Obama names Medal of Freedom recipients, including Harvey Milk …

President Obama, attempting to spotlight those who have acted as “agents of change,” today announced that he will bestow the Presidential Medal of Freedom, the country’s highest civilian honor, on a cast of living and deceased figures widely known in politics, the arts and sciences, sports and social movements.

The 16 honorees named by the White House today include Harvey Milk, the San Francisco city supervisor who led an early movement for gay rights in public life and was assassinated. They include the late Republican Congressman Jack Kemp, a football legend as well, and the ailing Democratic Sen. Edward M. Kennedy of Massachusetts.

The president’s choices, who will be honored at a White House ceremony Aug. 12, include American civil-rights activist the Rev. Joseph Lowery and South African freedom fighter Desmond Tutu. They include a pioneer in sports for women, tennis star Billie Jean King, and the first woman on the Supreme Court, retired Justice Sandra Day O’Connor.

They include actor Sidney Poitier and singer Chita Rivera.
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Obama names Medal of Freedom recipients, including Harvey Milk …

Los Angeles Times 

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Humpday Isn’t Really About Gay Sex

Lynn Shelton’s Humpday, a sexual sitcom, opens with a pair of breeders in bed. A youngish married couple, Ben (mumblecordeon Mark Duplass) and Anna (Alycia Delmore), confess they’re too tired to procreate that night and then confess their mutual relief. As if in response, the doorbell rings at 2 a.m. and Ben’s long-lost college buddy, Andrew (Blair Witch Project survivor Joshua Leonard), stumbles in from deepest Mexico. Anna, who has never had the pleasure, watches the unexpected bromantic action with grim incredulity. Aggressively loud, demonstrative, and hairy, Andrew is a credible representation of Ben’s id.

Reuniting an uptight married man with a footloose old pal, Shelton’s third feature offers a (much) more extreme version of Kelly Reichardt’s Old Joy, also a sort of buddy movie, also shot in the Pacific Northwest. In this case, the lost weekend is steeped in sexual anxiety. Friday night, Ben has to retrieve merry Andrew from a house called “Dionysus” — home to a bi cutie (the director herself) and an omnisexual assortment of roisterers. No orgies, but plenty of stoned dancing. Anna, who has prepared her signature pork chop dinner, sits home alone. She stews; Ben gets stewed. Prompted by news of an amateur porn festival — sponsored by a local alt-weekly — Ben finds himself proposing to costar with showoff Andrew in a mad art project, dude-on-dude action, totally straight, yet somewhere “beyond gay.” Maybe they’ll be famous. The only problem: Just who is going to bone whom?

Having thus invested its protagonists in a game of “chicken,” played to justify their respective life choices, Humpday delivers some excellent situation comedy. The scene where Andrew and Anna have a get-acquainted drink and Andrew inadvertently exposes Ben’s boastful lie that his wife has signed off on their “project” is pure Honeymooners. (Bang, zoom, straight to the moon!) Ben can’t tell Anna why he wants to have sex with Andrew, only that it’s very, very important to him. And, terrified that Ben might think he really did have a yen, Andrew can only sigh, “I wish I was more gay.” Of course. Just as Brüno is more of a comment on celebrity culture than the love (or hate) that dare not speak its name, Humpday is actually less a queer comedy than a satiric view of macho. Appreciative as Shelton may be of her dudes, she has another agenda. Each in his own way, the guys have been freaked by a manifestation of assertive female sexuality — although the term “pussy-whipped” is never used.

See Humpday Isn’t Really About Gay Sex

Miami New Times

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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’

Pentagon Studies Ways to Relax Enforcement as First Step; Impact on Troops Would be Minimal

SANTA BARBARA, Calif. — In the wake of yesterday’s unexpected Pentagon announcement about gays in the military, experts say the “don’t ask, don’t tell” policy may be on the brink of irreversible change that would speed up its demise. After speaking with President Obama last week, Defense Secretary Robert Gates has asked military lawyers to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The President Monday reiterated his intention to end discrimination against gay troops, saying he is working with Congress and the military to do so.

Christopher Neff, political director of the Palm Center, said the remarks by Secretary Gates marked the first time the Defense Secretary has made clear that the Pentagon is onboard with the President’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that hasn’t been penetrated for fifteen years,” Neff said. “This is a crack in humpty dumpty, and it gets the ball rolling for a political solution since it gives cover to lawmakers who have been waiting for a nod from the Pentagon.”

Neff said that even a small change in how “don’t ask, don’t tell” is enforced could represent a seismic political shift, even if it does not have a substantial operational impact on most gay troops, who would still be subject to discharge. If the military stops applying certain provisions of the policy, as Gates says it is considering, it would send a signal to Congress about the inevitability of change. “That’s why executive action is the key to unlocking the political stalemate,” said Neff. “Even the statements themselves, although they do await follow-up action, have changed the political landscape.”
 
Last month, the Palm Center published a report which outlined several legal and political rationales for executive branch discretion in regulating, and even halting, discharges provided for by federal statute. One of those rationales is closely linked to the new review announced by Secretary Gates. According to the Palm Center study, “the ‘don’t ask, don’t tell’ policy itself, as codified by Congress, also grants authority to the Department of Defense to determine the procedures under which investigations, separation proceedings, and other personnel actions under the authority of 10 U.S.C. Section 654 will be carried out … The Secretary of Defense has discretion to determine the specific manner in which ‘don’t ask, don’t tell’ will be implemented.” Prior to the release of the Palm Center’s report, most observers had assumed that only Congress or the federal courts end the firings of gay troops.
 
Amidst mounting public pressure, White House press secretary Robert Gibbs said this week that he thought “don’t ask, don’t tell” would be repealed by the end of the President’s first term. Nathaniel Frank, senior research fellow at the Palm Center, said this week’s developments were politically significant. “Serious discussions have been launched by the President himself,” said Frank. “Obama has said this is a failed policy that harms national security, so these measures are not just fixes, but may be the beginning of the end.” Frank added that any regulatory changes that fall short of halting all discharges will be “window-dressing,” but he focused on the implications for further political change. “This means the hot potato party may finally be over, as the President understands where the buck stops.”
 
In the wake of this week’s developments, the Palm Center announced that it is preparing a more extensive legal analysis of administrative options for relaxing the application of certain provisions of “don’t ask, don’t tell.” Neff said that the Defense Department should invite public input as the rules are re-drafted, which would be consistent with past processes when military regulations have been
changed. “This review should be no different,” he said.
 
Organizations and individuals who have endorsed or endorsed consideration of the use of executive action based on the legal theories outlined in the Palm Center’s study include Secretary Gates, 77 members of Congress, the New York Times editorial page, Center for American Progress, Human Rights Campaign, Servicemembers Legal Defense Network, Hendrik Hertzberg of the New Yorker, the political consultant Robert Shrum, and former White House aide Richard Socarides.
 
The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

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Senator Harry Reid Says Obama Should Sign Order on Gay Troops, SLDN Also Joins Call for Executive Option

SANTA BARBARA, CA — Senate Majority Leader Harry Reid has called on President Obama to sign an executive order suspending the “don’t ask, don’t tell” policy, according to the Advocate magazine.

Referring to the repeal of the ban, Reid told Advocate reporter Kerry Eleveld that, “My hope is that it can be done administratively.” Eleveld added that, “A Democratic aide later clarified that Reid was speaking about the possibility of using an executive order to suspend discharges or perhaps halting enforcement of the policy by changing departmental regulations within the Department of Defense.”

As well, the Servicemembers Legal Defense Network (SLDN) has called on President Obama to sign an executive order. In a letter to the New York Times yesterday, SLDN Executive Director Aubrey Sarvis wrote that, “President Obama should consider all viable options he can take on his own to get rid of this discriminatory law, including issuing a ‘stop-loss’ order.” For more than a decade, SLDN has been the largest and most influential group in the country working on the “don’t ask, don’t tell” policy.

The idea of ending the ban by executive order gained momentum after the release last month of a Palm Center study showing that the president has the authority to suspend “don’t ask, don’t tell” via a stroke of the pen. Before that time, many argued that only Congress or the courts could lift the ban on service by openly gay troops.

Others calling for the President to sign an executive order include the New York Times editorial page, the Human Rights Campaign, Knights Out, an organization of gay and lesbian alumni of the U.S. Military Academy at West Point, Los Angeles Gay and Lesbian Center CEO Lorri Jean, and former Clinton White House official Richard Socarides.

Palm Center Director Aaron Belkin said that awareness of the executive option has changed the conversation about “don’t ask, don’t tell” substantially. “Obama used to duck the issue by blaming Congress for the inertia. Now it’s clear that he has unilateral authority to fulfill his campaign promise.”

The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

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The Church and Gay Marriage: Are Mormons Misunderstood?

Last November, Jay Pimentel began hearing that people in his neighborhood were receiving letters about him. Pimentel lives in Alameda, Calif., a small, liberal-leaning community hanging off Oakland into the San Francisco Bay. Pimentel, who is a Mormon, had supported Proposition 8, the ballot initiative banning same-sex marriage. And that made him a target. “Dear Neighbor,” the letter began, “Our neighbors, Colleen and Jay Pimentel” — and it gave their address — “contributed $1,500.00 to the Yes on Proposition 8 campaign. NEIGHBORS SHOULD BE AWARE OF THEIR NEIGHBORS’ CHOICES.” The note accused the Pimentels of “obsessing about same-sex marriage.” It listed a variety of local causes that recipients should support — “unlike the Pimentels.”

Pimentel, a lawyer and a lay leader in the small Mormon congregation in Alameda, is markedly even-keeled. Yet the poison-pen note still steams him, even though in May the California Supreme Court validated Prop 8 as constitutional. He is bothered less by the revelation of his monetary contribution, which he stands by, than the fact that the letter’s author didn’t bother to find out that every other Saturday for 15 years, he or someone else from Alameda’s 184-member Mormon ward has delivered a truckload of hot meals to the Midway Shelter for Abused and Homeless Women and Children — one of the organizations the Pimentels allegedly wouldn’t support. “The church does a lot of things in the community we don’t issue press releases about,” he says. “And when people criticize us, we often just take it on the chin. I guess you could say I’m not satisfied with the way we’re seen.”

Across the country, that’s the dilemma facing the Church of Jesus Christ of Latter-day Saints. With 13 million members worldwide (by its own count), the LDS is the fourth largest church in the country, the richest per capita and one of the fastest-growing abroad. The body has become a mainstream force, counting among its flock political heavyweights like former Republican presidential candidate Mitt Romney and Democratic Senate majority leader Harry Reid, businesspeople like the Marriotts and entertainers like Glenn Beck and Twilight novelist Stephenie Meyer. The passage of Prop 8 was the church’s latest display of its power: individual Mormons contributed half of the proposition’s $40 million war chest despite constituting only 2% of California’s population. LDS spokesman Michael Otterson says, “This is a moment of emergence.”

See The Church and Gay Marriage: Are Mormons Misunderstood?

TIME

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New Study Says Obama Can Halt Gay Discharges With Executive Order

Military Law Experts Chart Course to End 16-Year Ban

SANTA BARBARA, Calif. — A study released today by a team of military law experts shows that the president has the legal authority to end gay discharges with a single order. The idea of ending the ban by executive order has gained momentum in the wake of news that mission-critical personnel, including Arabic language speaker Dan Choi, continue to be fired under the Obama administration because they’re gay. Congressman Rush Holt endorsed an executive order to end the ban on Saturday and National Security Adviser James Jones was asked about it by George Stephanopoulos on Sunday morning. The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” is sponsored by the Palm Center at the University of California, Santa Barbara.

Many have argued that only Congress can lift the ban on service by openly gay troops. But according to the study, Congressional approval is not needed. Dr. Aaron Belkin, Director of the Palm Center and a study co-author, said “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House. This study provides a recipe for breaking through the political deadlock, as well as a roadmap for military leaders once the civilians give the green light.”

There are three legal bases to the president’s authority, the report says. First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under 10 U.S.C. 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.” Under the law, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”

The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.” Finally, the law calls for the discharge of service members if a finding of homosexuality is made, but it does not require that such a finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”

Diane H. Mazur, Professor of Law at the University of Florida College of Law and another study co-author, said the presidential authority to stop firing gay troops, known as “stop-loss,” is different from the highly unpopular stop-loss policy that the Army recently announced it would phase out. “That use of stop-loss forcibly extends service by those who wish to leave the military,” she said, “whereas suspending discharges for homosexuality would do the opposite: allow ongoing service by those who wish to remain in uniform.” The study says the provisions of the stop-loss law, which are granted by Congress, are “sensible because they give the President authority to suspend laws relating to separation when a national emergency has strained personnel requirements.”

The other four authors of the study in addition to Mazur and Belkin are Dr. Nathaniel Frank, a Palm researcher and author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America”; Dr. Gregory M. Herek, Professor of Psychology at the University of California, Davis; Dr. Elizabeth L. Hillman, Professor of Law at the University of California Hastings College of the Law; and Bridget J. Wilson, who practices law at Rosenstein Wilson & Dean in San Diego. The report will also be published in a forthcoming book, “Department of Defense Social Policy Perspectives 2010,” edited by James Parco, David Levy and Fred Blass.

The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu * Tags = gay men gay news lesbian news transgender bisexual

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“TEST ME / for hiv” challenges assumptions about HIV risk in the Asian and Pacific Islander Communities

Asian & Pacific Islander Coalition on HIV/AIDS, Inc. (APICHA) will announce the launch of “TEST ME / for hiv”, a historic effort to address a major discrepancy and public health problem – very limited access to HIV testing and increasing infection rates in the Asian and Pacific Islander (A&PI) communities.

On May 19 2009, A&PI HIV/AIDS Awareness Day, APICHA will be joined by elected officials and community leaders on the steps of City Hall to launch the campaign and urge the public to take control. May is also Asian Heritage month.

Currently, A&PIs are the only racial/ethnic group in New York that have not experienced a decline in the number of new HIV diagnoses, but only six percent (6%) of A&PI New Yorkers report that their doctor recommended an HIV test. This presents a major public health concern that could have a far-reaching impact.

 
“‘Do you want an HIV test today?”’ That question can be all it takes for a doctor to begin a conversation about their patient’s risk for HIV,” said Robert Murayama, APICHA’s Chief Medical Officer. “Doctors almost never pose that question to their Asian and Pacific Islander patients because they assume the patient won’t need it. The patient leaves the doctor’s office not knowing their status; this can lead to harm to the patient and extreme risk for their partner(s). This is a public health concern. Doctors have an obligation to ask that question without regard to culture or ethnicity.”

APICHA has identified limited access to HIV testing as a critical unmet need that requires the attention of doctors and the community. Often, doctors have preconceived assumptions about the sexual risk factors and lifestyle choices of A&PIs based on the stereotype of Asians as “the model minority.” APICHA seeks to change attitudes among doctors by encouraging A&PIs to begin the conversation in an effort to address this major public health problem.

 
Patients, who depend on their doctors to advise them about what they should be screened for, are left with an incomplete profile of their health and in possible danger. This year, a Chinese woman, living with AIDS, was finally diagnosed with the disease after she sought services at APICHA. Infected with HIV and stricken by an HIV related illness, she went from local doctor to doctor without a diagnosis, much less a recommendation for an HIV test. During this delay in getting the right treatment, HIV had weakened her system to the point where she developed an opportunistic infection, which could have been prevented with appropriate diagnosis and treatment.

The heart of the campaign will be a coordinated effort to have volunteers visit their doctor’s office wearing a tee shirt that reads “TEST ME / for hiv”. The action is meant to initiate conversation and create an opportunity to educate doctors about the discrepancy.

APICHA hopes that the earned media in both mainstream and ethnic press and work with religious and community leaders will expand the discussion about HIV in various A&PI communities. The campaign will also disseminate information about the issue, and educate A&PI community members about obtaining an HIV test.

 
“Our hope is that the doctors will come around, but until that time comes I call on every A&PI person to demand a test. APICHA is here to teach you what you should ask for and help empower you to take control of your health, but it’s up to you to take that step and say ‘test me for HIV’, “said Therese R. Rodriguez, APICHA’s Executive Director. “If you have not discussed HIV with your doctor, you do not have a complete picture of your health. You need to ask the question so that you can have the peace of mind that a complete health exam gives.”

APICHA’s mission is to combat HIV/AIDS stigma and related discrimination, to prevent the spread of the HIV/AIDS pandemic in Asian & Pacific Islander communities, and to provide care and treatment for Asian & Pacific Islanders living with HIV/AIDS and their families. The organization was founded twenty years ago and remains the only Pan-Asian HIV/AIDS organization devoted to working with A&PI communities in New York City.

“I applaud APICHA for empowering Asian and Pacific Islanders to take control of their health,” said Dr. Monica Sweeney Assistant Commissioner of the New York City Health Department’s Bureau of HIV/AIDS Prevention and Control. “As long as there are people out there who are unaware of their HIV status, there is a great risk of transmission. If you do not know your status, you cannot access the care you need and you can unknowingly spread the virus to others. Everybody needs to know their status.”

APICHA’s Chief Medical officer and Executive Director will brief the media about the issue and the campaign at the May 19 press conference and can be made available for interview prior to the announced. Mayor Michael Bloomberg, Governor David Patterson and other elected offices have been invited to attend the press conference.

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White House Sets Record Straight on Gay Ban

SANTA BARBARA, Calif — The following was released today by the Michael D. Palm Center:

Asked today if the White House would consider halting gay discharges by presidential authority, press secretary Robert Gibbs said it would not stop the firing of gay troops. That said, Gibbs insisted that the President believes that the “don’t ask, don’t tell” policy “isn’t working for our national interests” and that he “will work with the Joints Chiefs of Staff, the administration and with Congress” to change the policy.

In recent weeks, the President’s national security team has sent mixed messages. Defense Secretary Robert Gates spoke of what action would occur “if” the policy were repealed, suggesting it may not be; and national security advisor James Jones said this weekend he was not sure if the ban would be lifted.

Scholars said that Gibbs’ comments today indicate new leadership from the White House in reassuring the public that “don’t ask, don’t tell” will be repealed. Nathaniel Frank, senior research fellow at the Palm Center, said that “today’s remarks appear to send a signal to any member of the administration who questions the President’s resolve.”

At the same time, Gibbs’ statement raised questions by gay rights experts about why President Obama, who continues to say he wants the ban terminated, would preside over ongoing discharges when he has authority to end them by executive order. The Palm Center yesterday released a report by a team of scholars and legal experts showing that the president has statutory authority to halt discharges immediately.

Richard Socarides, who worked in the Clinton administration as special assistant to the president on LGBT issues, said that the current president should exercise the short-term options he has to end the ban. “I have long supported and advocated a moratorium on further discharges,” he said today, “and I think it’s well within the president’s discretionary authority to do that immediately.” Socarides said an executive order halting discharges would be consistent with Obama’s stated belief that the policy should end.

The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

Website: http://www.palmcenter.ucsb.edu
Website: http://www.palmcenter.org

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Same-sex marriage is all up to Gov. Lynch in New Hampshire

Gov. John Lynch is facing “a vote of conscience” on whether to allow gay marriage in New Hampshire.
That’s the assessment of Andy Smith, director of the University of New Hampshire Survey Center, who said he does not believe the popular governor will be hurt politically no matter what his decision.
The House passed the gay marriage bill Wednesday, paving the way for it to land on Lynch’s desk. He has three choices facing him: He can veto the bill, sign it or allow it to become law without his signature.
He has stated publicly he believes the state’s civil union law passed in 2007 provides all the legality needed for gay couples and he doesn’t personally support gay marriage. He has also said he has not made up his mind as governor how he will come down on the issue.
No matter what his decision, said Smith, he’ll be just fine.
“He’s not in a position where it matters to him electorally. He’s got a 70-percent approval rating. He can say whatever. He’s got his own independent political machine that’s outside the Democratic party,” he said. “If he signs it, the Republicans will gripe, but they have never been able to field a credible candidate against him. If he vetoes it, the Democrats are still going to vote for him (in 2010).”
Smith said the votes in the House and the Senate — 178-167 and 13-11, respectively — are not dissimilar to state residents’ feeling on the issue. In the most recent poll conducted by the center, 55 percent favored gay marriage and 39 opposed it. The latter number has trended down slightly since the center started polling several years ago, he said. Initially, 42 percent were in opposition. See Same-sex marriage is all up to lynch
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When a staffer switches genders

Tony Ferraiolo will never forget his first day back at work after surgery. The 46-year-old supervisor’s knees trembled as he entered the windowless headquarters of Madison Co., a switch and sensor manufacturer in Branford, Conn.

Under the curious gaze of his colleagues, Ferraiolo crossed the plant floor and settled into his office. A few minutes later, Madison owner and president Steve Schickler walked in and sat down. “So you’re a ‘he’ now, right?” Schickler asked. Ferraiolo nodded. “Good enough,” Schickler said briskly. “I’ll let the managers know.”

For Schickler, 50, there was no question about what would happen next. Ferraiolo would continue to supervise more than half of the plant’s 50 employees. Life would go on as before, with one small difference: Ferraiolo would no longer use the ladies’ room.

Schickler describes his decision to support the transgender employee formerly known as Ann Ferraiolo through the transition as a no-brainer.

“If you start limiting your choices in staff based on this kind of thing, you’re cutting yourself off from a lot of good people,” he says. “We could have lost a valuable manufacturing supervisor – it was as simple as that.” See When a staffer switches genders @ CNN

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