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      'We shouldn't still be fighting for equal rights': LGBTQ+ bill faces tough battle ahead

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      Sign up for the Guardian’s First Thing newsletterThe US House of Representatives voted to pass a landmark bill that would establish federal anti-discrimination protections for LGBTQ+ people, setting up a tough battle in the Senate to turn the proposal into law. “We shouldn’t still be having to fight for equal rights,” said Nic Talbott, a 27-year-old Ohio resident, who was forced to abandon his plans of joining the military due to Donald Trump’s ban on trans service members. “We should be able to go to work, find housing and just live our lives without having to worry about whether or not we’re going to be excluded just for being transgender or gay.”The Equality Act passed the Democratic-led House in a 224-206 vote, with three Republicans joining the Democrats. The bill amends existing civil rights laws to explicitly prohibit discrimination based on gender identity and sexual orientation and provides clear legal protections for transgender and queer people in employment, housing, education, public accommodations, federally funded programs and other sectors.But the proposal’s future is uncertain. Joe Biden has said signing the bill into law is one of his top priorities, but it first has to clear the Senate, where GOP lawmakers could block the legislation with a filibuster. The Equality Act builds on the landmark US supreme court ruling last year prohibiting employment discrimination against LGBTQ+ workers. Biden has already issued executive orders to defend trans rights, undoing some of Trump’s anti-LGBTQ+ policies and directing federal departments to follow the guidance of the supreme court decision. But advocates say the Equality Act is vital because it would enshrine protections into law beyond employment, and prevent future administrations from rolling back anti-discrimination rules.The act would be particularly significant for LGBTQ+ residents in the 27 states that do not have anti-discrimination laws on the books for trans and queer people, where it is legal to deny them housing based on their identities.“Legislation like this is crucial for shifting the tides for trans folks, especially in red states,” said Aria Sa’id, the executive director of the Compton’s Transgender Cultural District, a community group in San Francisco. Trans people flee to California from other states where they have fewer rights or access to services, she said: “We’re coming from other places in the US where we are not safe. We come to San Francisco for refuge … We should be protected in the law no matter where we live.”The Equality Act fight comes amid unprecedented attacks on trans rights in the US and overseas. Republican lawmakers in at least 20 states are currently pushing local bills targeting trans people, backed by rightwing groups. Many of the bills seek to block trans-affirming healthcare or ban trans youth and adults from certain spaces, including by prohibiting them from using the correct bathroom or participating in sports teams that match their gender.Some extremist GOP members of Congress have supported those efforts and have been promoting misinformation and transphobic hate speech this week as the House debated the Equality Act.David B Cruz, a constitutional law professor at University of California, Los Angeles, said federal protections would, in effect, make it illegal for states to enforce discriminatory rules meant to exclude trans people. The Equality Act would also make it harder for the supreme court, which has become more conservative since last year’s ruling, to carve out trans rights in the next LGBTQ+ discrimination case it reviews, he said.Legislation like this is crucial for shifting the tides for trans folks, especially in red states“It would be a monumental achievement,” said Cruz. “It’s not always simple or easy for people to enforce their statutory rights, but even having a federal law that expressly protects those rights on the books, by itself will deter discrimination against LGBTQ+ people.” It would help disrupt “cycles of poverty, due to anti LGBTQ+ prejudice”, he added.Some Republican legislators are vocally opposing the act by citing concerns about religious freedoms. But Cruz noted that a super-majority of Americans in every state support anti-discrimination laws for LGBTQ+ people, including a majority of Republican voters.Khloe Rios-Wyatt, the president at Alianza Translatinx, a Latinx trans rights group in Orange county, California, said she faced discrimination for being trans when she was terminated from her first job out of college: “It can be traumatizing. You lose your income and then you’re facing potential homelessness.”She said she regularly talks to trans people who were denied housing even though they qualified: “You show up in person and they tell you it’s no longer available. It breaks my heart and it has to change.”Bamby Salcedo, the president of the TransLatin@ Coalition in Los Angeles, noted that 2020 was the deadliest year on record for violence against trans and gender non-conforming people, the majority people of color. While the Equality Act could make a difference for the broader LGBTQ+ community, it would not end discrimination for trans people, she said.“The reality is that even in California and places that are super progressive, trans people continue to experience discrimination while trying to obtain employment, housing, healthcare and the basic things we need to exist … There is still a lot of work that needs to be done.”There are at least nine LGBTQ+ members in the House and two in the Senate, and supporters in Congress spoke of their trans and queer family members while championing the bill. Polling released earlier this week confirmed that more Americans than ever before now identify as LGBTQ+. More

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      Trans doctor Rachel Levine faces historic Senate confirmation hearing

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      Dr Rachel Levine, a pediatrician and health official from Pennsylvania, faced a Senate confirmation hearing on Thursday as Joe Biden’s nominee for assistant health secretary. The process could see her become the first openly transgender federal official to be confirmed by the US Senate.If confirmed, Levine, 63, would make history and break several glass ceilings. In a country which still only has a handful of openly trans public officials, she would be the most high-profile, occupying a senior position in the Biden administration with major responsibilities in the pandemic response.Announcing her nomination last month, Biden said Levine would bring “steady leadership and essential expertise we need to get through this pandemic … She is a historic and deeply qualified choice to help lead our administration’s health efforts.”As the confirmation hearing got under way on Thursday Levine faced hostile questioning from some of the Republican members of the Senate. Rand Paul, senator from Kentucky, compared transgender surgery misleadingly to genital mutilation and accused Levine of supporting “surgical destruction of a minor’s genitalia”.Levine replied by saying that transgender medicine was very complex. “If I am fortunate enough to be confirmed, I will look forward to working with you and your office on the standards of care” in this field, she said.Paul was rebuked by the chair of the committee, Patty Murray, for his “harmful misrepresentations”.Levine is practiced in the art of negotiating confirmation hearings. She had to be confirmed by the Pennsylvania senate in 2015 for her first public role as physician general of the state.The following year she told the Washington Post that she succeeded in securing a unanimous confirmation vote after she sat down one-on-one with the state senators. “With very few exceptions my being transgender is not an issue,” she told the newspaper.Since the start of the pandemic she has led Pennsylvania’s effort to combat the health crisis as the state’s health secretary. In such a highly visible role she has been confronted by a rash of hostile and anti-trans mockery and abuse on social media and even at a public fair.Last July the governor of Pennsylvania, Tom Wolf, who brought Levine into public office, felt it necessary to put out a statement defending her against what he called “vile acts” and “relentless comments and slurs”. He said she was a “highly skilled, valued and capable member of my administration and transgender”.Biden’s nomination of Levine is one of several moves taken by the new administration to promote LGBTQ+ rights. Last month the president lifted Donald Trump’s ban on transgender people serving in the US military.Earlier this month Pete Buttigieg became the first openly gay person to be confirmed to a cabinet post as transportation secretary. More

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      Biden reverses Trump actions on green cards, architecture and 'anarchist jurisdictions'

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      Sign up for the Guardian’s First Thing newsletterJoe Biden has formally reversed a series of executive actions taken by Donald Trump, including a proclamation that blocked many green card applicants from entering the United States.Trump issued the ban last year, saying it was needed to protect US workers amid high unemployment due to the coronavirus pandemic. Biden rejected that reasoning in a proclamation rescinding the visa ban on Wednesday. The president said it had prevented families from reuniting in the United States and harmed US businesses.Other actions undone by the president included one that sought to cut funding from several cities Trump had deemed “lawless” and “anarchist jurisdictions”, and another mandating that federal buildings should be designed in a classical aesthetic.The reversals come as the new president seeks to press forward with his own agenda and undo key aspects of his predecessor’s legacy. Since taking office last month, Biden has revoked dozens of Trump orders and issued dozens more of his own.Immigrant advocates had pressed in recent weeks for him to lift the visa ban, which was set to expire on 31 March. Biden left in place another ban on most foreign temporary workers.Curtis Morrison, a California-based immigration attorney who represents people subject to the ban, said Biden will now have to tackle a growing backlog of applications that have been held up for months as the pandemic shut down most visa processing by the state department. The process could potentially take years, he said.“It’s a backlog that Trump created,” Morrison said. “He broke the immigration system.”The latest slate of revocations targeted a grab-bag of issues, including a few that Trump signed in his last months in office.Trump issued a memorandum in September that sought to identify municipal governments that permit “anarchy, violence and destruction in American cities.” The memorandum followed protests over George Floyd’s killing by Minneapolis police. The justice department identified New York City, Portland, Oregon, and Seattle as three cities that could have federal funding slashed.Those cities in turn filed a lawsuit to invalidate the designation, and fight off the Trump administration’s efforts to withhold federal dollars.Pete Holmes, the city attorney of Seattle, welcomed the Biden revocation, saying he was “glad to have this nonsense cleared from the decks”.Another reversed order included one issued by Trump in his waning days, which mandated federal buildings return to a more classical style of architecture. The memorandum added that architects should look to “America’s beloved landmark buildings” such as the White House, the US Capitol, the supreme court, the Department of the Treasury and the Lincoln Memorial for inspiration.Biden also revoked a 2018 order that called for agency heads across the government to review welfare programs – such as food stamps, Medicaid and housing aid – and strengthening work requirements for certain recipients. More

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      'Tired of getting slapped in the face': older Black farmers see little hope in Biden's agriculture pick

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      James “Bill” McGill has been a farmer for 40 of his 76 years. He can’t remember the year his 320-acre farm was put up for sale by the same man from the US Department of Agriculture (USDA) he’d gone to for a loan to help him keep it. He can sum up the loss succinctly: “The government took it away. It has always been that way for us.”His treatment by the USDA over the years, it turns out, has conditioned him to have an easier time raising 60 or so pigs for slaughter on property in Bakersfield, California, he inherited from his parents. “I don’t get attached to hardly nothing any more,” he said. “So much hard luck over the years as a farmer, you learn.”Most older Black farmers like McGill have stories of being disregarded by the USDA, regardless of the administration, or who holds the title of agriculture secretary. They’re disillusioned to the point that it seems wise not to get too invested in USDA affairs, smart not to hold out hope for change. McGill didn’t even know that Biden had nominated Tom Vilsack, who was confirmed by the Senate on Tuesday. “It doesn’t really mean a whole lot,” he said.A change of some sort would have come if Ohio congresswoman Marcia Fudge, a senior member of the House agriculture committee, was selected, as had been anticipated – she would have been the first Black woman to serve as agriculture secretary (she was instead selected to be secretary of housing and urban development). Vilsack, who has spent the time between his two stints as agriculture secretary in a high-paying job in big ag, is more of the “same ol’, same ol’”, as McGill put it. He served two terms in the same role in the Obama administration. Many of Biden’s cabinet picks have been praised by progressives; Vilsack’s nomination was met with confusion at best, disappointment and anger at worst.In what could be seen as a response to the backlash, Biden nominated Jewel Bronaugh, currently Virginia agriculture commissioner, as Vilsack’s second-in-command. If confirmed, she would be the first woman of color to serve as deputy secretary of the department.Black farmers peaked in number in 1920 when there were 949,889; today there are only 48,697; they account for only 1.4% of the country’s 3.4 million farmers (95% of US farmers are white) and own 0.52% of America’s farmland. The acreage they have managed to hold on to is a quarter the size of white farmers’ acreage, on average. All of this is the result of egregious discrimination from the USDA that Black farmers faced for decades.Vilsack’s first term should have offered some hope – he was appointed by the first Black president, who also oversaw the 2010 $1.25bn settlement of Pigford II, the second part of a 1999 class-action lawsuit that alleged that from 1981 to 1997, USDA officials ignored complaints brought to them by Black farmers, and that they were denied loans and other support because of rampant discrimination. Instead, a two-year investigation by reporters at the Counter found that during Vilsack’s eight-year tenure under Obama, fewer loans were given to Black farmers than during the Bush administration, and the USDA foreclosed on Black farmers who had discrimination complaints outstanding, despite a 2008 farm bill moratorium on this practice.Many of those complaints were left unresolved. The report states that from 2006 to 2016, Black farmers were six times as likely to be foreclosed on as white farmers.This disappointment is compounded by Vilsack’s kneejerk firing in 2010 of Shirley Sherrod, a longtime Black farmer advocate and civil rights activist who was serving as the Georgia state director of rural development for the USDA, when a deceptively edited clip that made her appear racist towards a white farmer was circulated by the rightwing propagandist Andrew Breitbart. Vilsack later apologized and offered her a different high-level USDA role, which she declined.About an hour east of Oklahoma City in Wewoka, George Roberts farms 500 acres with his two brothers. A third-generation farmer, he was pulling for Fudge. “She could have understood what we were up against, she’s walked in our shoes. Pretty sure Vilsack never has,” he said.Roberts is familiar with why many Black farmers call the USDA the “last plantation”.“Because we are still answering to ‘boss’. Can we do this, can we do that? They still have their hand over us, saying: no, you can’t.”His father tried a few times for USDA loans, but “he didn’t have much luck,” Roberts said. “You get tired of getting slapped in the face. Hate beggin’. The more you beg the worse they treat you.”Roberts got a USDA loan of about $80,000 in 1982 – “That was rare especially back then. I was one of very few,” he said, referring to the chances of a Black farmer getting a loan. Today, instead of “going through all that red tape” and facing disappointment, he has set up a GoFundMe to hire labor for work he and his brothers, now each in their 60s, can no longer do. Meanwhile, they’ll keep farming one way or another, “because land is something they don’t make any more”, he said.Older Black farmers who mentored Thelonius Cook when he was just starting to farm in 2015 cautioned him against expecting any government help.“They told me don’t waste your time. And I get it,” he said of the older generation’s disillusionment. Still, Cook utilized USDA grant programs to help him purchase high tunnels and hoop houses, among other essentials, for his 7.5-acre plot of land in Virginia.“The younger generation is more willing to seek out what is available. I’ll take my reparations any way I can,” he said. “It’s never going to be enough. Aside from giving us land after so much was taken. That’s the ultimate goal. That’s how we can balance that deficit.”Karen Washington, who co-founded Rise & Root Farm in Chester, New York, six years ago, also understands the disappointment experienced by previous generations. “Older Black farmers have been hurt,” she said. “They’re throwing their hands up and saying, they’ve never done anything for us in the past, why would the Biden administration change anything?”But she said it was important to hold Vilsack accountable; she suggested he start by making amends with Sherrod, whose firing Washington said she felt personally betrayed by. “He needs to offer her a position,” she said. “Then, sit down with Black leaders to hammer what they want, not just what they need – which is capital for machinery, land, money to expand their operations,” she said. “Then put the resources and money – I mean millions – behind that.”In a prepared statement to the Senate agriculture committee, Vilsack wrote he would “take bold action” to address discrimination across USDA agencies and root out systemic racism, but failed to say how, nor was he pressed on it by any member of the committee during his hearing on Tuesday.Vilsack said in his opening remarks: “It’s a different time, and I’m a different person.” A new set of eyes will be watching for proof.“The younger generation of Black and brown farmers may have to carry the elders here,” Washington said. “Our numbers may be small, but our voices can be huge.” More

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      Deb Haaland faces hostile Republican questioning in confirmation hearing

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      Deb Haaland, seeking to make history as the first Native American to hold a cabinet secretary position in the US, has weathered a torrent of hostile questioning from Republicans during her confirmation hearing as secretary of the interior.In a striking opening statement, Haaland, a member of Congress for New Mexico, said: “The historic nature of my confirmation is not lost on me, but I will say that it is not about me,” adding that she hoped her elevation would “be an inspiration for Americans, moving forward together as one nation and creating opportunities for all of us”.A Laguna Pueblo member, Haaland, 60, said she had learned about her culture from her grandmother’s cooking and participating in traditional ceremonies, and had learned about the importance of protecting the environment from her grandfather. Haaland said “our climate challenge must be addressed” but conceded that fossil fuels would play a role in the US for “years to come”.Haaland is considered a progressive on the climate crisis and has spoken out on the impact of fossil fuel development upon the environment and Native American tribes, positions that Senate Republicans were keen to attack during a sometimes contentious confirmation hearing.John Barrasso, a Wyoming Republican, criticized Haaland for a tweet from October 2020 in which she stated that “Republicans don’t believe in science”. Barrasso, who has incorrectly said the role of human activity in climate change is “not known” and that ambitious climate action in the form of the Green New Deal would mean “cheeseburgers and milkshakes would become a thing of the past”, said the tweet was “concerning to those of us who have gone through training, believe in science, and yet with a broad brush, we’re all disbelievers”.Haaland responded to Barrasso, a surgeon, saying: “If you’re a doctor, I would assume that you believe in science”. Scientists have repeatedly said that the US, and the rest of the world, needs to rapidly reduce planet-heating emissions from fossil fuels in order to prevent disastrous heatwaves, flooding and societal unrest associated with runaway climate change.The early exchange set the tone for more than two hours of questioning where Republicans repeatedly assailed Joe Biden’s decision to pause oil and gas drilling on federal lands as calamitous for jobs. As interior secretary, Haaland would oversee the management of lands that make up nearly a third of America’s landmass, including tribal lands.At times the questions were extremely pointed, with Bill Cassidy, a Louisiana Republican, asking Haaland: “Will your administration be guided by a prejudice against fossil fuel, or will it be guided by science?” Importantly for the chances for Haaland’s nomination, Joe Manchin, a Democrat who represents the coal heartland of West Virginia, said that he wanted to see the “evolution, not elimination” of coal mining.Haaland said: “We want to move forward with clean energy, we want to get to net zero carbon” but also struck a conciliatory note with her questioners. The nominee said that changes to energy use “are not going to happen overnight” and that she looked forward to working with the senators. At one point when Steve Daines, a Montana Republican, asked why she supported a bill protecting grizzly bears, Haaland responded: “Senator, I believe I was caring about the bears.”Haaland had to repeatedly correct Republicans who said Biden had scrapped, rather than paused, oil and gas leases but acknowledged her role as a progressive champion would have to change somewhat if she were confirmed. “If I’m confirmed as secretary, that is far different role than a congresswoman representing one small district in my state,” she said. “So I understand that role, it’s to serve all Americans, not just my one district in New Mexico. I realize being cabinet is very different; I recognize there is a difference in those two roles.”During later questioning, Haaland raised the disproportionate impact of the Covid-19 pandemic upon Native Americans and raised concerns over tribes such as the Navajo being subjected to polluted water. In a response to a question from the Vermont senator Bernie Sanders about the opening up of an area sacred to native Americans in Arizona to mining, Haaland said she would “make sure that the voice of the tribal nation is heard on the issue”.Haaland’s nomination has been vigorously supported by environmental and Native American groups as a landmark moment to confront the climate crisis while addressing widespread inequities experienced by tribes.Bernadette Demientieff, executive director of the steering committee for the Gwich’in people in Alaska, called Haaland a “visionary leader who knows we must protect places sacred to the American people like the Arctic national wildlife refuge.“Our way of life, our survival is interconnected to the land, water and animals. Today we honor the woman set to be the first Native American in history to fill a presidential cabinet position, and look forward to working with her to ensure that indigenous voices are heard and our human rights respected.”Nick Tilsen, president and CEO of the NDN Collective, a grassroots indigenous organization, said: “Today we watched Senator Daines mansplain and whitesplain to the Honorable Deb Haaland about public lands and the impacts of poverty – issues he knows nothing about and that Haaland has actual lived and professional experience addressing. These microaggressions and racism on full display only further solidified the need for strong Indigenous Women’s leadership in the highest places of government.” More

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      AOC criticizes Manchin over apparent targeting of Biden’s nominees of color

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      Alexandria Ocasio-Cortez has stepped into the intensifying dispute around the treatment of women and people of color nominated to top jobs in the Biden administration, as the confirmation process in the US Senate begins to sour.The leftwing Democratic congresswoman waded into the debate amid growing concerns in progressive circles that Joe Biden’s nominees from minority backgrounds are being singled out for especially harsh scrutiny.Several women of color are facing daunting hurdles to confirmation with Republicans withholding backing and the Democratic majority in the Senate imperiled by the opposition of the conservative Democrat, Joe Manchin.The senator from West Virginia announced on Friday he would oppose the candidacy of Neera Tanden to become the first Asian American woman to fill the post of budget director. On Monday he also indicated that he was having doubts about Deb Haaland, who would become the first Native woman to take a cabinet seat.With the Senate evenly divided at 50-50 seats, Manchin’s no vote can only be overturned if moderate Republicans can be found willing to back the nominees. So far, however, such cross-aisle support has been hard to find, with Susan Collins of Maine, Mitt Romney of Utah and Rob Portman of Ohio all expressing likely opposition to Tanden.In a tweet on Monday, Ocasio-Cortez turned the spotlight onto the record of Manchin himself. She pointed out that the Democratic senator had voted to confirm Jeff Sessions as Donald Trump’s first attorney general despite the fact that the former senator from Alabama was dogged with accusations of racism throughout his career.“Jeff Sessions was so openly racist that even Reagan couldn’t appoint him,” Ocasio-Cortez said, adding that as attorney general, Sessions went on to preside over the brutal family separation policy at the US border with Mexico.“Yet the first Native woman to be Cabinet Sec is where Manchin finds unease?” she posted.The apparent targeting of Biden’s nominees of color has started to generate mounting frustration and anger. Judy Chu, a Democratic congresswoman who leads the Congressional Asian Pacific American caucus, told Politico that “there’s a double standard going on” in the treatment of Tanden whose prospects of leading the Office of Management and Budget are now dwindling.The president of the NAACP, Derrick Johnson, told Politico that the outcome of the confirmation votes would make clear “whether or not those individuals who are women or people of color are receiving a different level of scrutiny. I hope we will course-correct, quickly, and not allow that to be a legacy of the Senate”.The sense of unequal treatment has been heightened by the heavy focus by Manchin and others on Tanden’s Twitter feed. In her current role as president of the left-leaning Center for American Progress, she frequently posted spiky and direct tweets without mincing her words, more than 1,000 of which she has since deleted.Tanden notably called Collins, one of the Republican senators who has declined to come to her rescue, “the worst”.Yet Manchin was content to confirm some of Trump’s nominees with highly controversial social media histories, while Trump himself made many racist and sexist tweets and is now permanently suspended from Twitter.“We can disagree with her tweets, but in the past, Trump nominees that they’ve confirmed and supported had much more serious issues and conflicts than just something that was written on Twitter,” the Democratic congresswoman Grace Meng told Politico. More