity.” It cited a Texas-based federal judge’s opinion that the original rule went too far in concluding that discrimination based on gender identity is a form of sex discrimination, which is forbidden by civil rights laws. The department said Monday it would not comment on “alleged leaked documents.” It did release a statement from Roger Severino, head of its Office for Civil Rights, saying his agency was reviewing the issue while abiding by the 2016 ruling from the Texas-based federal judge, Reed O’Connor. LGBT activists, who pledged legal challenges if the reported memo leads to official policy, said several other courts had issued rulings contrary to O’Connor’s. “For years, courts across the country have recognized that discriminating against someone because they are transgender is a form of sex discrimination, full stop,” said Diana Flynn, Lambda Legal’s litigation director. “If this administration wants to try and turn back the clock by moving ahead with its own legally frivolous and scientifically unsupportable definition of sex, we will be there to meet that challenge.” Shannon Minter, a transgender attorney with the National Center for Lesbian Rights, called the reported plan a “cynical political ploy to sow discord and energize a right-wing base” before the Nov. 6 election. UCLA legal scholar Jocelyn Samuels, who ran the HHS civil rights office in the Obama administration, said the Trump administration would be going beyond established law if it adopted the policy in the memo. “What they are saying is you do not get to decide your sex; it is the government that will decide your sex,” said Samuels. For LGBT-rights leaders, it’s the administration’s latest attack on transgender Americans. Among the others are an attempt to ban them from military service; a memo from Attorney General Jeff Sessions concluding that civil rights laws don’t protect transgender people from discrimination on the job; and the scrapping of Obama-era guidance encouraging school officials to let transgender students use school bathrooms that matched their gender identities. Omar Gonzalez-Pagan, a lawyer with Lambda Legal, said the proposed rule change appears to still be undergoing White House review. It would need to be signed off by the departments of Justice, Labor and Education, which are also involved with civil rights enforcement. He said “the purpose of this rule is to erase transgender people from existence, to write them off from federal law, and to institute a definition that is contrary to case law, contrary to medical and scientific understanding, and contrary to the lived experience of transgender people.” While social mores enter into the debate, medical and scientific experts have long recognized a condition called “gender dysphoria” — discomfort or distress caused by a discrepancy between the gender that a person identifies as and the gender at birth. Consequences can include severe depression. Treatment can range from sex-reassignment surgery and hormones to people changing their outward appearance by adopting a different hairstyle or clothing. According to an estimate by the Williams Institute at the UCLA School of Law, there are about 1.4 million transgender adults in the United States. Republished with permission from the Associated Press.
Bradley Byrne looks to fund Trump’s border wall through budget reconciliation process
Alabama 1st District U.S. Congressman Bradley Byrne announced Monday he has introduced legislation that would help President Donald Trump secure the necessary funding to build the border wall with Mexico. Byrne’s bill, H.R. 7073, better known as the 50 Votes for the Wall Act, would use the budget reconciliation process secure the necessary $25 billion needed to build the wall, which would side-step a threatened filibuster by Senate Democrats. Budget reconciliation allows bills to pass out of the Senate with only 50 votes, while almost all other Senate bills require 60 votes. Budget reconciliation was the same process used to pass tax reform last year. The bill would also fully fund the border wall, eliminating the possibility that Democrats could bottle up funding in future appropriations bills, and direct the Secretary of Homeland Security to finalize construction before the beginning of President Trump’s second term. “Border security is national security, and we cannot allow Democrats to continue to block our efforts to build a wall along our southern border,” explained Byrne. “That is why I am introducing the 50 Votes for the Wall Act, which creates a process to overcome the Democrat obstruction and move forward with plans to construct President Donald Trump’s border wall. He continued, “Sixty-three million Americans voted for President Trump with the promise of building a wall because they want us to finally secure our borders. With the 50 Votes for the Wall Act, we can make the wall a reality and ensure the safety of the American people.” The bill would create Border Wall and Security Trust Fund, allowing it to be filled with up to $25 billion “out of any money in the Treasury not otherwise appropriated, such sums as the Secretary of Homeland Security may request of the Secretary of Treasury on or after October 1, 2018,” reads the bill’s text. The authority for the trust fund will be terminated on September 30, 2028. The unobligated balance of any amounts fund on such date will be returned to the general fund of the Treasury. Byrne’s bill has earned the support of Federation for American Immigration Reform (FAIR), a leading immigration reform organization. “Even though President Trump and Congressional Republicans have a clear mandate from the American people, Democrat obstructionists have repeatedly blocked border wall funding and are once again threatening to do so in December,” said AIR Government Relations Director RJ Hauman. “This is why it is important to pursue other avenues to ensure that the border wall is funded once and for all. One such avenue is Congressman Bradley Byrne’s Fifty Votes for the Wall Act – which provides a unique and filibuster-proof funding mechanism for the border wall. FAIR applauds Congressman Byrne for introducing this legislation, and recognizing that Democrat obstruction poses a significant national security risk.” Congressman Byrne’s bill is sponsored by fifteen of his Republican colleagues, including two fellow members of the Alabama delegation: 5th District U.S. Rep. Mo Brooks and 3rd District U.S. Rep. Mike Rogers. Other sponsors include U.S. Reps. Kevin Cramer (R-ND), Michael Burgess (R-TX), Francis Rooney (R-FL), Brian Babin (R-TX), Jim Banks (R-IN), Paul Gosar (R-AZ), Matt Gaetz (R-FL), Ralph Norman (R-SC), Andy Biggs (R-AZ), Bill Posey (R-FL), Alex Mooney (R-WV), Scott DesJarlais (R-TN), and Lamar Smith (R-TX).
University of Alabama team wins $1 million grant to develop tool to combat opioid epidemic
Across the country, opioid abuse has reached epidemic levels, severely affecting communities and straining public safety resources. The Institute of Business Analytics, or IBA, a research unit at the University of Alabama’s Culverhouse College of Business, has received an approximate $1 million grant from the Office of Justice Programs at the Justice Department to develop a data-driven tool to help officials better understand the scope of the opioid epidemic in Alabama and how to intelligently allocate resources. The University of Alabama team, which consists of principal investigators Drs. Matthew Hudnall, Jason Parton and Dwight Lewis, will develop the Unified Nexus for Leveraging Opioid Crime Knowledge, or UNLOCK, system that pulls in data from multiple sources and analyzes it using high-powered computing techniques to create reports that will assist field officers, law enforcement administrators, prosecutors, community affiliates, public health providers and researchers in their work combating the abuse of opioids in Alabama. “Critical data about the opioid epidemic comes from a multitude of sources including public health entities, law enforcement and municipalities,” said Hudnall, associate director of the IBA. “UNLOCK brings those data together to create intelligent, actionable recommendations that end users can deploy in their work fighting opioid abuse.” The data that UNLOCK will use includes summarized toxicology information, evidence test results, coroner death report information and other geo-referenced data. This award was made as the result of a highly competitive grant solicitation issued by Office of Justice Programs in the spring titled “Comprehensive Opioid Abuse Site-based Program” that resulted in 46 awards nationwide. “Many of us are very aware of the ways that the opioid crisis has negatively impacted communities and families across the state,” said Parton, director of IBA. “My team and I are excited about the promise of UNLOCK as a tool to counter the crisis.” This story originally appeared on the University of Alabama’s website. Republished with permission from the Alabama NewsCenter.
Familiar 2016 figures deployed as midterms hit last 2 weeks
President Donald Trump is battling Democrats for control of Congress. But you might think it’s 2016 all over again. As the 2018 midterms shifted to the final two weeks of campaigning, Trump was staging a large Monday night rally in Houston, Ted Cruz‘s hometown, to help the Texas senator and 2016 presidential rival fend off a tough challenge from Democratic Rep. Beto O’Rourke. During the 2016 primaries, Trump mocked Cruz as “Lyin’ Ted,” insulted his wife’s appearance and suggested Cruz’s father played a role in the Kennedy assassination. Cruz assailed Trump as a “sniveling coward” and told Trump to leave his wife alone. But campaigns have a way of letting bygones be bygones. Democrats dispatched former President Barack Obama to Las Vegas to help Nevada Democrats while former Vice President Joe Biden was barnstorming Florida. Vermont Sen. Bernie Sanders, who tried to wrestle the 2016 Democratic nomination from Hillary Clinton, was in Wisconsin, one of the states that propelled Trump to his stunning upset. And California Sen. Kamala Harris, a potential 2020 presidential candidate, was kicking off a two-day trip to Iowa, her first to the home of the nation’s first presidential caucus. Democrats are trying to flip nearly two dozen House seats to regain control of that chamber. Republicans are trying to maintain a slim Senate majority and defend several governors’ mansions. A look at midterm campaign activities Monday: __ PELOSI PREDICTS: House Democratic leader Nancy Pelosi says if the election were held today, her party would “handily” win back control of the House. But she’s raising the possibility of an unpredictable finish to the midterms, adding, “I can only speak in the present tense because you never know.” Democrats have been wary about potential foreign interference in next month’s elections, concerned that Russia might again try to sow discord in the political system. House Democrats are expected to reopen the investigation into Russian interference in the 2016 election if they win the majority. Pelosi told CNN’s Dana Bash at CITIZEN by CNN political forum that Democrats will “own the ground” to produce a large voter turnout, promising lower prescription drug costs and infrastructure spending if Democrats win back the House. Asked if she believes House Democrats will elect her speaker again if they regain the majority, Pelosi says “it’s up to them to make that decision but I feel pretty comfortable where I am on it.” __ SANDERS IN WISCONSIN: Former presidential candidate Bernie Sanders told college students and other young supporters in Wisconsin that they could “transform” the nation if they show up and vote in the upcoming fall elections. Sanders headlined an early voting rally at the University of Wisconsin-Milwaukee aimed at defeating Republican Gov. Scott Walker and re-electing Sen. Tammy Baldwin, D-Wis. Organizers said there were more than 1,100 people at the rally. “Let’s tell Trump and his friends — let’s tell Trump and Walker and all of these guys — that we want a government and an economy based on justice, we want a government and an economy that represents all of us and not the 1 percent,” Sanders said alongside Baldwin. Wisconsin is one of the campaign’s epicenters. Trump is returning to the state Wednesday for a rally with Walker and Leah Vukmir, Baldwin’s Republican opponent. Obama is coming to Milwaukee Friday for an early voting event. Polls show Walker’s race against state education chief Tony Evers to be a tossup, while Baldwin has consistently led Vukmir. Republished with permission from the Associated Press.
Equal pay activist Lilly Ledbetter endorses State Rep. Adline Clarke
Alabama State Rep. Adline Clarke has won the endorsement of the woman
Documentary uncovering traumatic birth experiences gives voice, hope to Alabama women
In 2016, Caroline Malatesta and her husband, J.T. were awarded a $16 million verdict against Brookwood Medical Center of Birmingham, Ala. for their claims of medical negligence and reckless fraud for the hospital’s natural birth advertising campaign at the time of their child’s 2012 birth. During the birth of her fourth child, Malatesta was permanently injured by a Brookwood nurse who forced the mother onto her back and pressed her baby’s head back into her vagina until the doctor arrived. As a result of the mistreatment, the Alabama mom has since suffered immeasurably: she has a permanent nerve injury called Pudendal Neuralgia, she’s unable to have future children, and can no longer have sex. Now her story, along with the stories several other Alabama mothers, is being shared in a new documentary film, Mother May I?, in hopes of putting an end to obstetric violence. According to Broadly.com, “the term “obstetric violence” appears nowhere in US law, but other countries like Venezuela and Argentina are beginning to define it as a crime against people giving birth. It is an umbrella term that includes disrespectful attitudes, coercion, bullying, and discrimination from care providers, lack of consent for examinations or treatment, forced procedures like C-section by court order, and also physical abuse.” Malatesta, describes her involvement with the project: In 2016, I received the ultimate validation of a jury verdict. As a result, I heard from hundreds of women who had experienced similar treatment, and I realized I couldn’t stop at my verdict. I’m well aware of the role my privilege played in getting justice, and I want nothing more than for my story to be used to give a voice to women who don’t have one. I’m now the president of The Birth Monopoly Foundation, which is producing the film. Those of us who have suffered birth trauma know that even when we are silenced, that nagging feeling doesn’t go away. Deep in our guts, we know what happened to us was wrong. When you are told “all that matters is a healthy baby” or “birth is unpredictable, so you must be flexible,” remind yourself that you love your child more than anyone else in the world. You aren’t speaking up because you are ungrateful; you are speaking up because you care about your baby. When a mother’s emotional health suffers, her baby suffers, too. The film has an estimated February 2019 release date. Watch the Mother May I? trailer below:
Bradley Byrne: Conservative policies are working
Rarely in today’s world of instant communication and “the loudest voice wins” politics do we hear positive stories in the news cycle. Now, though, I would like to draw attention to a story that has proven to be good news, but has, for the most part, not received the coverage it deserves: conservative policies are working. In the past two years, the Republican-controlled Congress has passed over 1,000 bills out of the House of Representatives, and almost 250 of them were signed into law by President Donald Trump. That’s roughly 28 percent more bills that have passed out of the House than in years past. With the bills that have been signed into law, we have funded around 75 percent of the government on time for the first time in a decade. About 80% of the bills passed have been through bipartisan efforts, and 100% of the bills are pro-growth, pro-defense, and pro-America legislation. Part of our pro-America agenda has focused on preparing our students to enter the workforce with the necessary skills they need to thrive in today’s job market. One of the most prevalent myths in society today is that students must have a four-year degree to succeed. That’s just not true. Thanks to bipartisan reforms to our career/technical education programs, we can give students a stepping stool directly into jobs after graduation or into post-secondary education programs centered around tangible skills and real-world careers. Thanks to legislation like last year’s Tax Cuts and Jobs Act, we are seeing confidence in our economy soar to record levels. Small business satisfaction and job openings are both at all-time highs, and our unemployment rate has dropped to the lowest level in nearly 50 years. Right here in Alabama, we are experiencing record low unemployment and more Alabamians are working than at any point in our state’s history. We have fully funded the military to help rebuild our forces after cuts under President Barack Obama. Our servicemen and women will receive the largest pay raise in nine years, better taking care of those who protect us. And, these funds will equip them with newer and improved systems so they can better execute the mission of keeping Americans safe both at home and abroad. We have passed legislation to take better care of our veterans as well. Service to our nation doesn’t end when the uniform comes off, and our veterans deserve to have the benefits they earned. Improvements to the Veterans Choice Program will allow veterans to better access the health care they need at a convenience they deserve. Additionally, changes to the GI Bill will allow education benefits to better work for both veterans and their families. We have also made progress on improving our nation’s infrastructure. Landmark legislation will make it easier to improve our waterways, ports, and airports. Right here at home, we are closer than ever before to building the I-10 Bridge and completing improvements to the Port of Mobile. Even with all the above accomplishments, there is still much work to be done. For example, securing our border for the future is a must to ensure American safety and protect our assets here at home. That’s why I have proposed the 50 Votes for the Wall Act, an innovative solution to fund the border wall and overcome Democrat obstruction in the Senate. While there are still challenges ahead, there is no doubt that with conservative policies the American people are better off now and getting stronger for tomorrow. As long as I serve in Washington, I will always support policies that put Americans first and work for a stronger future for all of Alabama. • • • Bradley Byrne is a member of U.S. Congress representing Alabama’s 1st Congressional District.
Monday is last day to register to vote in Alabama
Are you ready to vote? Monday is the last day to register to vote in Alabama. November’s mid-term election is just 15 days away. If you aren’t registered to vote yet, here’s what you need to do: Alabamians who are at least 18 years old, a U.S. citizen, have not been convicted of a disqualifying felony or declared “mentally incompetent” by a court may register one of three ways: Via an electronic voter application through the Alabama Secretary of State’s website here. By using the Vote for Alabama app. Available here. Via a mail the application. You may download and print a copy of the form here. In person at your local Board of Registrars’ office. Office locations can be found here. As well as when you are applying for or renewing a State of Alabama driver’s license or nondriver identification card; at state and local government offices when applying or recertifying for Aid to Dependent Children, SNAP, TANF, Food Stamps, WIC, Medicaid, or Rehabilitation Services; at public libraries; and at armed forces recruiting stations. Not sure if you’re registered? Want to find your polling place? Check here. Voting absentee Alabama voters who will be away from their county or residence or otherwise unable to go to the polls have until Nov. 1 to apply for an absentee ballot. According to the Secretary of State’s office, a voter may cast an absentee ballot if he or she: WILL BE ABSENT FROM THE COUNTY on election day IS ILL OR HAS A PHYSICAL DISABILITY that prevents a trip to the polling place IS A REGISTERED ALABAMA VOTER LIVING OUTSIDE THE COUNTY, such as a member of the armed forces, a voter employed outside the United States, a college student, or a spouse or child of such a person IS AN APPOINTED ELECTION OFFICER OR POLL WATCHER at a polling place other than his or her regular polling place WORKS A REQUIRED SHIFT, 10-HOURS OR MORE, that coincides with polling hours Nov. 5 is the last day for voters are eligible to hand-deliver or postmark an absentee ballot.
Russia probe revival expected if Democrats win House
House Democrats are expected to reopen the investigation into Russian interference in the 2016 election if they win the majority in November. But they would have to be selective in what they investigate. California Rep. Adam Schiff, the top Democrat on the House intelligence panel, has said his party would have to “ruthlessly prioritize the most important matters first.” The Republican-led Intelligence Committee was the only House panel to investigate Russian meddling, and its investigation is now closed. Republicans say they found no evidence of collusion between Russia and President Donald Trump‘s campaign. Democrats say Republicans ignored key facts and important witnesses and want to restart parts of the investigation if they win the House. But some Democrats also worry that there could be a political cost if they overreach. Schiff and other lawmakers say they are closely watching special counsel Robert Mueller‘s Russia investigation and the Senate’s Russia probe to look for gaps that they could fill. And if Mueller issues any findings, their investigative plans could change. “My sense is that we want to be precise,” says California Rep. Eric Swalwell, a Democratic member of the intelligence panel. Here’s a look at what Democrats are likely to investigate if they take the House majority. ___ MONEY LAUNDERING Schiff has repeatedly said a priority for Democrats would be investigating whether Russians used laundered money for transactions with the Trump Organization. Trump’s businesses have benefited from Russian investment over the years. Schiff said he wants to know whether “this is the leverage that the Russians have” over Trump. Other committees might also want to look into money laundering, including the House Financial Services panel. It’s unclear whether Mueller is probing money laundering related to the president’s business. ___ MORE WITNESSES The Democrats issued a list in March of several dozen people whom the committee hadn’t yet interviewed when the Russia investigation was shut down. Democrats would want to call in some — but probably not all — of those witnesses. Former Trump campaign advisers Michael Flynn, Paul Manafort, Rick Gates, and George Papadopoulos are among them. They all pleaded guilty to various charges in the Mueller probe and have cooperated with prosecutors. Important witnesses whose credibility Democrats have questioned might also be called back. That includes Trump’s former personal lawyer, Michael Cohen, who pleaded guilty in federal court in August to campaign-finance violations and other charges, and prominent Trump supporter Erik Prince, who met with Russians during the campaign. Prince was defiant in an interview with the intelligence panel in December. “I believe there are those who were less than candid with us,” says Illinois Rep. Mike Quigley, a Democratic member of the committee, referring to Cohen and Prince, among others. Democrats have said they also want additional documents that Republicans refused to subpoena. ___ PUBLIC HEARINGS House Republicans limited their Russia investigation to the intelligence panel, which traditionally conducts most of its business in secret. Democrats would probably spread the investigation over several other committees, opening it up and allowing for public hearings with top Trump officials. Texas Rep. Joaquin Castro, a Democratic member of the intelligence panel, says they would try to be more transparent. The Republican investigation was “a way to keep everything behind closed doors,” he said. Democrats would also push to provide interview transcripts to Mueller, a step Republicans had resisted. The committee recently voted to make most of its Russia transcripts public, but it’s unclear when that will happen. ___ DONALD TRUMP JR. Democrats have pushed for more information about the president’s son, Donald Trump Jr., and communications with his father and other aides related to a June 2016 meeting between Trump campaign officials and a Russian lawyer. According to phone records he provided to Congress, Trump Jr. had a call with a blocked number several days before the meeting took place; he said he didn’t recall with whom. Democrats want to subpoena additional phone records because Trump Jr. has insisted he didn’t alert his father to the meeting beforehand. They also want more information about his communications with former Trump communications aide Hope Hicks. Democrats may also look into direct messages on Twitter between Trump Jr. and WikiLeaks, the website that released emails from top Democratic officials during the 2016 campaign. Trump Jr. has released those direct messages, in which the website urged him to publicize its leaks. ___ TRUMP’S TAXES Democrats in the majority would probably push for the release of Trump’s tax returns, a task that would be up to the House Ways and Means Committee. Trump broke a decades long tradition by declining to release his returns during the campaign. The Republican House and Senate have declined to ask for them. Lawmakers hope that access to Trump’s taxes would reveal information about his financial entanglements with other countries, among other things. But getting them may not be easy. The tax-writing committees in Congress can obtain tax records from the IRS under the law, but it is possible the Trump administration would refuse to hand them over, prompting a court fight. ___ ISSUES RELATED TO COLLUSION Since Republicans closed the Russia investigation earlier this year, Democrats on the intelligence panel have conducted some of their own investigations despite not having subpoena power. They have made some progress in probing Cambridge Analytica, a data analytics firm once employed by the Trump campaign that improperly gained access to data from millions of social media profiles. They have also investigated Republican operative Peter W. Smith, who worked to obtain Democrat Hillary Clinton’s emails from Russian hackers, according to The Wall Street Journal. Smith died shortly after talking to the paper. ___ PROTECTION FOR ROBERT MUELLER A Democratic House would probably try to move legislation to protect special counsel Mueller. Trump has repeatedly criticized Mueller and his investigation, calling it a witch hunt. Prompted by concerns that Trump may try to fire Mueller, the GOP-led Senate Judiciary Committee approved legislation in April that would give any special counsel a 10-day window to seek expedited