Episode Transcript
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Speaker 1 (00:00):
Good morning, and welcome to what's going on? A show
about making a difference in our lives and our communities.
I'm Lorraine Ballard Morrow, and what we do once a
month every month is we are joined by Angela Giampolo
of Giampolo Law and the blog Philly Gay Lawyer for
a segment we call speak Out, but in honor of
June Pride Month, we're going to devote the entire half
(00:22):
hour show to speak Out. So, Angela, so great to
see you. You really uplift the conversation on LGBTQIA plus
issues but also how they impact us all, how national
policy shapes our daily lives, and what we all can
do about it. So we got a lot to talk
about today, so let's jump right in. Let's talk about
(00:43):
the big picture. How have the latest Trump executive orders
reshaped federal protections for LGBTQ plus individuals, especially in education, housing,
and healthcare. That's a big question.
Speaker 2 (00:57):
It's going to start with the big ones. Since January,
you know, things have changed draftically for the LGBTQ community,
and a lot of interviews people have asked me from
June Pride month of last year to Pride Month of
this year. What's changed, How is the landscape different? And
the executive orders that came down both on January twentieth
(01:17):
and in the weeks that followed have really stripped away
most protections available to LGBTQ folks, at least vis a
vis the federal government. And one of the biggest and
I think one of the most impactful that we're going
to see the reverberations of which over time, is the
declaring of there only being two sexes, that of male
(01:41):
and female as the law of the land per the
federal government. Obviously, the folks initially impacted were gender diverse,
non binary, and transgender folks, but it will have reverberations
through all aspects of society, even marriage. Right there are
one thousand, one hundred thirty eight state and federal privileges
(02:02):
tied to the institution of marriage, and so what if
the federal government says at least the federal.
Speaker 3 (02:09):
Privileges of those one one hundred.
Speaker 2 (02:11):
And thirty eight will only go to marriages made up
of a male and female. So we haven't even seen
the full impact of all of the executive orders, but
a workplace discrimination in federal agencies DEI being completely stripped
away this last Pride, their Pride festivals struggling to generate
(02:32):
any sponsors. You know, companies don't want to touch Pride
with a ten foot poll based on what may happen.
I mean, Trump's suing Maine in California and it's really
been heartbreaking. One of the things is happening right now
is the taking away of the LGBTQ suicide Hotline.
Speaker 1 (02:51):
Yeah, I just read about that, so just to explain.
And there's the nine to eight eight, which anyone can
call if they're in an emotional mental wellness crisis, but
there was a separate number you could pick on the
keyboard that'll keep whatever that is the button on the
phone that allows you specifically for LGBTQ individuals who are
(03:13):
in crisis, right and they've taken that away.
Speaker 3 (03:16):
They've taken it away.
Speaker 2 (03:17):
It saw unprecedented numbers from November fifth and then on
January twentieth, a huge additional spite and so they know
the need is there. Folks have been calling it seeking assistance,
and they've seen they've seen the massive uptick and phone calls,
and yet they're taking it away despite or because of that.
Speaker 3 (03:41):
The Trevor Project is there, but.
Speaker 2 (03:43):
It's specific for LGBTQ youth as a suicide hotline. A
new suicide hotline got created post January twentieth specific for
trans folks, non binary and gender diverse folks, but they're
being a hotline for LGBTQIA adults. There isn't one at
(04:03):
the moment, as the government is taking away the one
that was in.
Speaker 1 (04:06):
Existence, right And when you look at the statistics, you
do see that there is a disproportionate number of folks
in the LGBTQIA plus community that are having crises, that
have mental health and wellness issues. And I believe that
two million people actually dialed into that nine to eight
eight specific to LGBTQ hotline aspect, and so not having
(04:32):
that is a huge, huge loss. I'd like to drill down.
We talked about the big picture, let's get a little
more specific. What's the current legal status of gender affirming
care across states and how has the federal government under
Trump responded to this issue. And of course we also
have that Supreme Court case as well that we should
(04:53):
talk about.
Speaker 2 (04:54):
Tell us more, Yes, exactly, the federal government's response is
one thing, and then the Scotis decision that came down
is another. So the Supreme Court decision us the Scrimmetti,
we were anticipating this. You know, the United Kingdom a
month ago banned gender firming care for trans youth. I
one hundred percent would have bet my life savings that
(05:16):
the decision was going to come down the way that
it did, six to three in favor of banning it.
So what that leaves us with is, just like ro v.
Wade and the Dobbs decision, that now it's up to
the states, and so their Tennessee is the state that
was in question, and there are twenty six other states
that already had bans in effect that were on hold
(05:40):
pending the Supreme Court decision that came down, so immediately
overnight those bans went into effect.
Speaker 3 (05:46):
So that is the.
Speaker 2 (05:48):
Current state of gender firm and care and the legalities
of it in the twenty seven states where it's banned.
Speaker 3 (05:54):
Here in Pennsylvania were good.
Speaker 2 (05:56):
Again, a lot of what you and I talk about
is a educating folks on the state of the world
in which we live in, but also giving them hope
and actual tools about what this is the state? But
what can you do right? And so what advising folks
(06:17):
is based on the state in which you live. There
may be a sanctuary state, a state where gender firming
care is available that based on your health insurance will
allow you to obtain that.
Speaker 3 (06:29):
For your child.
Speaker 2 (06:31):
There are three hundred thousand trans kids between the ages
of thirteen and seventeen that this is impacting. That is
significant and once you start these the impact on the
human body to all of a sudden stop if you
are on puberty blockers for x amount of you know,
months or years, and then to all of a sudden
stop that you know, we don't even know the full
(06:54):
impact of the health related consequences to that. So A
is there where you can so some service providers in
these states will be able to keep providing the care
for those folks, but will be but the provider themselves
will need to change how they go about providing that care.
(07:15):
So that's one is reach out to your provider and
can they continue to service you? But where they are
obtaining their medicine drugs, all of the things may will
need to change.
Speaker 3 (07:29):
A B. Telehealth.
Speaker 2 (07:31):
Does your health insurance allow you to do telehealth into
a state, especially if you have a PPO into a
state that is out of network but ultimately still available
to you. And then you know, I say this very seriously,
consider moving that is a massive privilege, not very I
can't say very few, I don't really know, but it's
(07:53):
a financial, significant shift in life, your job, you know,
all of the things, but to move states and a
lot of folks after this case was the oral arguments
were on December fourth, and they said that the decision
would come down in June, and based on the oral arguments,
(08:14):
and how bad the oral arguments sounded, you never really know,
but we kind of knew that this decision was coming down,
and so a lot of families have in the last
six seven months actually moved, and if you haven't, it's
something to consider.
Speaker 1 (08:28):
I wonder if we can shed a little more light
on what gender firm and care for transgender miners actually is,
because I think there are a lot of folks in
the general population who don't really follow this topic in
particular and might say, well, you know, they're miners. They
shouldn't have to make that decision, or they shouldn't be
(08:49):
able to make that decision because they're miners. What do
you just give us a little more insight into why
this is something that people are advocating for.
Speaker 2 (09:00):
One of the best things you can do for a
trans person is the minute they identify as such is
stopping again the puberty blockers, not having those hormones rush
through the body in the sex that they were born
in when the.
Speaker 3 (09:20):
Goal is to then transition to the other sex.
Speaker 2 (09:24):
So if you transition at forty versus transitioning at eight,
your body is that much healthier and resilient and able
to then proceed. So a lot of folks who say,
you know, but they're eight years old, what do they know?
The statistics, the real statistics are that one percent of
folks who transition quote unquote regret it one percent. You know,
(09:48):
just like I always knew I was gay. I've never
been with a man. I'm gold star lesbian as they
call it, and you know, I've never been in the closet.
But when I was in first grade and it was
Mother's Day and we were given money to buy flowers
for our moms, so and the teacher gave us, but
our moms had given the teacher the money, and then
(10:09):
the teacher gave us the money, and we weren't supposed
to go and buy flowers for our moms. I bought
flowers for my first grade teacher that I had a
crush on and gave them to miss Ingram And then
I came home and my mom was like, where are
my flowers? It was like I gave them to miss Ingram.
So people know, you know, like they used to call
it a sexual preference, right as opposed to sexual orientation.
(10:34):
I prefer Mexican food to Italian food. I don't prefer
women over men. I am oriented like a compass to
women versus men. So in trans folks have that same experience.
That's why it's called sexual orientation and gender identity SOGI
as one term. The stats are such that miners are
(10:59):
the highest authority on themselves and to be able to cease,
you know, the the development of someone born female before
puberty kicks in and right then sees that puberty blockers
and then and then start the hormones tea to then
(11:21):
transition them to to male and even the psychological aspect
of it. All right, so that's the medical reason. But
then to have someone born female not have a period
when that's not the body, the sex that they were
meant to be born in, to not develop breasts, to
(11:42):
not have that and then have self loathing over this
body that they don't feel a part of right to
stop all of that. So, both from a medical perspective
psychological perspective, it's absolutely key if someone has the wherewithal
and you know, ability to know as a child, to
(12:03):
be able to assist them as a minor. And right
here in Philadelphia we have one of the premier nationwide
gender clinics that chop before minors, and it's just it's
going to have a just horrific impact on hundreds of
thousands of miners around the country.
Speaker 1 (12:21):
There's been a push to roll back Title nine protections
for transgender students. Tell us what's going on there and
how are schools responding, because a lot of them are
facing the potential of losing funding, federal funding if they
were to allow transgender athletes to compete in their schools.
Speaker 3 (12:40):
Yeah, I mean that's exactly it.
Speaker 2 (12:42):
I mean, you know, during Pride Month, first day of
Pride Month, the White House was tweeting and they were
calling it Title nine months in retort to Pride Month
calling it Title nine months. So they are very aggressive around,
you know, rolling back all Title I mine protections for
transgender diverse, non binary folks, and if schools allow them
(13:05):
to compete, will lose funding. You know, that's what California
is dealing with, and Maine. And there are very few
schools out there with an endowment like Harvard that can
just say, you know what, we don't care. You know,
keep your money and we're going to stand with our
values and our principles and beliefs. A lot ninety percent
(13:25):
of schools don't have those options. To go back to
the scrematic case, this code is decision around gender affirming care.
What folks are not talking about yet because it just
happened and so, but what folks aren't talking about is
the level of scrutiny that the Supreme Court use in
analyzing that case.
Speaker 3 (13:46):
So this is sort of a legality.
Speaker 2 (13:48):
But any and all state law, federal law, any law,
if it's going to go up to the Supreme Court,
the Supreme Court has to choose a level of scrutiny
under which which it analyzes it. And there are three
rational basis, intermediate scrutiny or heightened scrutiny. And so for
(14:09):
the last decade we've had the premier case was in
twenty twenty.
Speaker 3 (14:13):
The Boss Stock v.
Speaker 2 (14:14):
Clayton case that gave us employment discrimination protections nationwide federal
Here in Pennsylvania, you can be fired for being gay
right in multiple counties. If you live in a county
that protects you, you're okay. But pre boss Stock, if
you were fired for being gay in Pennsylvania and you
called me, I had to ask you which county do
(14:34):
you live in? And if you lived in one of
the counties that had protections, then I could help.
Speaker 3 (14:39):
If not, I had to say I'm sorry. And it
was that simple.
Speaker 2 (14:42):
The Clayton in twenty twenty gave us employment discrimination because
it said that sets in the Civil Rights Act in
nineteen sixty four Title seven. That sets includes LGBTQIA folks,
including trans folks. Because what is more textbook about sets
right then, whether or not you're discriminating against someone on
(15:04):
whether they're male or female or somewhere quote unquote in
between gender fluid book.
Speaker 3 (15:10):
The Clayton the Supreme Court used heightened scrutiny.
Speaker 2 (15:14):
It was a completely different makeup of Supreme Court justices,
but they applied heightened scrutiny. And if it's heightened scrutiny,
then the government has to say that it has a
clear and convincing reason for the law, and if not,
then it fails. For the first time since then, the
(15:37):
Supreme Court used rational basis, not even intermediate, which means
and now you and I talked about this, I think
in last month's episode or the month before, there was
a federal court case in Texas where they said, Okay,
we know we can't fire people for being gay, but
we can harass and discriminate against them, and a federal
(16:01):
judge in Texas.
Speaker 3 (16:02):
Approved that case.
Speaker 2 (16:04):
What that is teeing up is for employment discrimination to
go back up to the Supreme Court and then it
will use rational basis. When the Supreme Court us uses
rational basis, ninety nine percent of laws are upheld. It's
rational basis. The government just needs a rational reason for it.
What the Scremtti case, even though it was around gender
(16:26):
a firming care. What it signals to me is is
that moving forward, any and all LGBTQIA plus cases heard
by the Supreme Court, including marriage equality, can a government
ban marriage equality in the state use rational basis?
Speaker 3 (16:42):
Absolutely? Why not?
Speaker 2 (16:44):
Can a state discriminate against LGBTQ folks, You know, why
not rational basis?
Speaker 3 (16:51):
So if Bostoc b.
Speaker 2 (16:52):
Clayton were heard under rational basis, there would have been
a different outcome, and that Texas case will work its
way up to the Supreme Court will have again, I
believe a different outcome in the boss Stock case. But
that's huge is the Supreme Court only uses rational basis
on LGBTQ cases. Moving forward, any and all what we
(17:13):
deemed to be discriminatory cases laws rather will be upheld.
Speaker 1 (17:19):
So I'd like to move on to a different topic.
And of course immigration is really top in the news.
I happen to know a youth who is gay and
from l Salvador, and he was threatened with death in
his little community because that's how they rolled back in
his little village. And he made his way to this
(17:40):
country through God only knows what kind of incredible hardship,
you know, sexual assault. God only knows what this poor
young man experienced. Now we have massive immigration roundups by ICE,
including Lgbtqiam Grints, and I wonder if we can talk
(18:02):
about how immigration policies under this administration are impacting this
community asylum seekers and refugees.
Speaker 2 (18:10):
Yeah, you know, most folks like you said, from elsavad
or Russia. So many other countries seek asylum here, and
now that is, you know, not a basis on which
even if they're here. More again, more so, what I'm
(18:34):
advising folks, especially if they fall in that category, because
we just had the note Kings protests in Philadelphia, is
being very very careful about how you exist in society
right now and not not availing yourself to any potential
(18:57):
law enforcement interaction ultimately because you're asylum status right just
like most a lot of folks that have been rounded
up by ice whatever legal reason that has brought you here.
There are folks who made deals with the government to
(19:19):
be confidential informants and bring in you know, cartel and
real folks that are doing the drug dealing and smuggling
that then the CI, the literal confidential informant has been deported.
We saw that in New Jersey with a restaurant owner
then gets deported to to El Salvadors. So for me,
that issue is one of the issues that LGBTQI plus
(19:44):
doesn't add. It adds an additional layer because especially if
they came here as asylum seekers, but anyone here with
an immigration issue that is currently existing in the United
States has founded reason to be afraid whether they're lge
b TQI A plus. We always say this show, you know,
while we talk about LGBTQ issues, applies to everyone, and
(20:06):
immigration is one of those that cuts right through whatever
your minority status is. Be careful, don't drive with a
broken headlight, don't speed, don't go to protests, just be
very careful.
Speaker 3 (20:23):
LGBTQI A plus.
Speaker 1 (20:25):
Or not, Yeah, No, it's it's rough times for those
law abidying immigrants who are just trying to make a living,
trying to raise their kids and do the base taxes,
pay tax and sure for sure. Now, I was in
New York yesterday and I was by the New York
Public Library and I took a picture and there's a huge,
(20:46):
beautiful LGBTQI A plus banner, you know, the really the
comprehensive one that encompass everything. It's really big, and there
are two of them. It's his libraries are for everyone
and protect the freedom to read. We've seen increased book
bans and anti drag legislation. How do these cultural policies
intersect with legal protections for LGBTQ plus people.
Speaker 2 (21:10):
The intersection for me is freedom right and again for all.
But when you start banning books, which is a portal
to cultural diversity, to expanding what you know, especially as
a child. Right, I grew up in a small town
(21:30):
in northern Quebec, thousand people and didn't know any gay people,
didn't know any black people, didn't know I mean, there's
just very very very small, rural Quebec French Canadian area.
Books were that portal long before I ended up in
a city of multi million folks. And so you start
banning books, you start closing minds. Yeah, right, and so
(21:55):
where's the intersection for LGBTQA folks like were that diversity
and so you're accelerating the closing of minds to diverse
people like myself, And then you know, then we have
drag Time Story Hour where drag queens will read to kids,
(22:16):
which is meant to promote literacy and fun and make
it fun and anyone who goes has a good time.
We had the longest running We were in the World
Book of Guinness Records Philadelphia with Britney Lynn and other
drag queens at the Constitution Center who read and read
and read and read and read. And so we're in
the Constitution, We're in the World Book of Guinness Records
(22:36):
for the longest drag queen story hour. But again, just
like with gender affirming care, just like with marriage equality,
just like with drag queens, what is wrong with letting
people live their life right? What is wrong with promoting literacy?
What is wrong with loving someone? And so you have
(22:57):
Republicans who believe in no govern interference, yet interfering in
every aspect of our life, down to who we.
Speaker 3 (23:06):
Love, what we can do, to our bodies, what we
can read. Yet they believe in hands off government.
Speaker 2 (23:12):
It makes no sense, right, And so it's about something else.
It's about inciting fear. It's about staying in power and
using the LGBTQI plus community as a political poem, in
my opinion, in order to do that, in order to
stay in power.
Speaker 1 (23:29):
In the last five minutes that we have at this
half hour went by.
Speaker 3 (23:33):
So you thought we have a hard time. I thought
we'd have a hard time talking for thirty minutes.
Speaker 1 (23:37):
Oh my gosh, it's just flown by a record.
Speaker 2 (23:39):
I've never been sent questions by marine Villard morel and I.
Speaker 1 (23:44):
Wow, this is always it first for everything. So ex
all right, let's talk about some positives. What can we
do I know that you certainly have talked about the
legal things that LGBTQI couples can do. You know, certainly
you know getting the will done, getting all those things done,
But just give us some specific steps that we can take.
(24:07):
What can we do.
Speaker 2 (24:08):
Again, whether we're talking about gender firming care, whether we're
talking about marriage equality, workplace discrimination, book banning, they're all
things within those buckets that folks can do. So it
depends how you're impacted by these varying laws. So first,
for folks that are in a committed relationship, that are married,
the biggest, impenetrable, inseverable line of defense that you can do,
(24:32):
and that we've always done for one hundred years, is
your LGBTQ state planning. Making sure you have the nine
essential documents in an LGBTQ state plan. Even if marriage
equality were not on the chopping block and everything was
puppies and babies and roses in this country, they're only
you're still only considered married in thirty seven countries out
(24:52):
of one hundred and ninety five that fly a flag.
So even as you travel, you are constantly going to
country where your marriage is not recognized. And so these
documents That's why I say, for one hundred years, like
they've always been necessary for us, even if things.
Speaker 3 (25:08):
Were puppies and babies and roses.
Speaker 2 (25:10):
Here. So, first and foremost your LGBTQ state planning, if
you're transgender, diverse, non binary, making sure as many identity
documents match your gender expression to the extent that you can. Right, So,
we've lost the ability to update federal documents, passports and whatnot.
Speaker 3 (25:29):
I had a trans client that sports.
Speaker 2 (25:32):
A full beard, has F on the passport, X on
their ID, and then had a plane ticket with M.
Not what I want with them traveling with three different right,
So if you still have X as a gender marker
on your IDA, I recommend changing it. As much as
I hate to say that, that's just the world in
which we live in, and.
Speaker 3 (25:52):
I say that.
Speaker 2 (25:54):
And also, you are the highest authority on yourself. You
know your threshold for safety, you know what privilege you
may or may not carry in the world, You know
how much you travel. Right, So, analyzing all of those factors,
I recommend for some folks based on that assessment, to
choose M or F. Also, if traveling, I'm recommending, and
(26:16):
I'm providing these letters for people who reach out. Getting
out of this country is easy, getting in not so much.
That's when you hit US border control, right. So that's
where the issue is not leaving coming in, and I'm
seeing a huge uptick in border control detainments.
Speaker 3 (26:33):
You can be detained from to six hours for no reason.
Speaker 2 (26:35):
I haven't had any lesbian couples, but I've had four
male couples, all sis, gay men, two with the same
last name. Two not all four walked up all four couples,
they walked up as couples. Again, your threshold for safety
just go up one head of time. It's not, you know,
as much of a red flag for the border control
person if they happen to be homophobic.
Speaker 3 (26:55):
What's your relationship? Brothers? No married? Oh, and thens a
whole issue.
Speaker 2 (27:01):
So I've had folks be detained, phones taken away, looked at,
look in social For my trans, non binary, gender diverse folks,
I write letters stating I am leaving Philadelphia going to
REQUIAVEC Iceland on June twentieth, returning July first Delta flight
(27:22):
fourteen ninety one, arriving at seven thirty eight pm.
Speaker 3 (27:25):
And the letter says it's from me, It's written by me.
Speaker 2 (27:29):
On my letter head, I have been retained by Lorraine
Ballard Moral for the purposes of this travel. So it's
not enough to say because you have no due process,
you've been detained. You don't get a phone call. So
just having a lawyer's card on you, you're not going
to get the phone call. But if you have a
letter saying that you are represented, then it's like you
(27:50):
have a lawyer in.
Speaker 3 (27:50):
The room with you.
Speaker 1 (27:51):
That's awesome, that's very I love the suggestions that you
make because although it may go against maybe your personal
desire to say I X on it, by doing some
of the things that you've suggested, then you're really protecting yourself.
And that's at the bottom line. Let's hope that's the
most important thing now, so much to talk about. My gosh,
(28:12):
thirty minutes just went by like a flash. If people
want to get in touch with you, Gmpolo law, how
do they do that?
Speaker 2 (28:18):
You can go to my website lawyer dot LGBT and
you can also find on TikTok providing content like this
at gay Lawyer and also Instagram at your Gay Lawyer.
Speaker 1 (28:28):
Fantastic Angela Gimpolo or Gimpolo Law. She has a blog
called Philly Gay Lawyer. She comes to us once a
month every month with speak Out, where we talk about
issues that impact the LGBTQIA plus community, but also talk
about how all of this impacts all of us. Thank
you so much, as always value your opinion and your
suggestions deeply, and thank you. We'll be back together, same
(28:53):
time next month.
Speaker 2 (28:54):
Thank you Learnin for consistently providing a platform for these issues.
Speaker 1 (28:58):
You could listen to all of the day's interviews by
going to our station website and typing in keyword Community.
You can also listen on the iHeartRadio app Keywords Philadelphia
Community Podcast. Follow me on Twitter and Instagram at Lorraine Ballard.
I'm Lorraine Ballard morel and I stand for service to
our community and media that empowers. What will you stand for?
(29:19):
You've been listening to what's going on ed. Thank you