PROTECTION FOR NON-CONFORMING:

The U.S. Department of Education (ED) on Tuesday released guidelines to clarify for schools receiving federal aid that Title IX of the Civil Rights Act’s prohibition against sex discrimination “extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.” The DOE’s guidance makes clear that its Office of Civil Rights “accepts such complaints for investigation.” The guidance requires school officials to “investigate and resolve allegations of sexual violence regarding LGBT students using the same procedures and standards that it uses in all complaints involving sexual violence.” National Gay and Lesbian Task Force Executive Director Rea Carey called it a “giant leap forward” toward “staggering rates of discrimination” against students who are transgender or non-conforming to gender role expectations.

NGLTF LEADER ARRESTED AT RALLY:

NGLTF Executive Director Rea Carey was one of 27 people arrested for blocking an intersection on Capitol Hill Wednesday in a protest against the refusal of the Republican-led U.S. House to take up an immigration reform bill. The Fair Immigration Reform Movement organized the protest. NGLTF estimates that more than 250,000 of the nation’s estimated 11 million undocumented immigrants are LGBT.

FOCUS ON ASYLUM:

Immigration Equality held a press conference in front of the White House Tuesday afternoon to urge President Obama to provide relief to LGBT people seeking asylum in the United States. The group says it has more than 300 clients in need of asylum. According to the organization’s website, persecution based on sexual orientation, gender identity, and HIV status can be a basis for the Bureau of Immigration Appeals to grant asylum.

NEW OHIO LAWSUIT:

Ohio civil rights attorney Al Gerhardstein has filed another lawsuit in federal court in Cincinnati seeking to strike down that state’s ban against issuing marriage licenses to same-sex couples. The lawsuit filed Wednesday, Gibson v. Himes, is being brought on behalf of six same-sex couples. Earlier this month, another Gerhardstein lawsuit won a ruling from a federal district court judge in Cincinnati to recognize the out-of-state marriages of four same-sex couples and put the names of both parents on the birth certificates of their children. That case is now on appeal to the Sixth Circuit.

COLORADO POLLS RISING?

A poll by Quinnipiac University of 1,298 registered voters this month found a whopping 61 percent support allowing same-sex couples to marry. Last December, Public Policy Polling surveyed 928 Colorado voters and found only 48 percent said they would support allowing same-sex couples to marry. The December poll, however, gave voters a choice of allowing gays to marry or have civil unions. Thirty-two percent were OK with civil unions. In terms of voters opposed, 18 percent said that in December there should be “no” legal recognition of same-sex relationships, 32 percent said they “oppose” allowing them to marry.

MARYLAND BALLOT BATTLE BREWING:

A Republican-led group announced Tuesday that it will seek a referendum this November on a bill passed by the Maryland legislature to prohibit discrimination based on gender identity. The governor has not yet signed the bill, the Fairness for All Marylanders Act, but is expected to. The group, MDPetitions.com, is referring to the measure as “The Bathroom Bill,” a moniker frequently used by opponents of gender equality to stir fears that the non-discrimination law will enable men to enter women’s restrooms to harass or attack them.” The group must first collect 55,736 signatures by June 30, including one-third of those by May 31.