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Los Angeles, San Francisco Counties Break COVID-19 Records

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The first shipment of COVID-19 vaccine has arrived in Los Angeles County, which again broke a record for coronavirus hospitalizations this weekend as San Francisco County reported its highest number of COVID-19 cases since the pandemic began.

Statewide, more than 30,000 confirmed coronavirus cases were reported Sunday, making California’s total at 1,551,766. Millions of Californians in the majority of the state are under stay-at-home orders.

In Los Angeles County, the nation’s most populous, more than 4,000 people were hospitalized for COVID-19, according to figures released Sunday afternoon. More than one-fifth of hospitalized patients are in intensive care units.

The county’s new figures break the previous record set only the day before, with 3,850 patients in a hospital, and follows the trend of hospitalizations increasing nearly every day since Nov. 1.

LA County Health Director Barbara Ferrer warned on Monday — when hospitalizations were 2,988 — that the county could see the statistic to climb to 4,000 within two weeks. It happened in six days.

In San Francisco County, health officials reported 323 new cases on Saturday, the highest number of new coronavirus infections there yet. San Francisco emerged as a leader in the state’s response to the pandemic early on but has since moved to battling its own cases.

The record-breaking figures in Los Angeles and San Francisco counties come as more than 325,000 doses of a COVID-19 vaccine are on the way to California.

The first shipments of the Pfizer vaccine left Michigan early Sunday for 145 distribution centers nationwide. States will get vaccines based on their adult population and additional shipments are coming this week.

The vaccine is heading to hospitals and other sites across the country that can store it at extremely low temperatures — about 94 degrees below zero. Pfizer is using containers with dry ice and GPS-enabled sensors to ensure each shipment stays colder than the weather in Antarctica.

In California, counties will have specific allotments that will be distributed to hospitals determined by state health officials to have adequate storage capacity, serve a high-risk health care population and have the ability to vaccinate people quickly. Priority will be to inoculate health care workers on the front lines of a pandemic that has infected more than 16 million people and claimed nearly 298,000 lives in the U.S. alone.

Represented in those U.S. deaths include a disproportionate number of people of color.

In Santa Clara County in Northern California, volunteers have begun a door-to-door coronavirus testing pilot program in a majority Latino community that has become a virus hot spot. Officials started handing out self-testing kits in the East San Jose neighborhood of Silicon Valley’s San Jose last week, where 55% of the population is Latino and officials say many residents cannot easily access testing sites.

But for many, the vaccines are still out of reach. The priority will be for health care workers to be inoculated first.

Gov. Gavin Newsom tweeted that a group of medical experts convened by Western states met Saturday to discuss the vaccine and confirm that it is safe for public use. Newsom said distribution could begin as early as Sunday.

Medical facilities at military bases in Alameda and San Diego will be among the first sites to receive vaccines, the U.S. Department of Defense announced earlier this month.

The vaccines are coming as the situation grows more dire by the day nationwide and in California, with the holiday season well underway. Public health officials are afraid the already surging infection rates and hospitalizations will continue to climb as people ignore precautions to gather for the holidays.

On Saturday, the number of available ICU beds in San Joaquin Valley plummeted to zero for the first time.

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Anti-gay Nonprofits, Businesses Received Millions in Covid-19 Aid

A number of organizations, schools and businesses with either a history of anti-LGBTQ advocacy or policies that explicitly discriminate against lesbian, gay, bisexual, transgender and queer individuals have received millions in pandemic relief funding, according to an NBC News analysis of data released last week by the Small Business Administration.

The Paycheck Protection Program (PPP) — which was intended to help small businesses amid the Covid-19 crisis — gave nearly $5.3 billion in the potentially forgivable loans to 5,160,000 recipients, with the average loan being $101,409.

Seven of the organizations that received funding — the American College of Pediatricians, American Family Association, Center for Family and Human Rights (C-Fam), Church Militant/St. Michael’s Media, Liberty Counsel, Pacific Justice Institute and Ruth Institute — have been designated as “anti-LGBTQ hate groups” by the Southern Poverty Law Center (SPLC) due to their alleged vilification of queer people. These seven groups received nearly $2.5 million combined.

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These 14 organizations are considered hate groups. How did they receive $4.3M in PPP aid?

The lion’s share of that money went to the American Family Association, which received nearly $1.4 million in Paycheck Protection Program funds. The Mississippi-based organization uses its resources, in part, to combat what it calls the “homosexual agenda.” Through its One Million Moms initiative, the organization rallies its supporters to boycott brands and media outlets that promote “homosexuality and transgenderism.”

Liberty Counsel, which received $428,000 in pandemic relief funds, is a conservative legal organization that, according to the SPLC, advocates for “anti-LGBT discrimination under the guise of religious liberty.” The organization made national news last year after trying to get gays removed from protection in a federal anti-lynching bill.

Cassie Miller, a senior research analyst at the SPLC, criticized the Trump administration for “letting millions of Americans and small businesses suffer” while providing “financial support to groups that tear at the fabric of our democracy.”

“Extremist movements thrive in climates of political uncertainty,” she said. “Now, the government is doing even more to help hate groups by handing them millions of dollars in forgivable loans.”

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The American Family Association, Ruth Institute and Pacific Justice Institute did not respond to NBC News’ requests for comment on the SPLC’s “hate group” designation and how they used their Paycheck Protection Program funds. The other four groups all disputed being labeled a “hate group,” and two of them shed light on how they used their relief loans.

The American College of Pediatricians said it used the loan to “fund the covered payroll period as designated.” It called the SPLC’s hate group designation a “mischaracterization” of its organization and pointed to its detailed response to the criticism. Liberty Counsel, which said it used its funds to avoid laying off any of its 35 employees, accused the SPLC of wanting to “destroy those with whom they disagree.”

Dr james dobson
Dr. James Dobson, who founded Focus on the Family, offers a prayer before an appearance by President Donald Trump at a campaign rally on Feb. 20, 2020, in Colorado Springs, Colo.David Zalubowski / AP file

At least four other organizations that received Paycheck Protection Program funding — Concerned Women for America, Dr. James Dobson Family Institute, Family Leader and First Liberty Institute — have a demonstrated track record of anti-LGBTQ advocacy or espousing an anti-LGBTQ ideology, though they have not been designated “hate groups” by the SPLC. These organizations received nearly $2 million in pandemic relief money combined.

The Dr. James Dobson Family Institute, which received $663,700, is dedicated to combating what it calls the “radical homosexual agenda.” The Colorado-based organization has described LGBTQ-inclusive sex education at a public school district as “vile” and “indoctrination of the most horrible variety.” The group’s founder, James Dobson, has also warned of the “dangerous transgender movement targeting our youth.”

The Dr. James Dobson Family Institute, Concerned Women for America and Family Leader did not respond to NBC News’ requests for comment on how they used the aid and their response to assertions that their organizations have a track record of anti-LGBTQ advocacy. First Liberty Institute’s general counsel, Mike Berry, sent a brief response saying his organization “advocates for the religious liberty of people of all faiths” and said “First Liberty repaid, with interest, all PPP funds by June 30.”

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Two private schools that made national news over the past two years due to their anti-LGBTQ policies — and their high-profile conservative backers — were also on the Paycheck Protection Program recipient list.

Immanuel Christian School, a private K-10 in northern Virginia where Vice President Mike Pence’s wife, Karen Pence, teaches, received $724,900 in aid funding. As NBC News reported last year, the school explicitly bars its employees from engaging in or condoning “homosexual or lesbian sexual activity” and “transgender identity.” And in its parent agreement, the school states that it may “refuse admission” or “discontinue enrollment” of a student whose household condones “sexual immorality,” such as “homosexual activity or bi-sexual activity.”

Trinity Schools, a group of private Christian schools where newly confirmed Supreme Court Justice Amy Coney Barrett was once a trustee, received over $1 million. As The Associated Press reported in October, the schools effectively bar admission to children of gay parents and make it clear that openly LGBTQ teachers are not welcome in the classrooms.

Immanuel Christian School did not respond to NBC News’ request for comment. Trinity Schools President Jon Balsbaugh sent an email saying his institution used the funds to “ensure that economic disruption of our employees and staff due to the pandemic would be lessened” and said Trinity Schools does not “unlawfully discriminate with respect to race, color, gender, national origin, age, disability, or other legally protected classifications under applicable law.”

Several companies and organizations that have been at the center of high-profile lawsuits regarding their policies of excluding LGBTQ people have also received Paycheck Protection Program funding.

Catholic Social Services, which received over $2 million, is at the center of a case currently before the Supreme Court. Fulton v. City of Philadelphia stems from the faith-based child welfare agency’s policy of not considering same-sex couples as potential parents for foster children.

R.G. & G.R. Harris Funeral Homes, which received more than $150,000, was part of a landmark Supreme Court case that resulted in the justices ruling that workplace discrimination based on a person’s sexual orientation or gender identity violates federal civil rights law. The Michigan funeral home’s involvement in the case stemmed from its termination of an employee after she came out as transgender. In November, the business agreed to pay $250,000 to the estate of the terminated employee, who died earlier this year, to settle the lawsuit.

Roncalli High School, which received nearly $1.8 million, was sued by two lesbian guidance counselors last year who said they were terminated when the school discovered they were married to women. The Roman Catholic Archdiocese of Indiana, which oversees the school and was also named in the women’s suits, received over $2.4 in pandemic relief funds. In response to the lawsuits, which are still active, the Indiana archdiocese told NBC News last year that it has “a constitutional right to hire leaders who support the school’s religious mission.”

Arlene’s Flowers, which received nearly 34,000, was found to have violated a state anti-discrimination law by the Washington Supreme Court last year after refusing to sell flowers to a gay couple for their wedding ceremony. The flower shop appealed to the Supreme Court for the second time last year, and its petition is still pending.

Catholic Social Services, R.G. & G.R Harris Funeral Homes, Roncalli High School and Arlene’s Flowers did not respond to requests for comment.

‘Warped priorities’

Kyle Herrig, president of government watchdog Accountable.US, said it’s “shameful” that the Trump administration provided pandemic relief funds to “organizations promoting bigotry, intolerance, and hate” with “so many small businesses forced to shutter since the start of the pandemic.”

“It is hard to find a clearer example of the Trump administration’s warped priorities than allowing countless mom-and-pop shops to go under without proper relief while bailing out wealthy and well-connected anti-LGBTQ enterprises on Americans’ dime,” he said in an email.

Justin Nelson, co-founder and president of the National LGBT Chamber of Commerce, shared a similar view.

“I think it’s ridiculous,” he said, “that the Small Business Administration led by the Trump administration would put the needs of avowed anti-LGBT organizations before hardworking small-business owners.”

Nelson said he’s seen first hand how LGBTQ-owned small businesses have struggled during the pandemic and how many have been unable to receive government relief.

“These folks are worried about keeping the lights on,” he said. “We had a number of businesses that applied, and only a small number that received funding.”

Nelson, whose organization works with thousands of LGBTQ-owned businesses around the country, said it’s frustrating to see large, well-funded organizations with anti-LGBTQ track records collect large sums of relief funding while thousands of small businesses have had to close their doors permanently. He noted that his chamber did not apply for a Paycheck Protection Program loan so as not to take away resources from the businesses most in need.

The Small Business Administration said in a statement that it does not comment on individual borrowers or loans. An agency spokesperson said the agency designed a “robust loan review process to ensure that only eligible borrowers received loans that fully complied with the program requirements” but added that just because a loan was issued, doesn’t mean the recipient was eligible or that the loan will ultimately be forgiven.

The first round of Covid-19 relief funding ended in August, and, as NBC News reported Thursday, new coronavirus relief negotiations are hitting an impasse.

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U.K. to Allow Sexually Active Gay Men to Donate Blood

In a landmark change to existing policy, the United Kingdom will allow sexually active gay and bisexual men to donate blood, with the new criteria focusing on individual behaviors and lifting the outright ban on blood from men who have sex with men.

“This is such a fundamental change and victory,” Ethan Spibey, a blood donation advocate, said. “It’s a groundbreaking, pioneering new policy for gay and bi men in the U.K.”

Under the new guidelines, donors who have had only one sexual partner for more than three months will be eligible to give blood. A health check questionnaire completed prior to donating will be used to assess eligibility and safety. The criteria will apply to all people interested in giving blood, regardless of their gender, their partner’s gender or the sexual activity in which they engage.

The new criteria was born out of a report by the “For Assessment of Individualised Risk” (FAIR) steering committee, a collaboration of British blood services and LGBTQ nonprofits. After two years of research, the group proposed a move to identify a wider range of risk behaviors that apply to all donors, according to the U.K.’s Department of Health and Social Care.

Sexually active gay and bisexual men who fall under the new guidelines will be able to donate blood in England by summer 2021. The rollout plans for Scotland, Wales and Northern Ireland are not yet known.

“Patients rely on the generosity of donors for their lifesaving blood and so we welcome the decision to accept the FAIR recommendations in full,” Su Brailsford, associate medical director at the U.K.’s National Health Service Blood and Transplant (NHSBT), the governmental body that will implement the new guidance, said in a statement.

The existing British policy requires men who have sex with men to abstain from oral and anal sex with another man for three months prior to donating. This is similar to the current policy in the United States, which earlier this year had changed the donation deferral period from 12 months of abstinence to three and had once been a lifetime ban on any man who ever had sex with another man since 1977. The policies date back to the 1980s during the early days of the HIV/AIDS crisis. However, the blood shortage caused by the coronavirus pandemic has reignited calls for a change to these policies. The ban prevented sexually active gay and bisexual men from donating plasma to a coronavirus research trial in the U.K. over the summer.

“The U.K. is seen as leading in this policy area,” Spibey said. “We genuinely believe this will impact thousands here and millions around the world.”

Spibey is the founder of FreedomToDonate, a coalition of nonprofits working to change policy so men who have sex with men are more easily able to donate blood. His team sits on the FAIR working group to push forward this policy. He said his organization regularly speaks with teams in the U.S. working to adjust blood donation policies there to an individualized risk assessment format.

The new guidelines will still ban individuals who have a known exposure to a sexually transmitted infection and those who use pre-exposure prophylaxis (PrEP), the HIV prevention medication. Spibey said his organization got the U.K. government to agree to reconsider the guidelines regarding PrEP as soon as more U.K.-based research on the medication is published.

“Gay and bi men have that recognition to make that small but lifesaving gesture,” Spibey said of the new donation rules. “That recognition and that inclusion is hugely significant.”

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Order of the Health Officer C19-17: Implementing The Terms Of The Regional Stay At Home Order

Sonoma County on Saturday will join five other Bay Area counties that have issued stay-home orders to slow the spread of the coronavirus.

The stay-home order will take effect at 12:01 a.m. Saturday, the county announced on its website Thursday afternoon, citing rising COVID-19 case numbers and hospitalizations.

Under the order, residents will be directed to stay at home except for work, shopping, outdoor recreation or other essential activities, such as medical appointments, allowed under the state’s regional shelter-in-place order. All sectors, other than retail and essential operations, were ordered to close. The new restrictions will remain in place until 11:59 p.m. on Saturday, Jan. 9, 2021.

Under the order, retail operations will be allowed to continue at 20% capacity, or 35% capacity for stand-alone grocery stores. Restaurants will be able to offer take-out, pick up, or delivery. Schools that have received waivers will be allowed to continue operation. Outdoor services are allowed at places of worship.

Hotels, vacation rentals and other lodging will only be allowed to offer accommodations for essential workers or the purpose of isolating people to prevent the spread of COVID-19. Additionally, overnight stays at campgrounds will not be permitted.

The following operations will be required to cease both indoor and outdoor services:

  • Hair salons and barbershops
  • Personal care services
  • Movie theaters (except for drive-in theaters)
  • Wineries, bars, breweries and distilleries (except for operations related to production, manufacturing, distribution and retail sales for off-site consumption)

County’s Health Orders and Guidance are updated as needed based on changing State requirements and current local needs as determined by the County Health Officer. In order to see the most current orders that may supersede any previous order, please view local orders and guidance, and state orders.

The public can see what’s open and what’s closed in Sonoma County to find more details on what businesses are currently open in Sonoma County. The California Blueprint for a Safer Economy provides information on the state’s criteria for loosening and tightening restrictions on activities.

DATE OF AMENDMENT: December 10, 2020

Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code § 120275, et seq.)

UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF SONOMA (“HEALTH OFFICER”) ORDERS:

  1. Summary.  To slow the spread of Coronavirus Disease 2019 (“COVID-19”), this Order of the Sonoma County Health Officer implements the restrictions on businesses and activities set forth in the December 3, 2020, Regional Stay at Home Order and the December 6, 2020 Supplement to Regional Stay at Home Order issued by the California Department of Public Health.
  2. Effective Date and Time.  This order takes effect at 12:01 a.m. on Saturday, December 12, 2020, and will remain in effect until 11:59 p.m. on Saturday, January 9, 2021, unless it is extended, rescinded, superseded, or amended in writing by the Health Officer or State Public Health Officer.
  3. Basis for Order.  Sonoma County is in the midst of a local, regional and statewide surge of COVID-19 cases and hospitalizations that began in the middle of October 2020.  On October 1, 2020, the seven-day average COVID-19 adjusted daily case rate was 13.3 cases per 100,000 people in the County.  According to the most recently reported data, by December 9, 2020, the adjusted rate had nearly doubled, to 25.8 cases per 100,000 persons in the County.  Hospitalizations of COVID-19 patients have also increased, from a seven-day average of 17.8 patients in County hospitals as of October 1, 2020, to a seven-day average of 49.1 patients in County hospitals as of December 9, 2020.Data reported by the State of California indicates that 10 percent to 30 percent of COVID-19 patients will require intensive care.  Of 65 COVID-19 patients hospitalized in the County on December 9, 2020, 11 were in intensive care units (ICUs), and only 10 staffed ICU beds were available in the County for all patients, leaving the County with 18.2% percent available ICU capacity.  Available ICU capacity in hospitals in the Bay Area region was 17.8 percent on December 9, 2020, and is projected to fall to 15 percent by December 14, 2020.  If the current trends continue, according to State projections, Bay Area hospitals collectively may be operating at 91 percent of their full capacity by December 24, 2020, and by January 1, 2021, the demand for ICU beds may exceed the current supply.Surge plans are in place to convert non-ICU hospital beds to ICU beds if necessary, and move non-COVID-19 patients to temporary hospital facilities.  However, due to limitations in the availability of qualified and trained medical personnel, expanding ICU capacity in this manner is not ideal from the standpoint of patient care.  For this reason, the objective now is to manage existing ICU capacity so that all patients who need intensive care have access to an ICU bed.  Reducing the number of transmissions of the COVID-19 virus is critical to meeting this objective.Gatherings of people – social or otherwise – pose risks of virus transmission, even with social distancing and the use face coverings, as neither is 100 percent effective in preventing transmission of the virus that causes COVID-19.  The transmission risk is higher indoors than outdoors, but even outdoor gatherings can result in viral transmissions, particularly in locations where people remove their face coverings to eat or drink.  Large gatherings are more risky than small gatherings, and prolonged interactions – i.e., longer than 15 minutes – are more risky than brief interactions.Reducing the maximum occupancy of businesses has been shown to reduce the risk of transmission of the COVID-19 virus.  Based on models of the effect of occupancy limitations, researchers found that a substantial reduction in the maximum occupancy of a business substantially reduces virus spread but does not as sharply reduce the number of visits to the business.  In the Chicago metropolitan area, for example, a cap on occupancy of businesses at 20 percent of the maximum was found to reduce the predicted number of new infections by more than 80 percent but there was a loss of only 42 percent of overall visits.  Because of the current case and hospitalization rates, it is necessary to impose additional restrictions on businesses and personal activities.The California Department of Public Health issued a Regional Stay at Home Order on December 3, 2020, and a Supplement to Regional Stay at Home Order on December 6, 2020, which impose new restrictions on gatherings, travel, and business activities, effective regionally based when available ICU capacity drops below 15 percent.  To protect the health and safety of County residents, it is necessary to implement the State Order restrictions before the State Order becomes effective regionally.
  4. Implementation of State Order.  The restrictions set forth in the State’s Regional Stay at Home Order, issued on December 3, 2020, the December 6, 2020 Supplement, and any further amendments, supplements, or guidance issued by the State will apply throughout the County. The Regional Stay at Home Order can be located here: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Guidance.aspx https://covid19.ca.gov/stay-home-except-for-essential-needs/
  5. Other Orders.  To the extent that this Order conflicts with the Health Officer’s June 18, 2020, Order (C19-15), as amended, which authorizes businesses to operate in the County in accordance with State guidelines and restrictions applicable to the tier of the State Blueprint that the County is in, or any other Order issued by the Health Officer in response to the COVID-19 pandemic, this Order will control.
  6. Enforcement.  Pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all chiefs of police in the County ensure compliance with and enforce this Order.  The Sheriff, chiefs of police, County Counsel, District Attorney, and city attorneys are empowered to ensure compliance with and enforce this Order within their jurisdictions. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.
  7. Justification.  The Health Officer has determined that this Order, and its Prior Shelter Orders, were and are necessary because cases of COVID-19 have been confirmed throughout the County.  COVID-19 is highly contagious and has a propensity to spread in various ways including, but not limited to, by attaching to surfaces or remaining in the air, resulting in physical damage and/or physical loss.
  8. Public Distribution.  Copies of this Order shall promptly be: (1) made available at the County Administration Center at 575 Administration Drive, Santa Rosa CA 95403; (2) posted on the County Public Health Department website (https://sonomacounty.ca.gov/Health/Public-Health/) and (https://socoemergency.org/); and (3) provided to any member of the public requesting a copy of this Order.
  9. Severability.  If any provision of this Order to the application thereof to any person or circumstance is held to be invalid, the reminder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect.  To this end, the provisions of this Order are severable.

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Switzerland Looks Set to be the Next to Legalize Same-sex Marriage

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Switzerland has taken a major step on the path to equality after its parliament voted overwhelmingly in favour of a law to pass same-sex marriage.

The council of states – the upper house of Switzerland’s legislature – voted by by 22 votes to 15 to approve landmark legislation to make same-sex marriage a reality. Just seven politicians abstained from the vote.

It’s a huge moment for a country that has lagged behind most of Europe when it comes to LGBT+ rights, and is the culmination of a seven-year campaign.

“We have been waiting for this for seven years,” Olga Baranova of the Marriage For All campaign told Le Temps. “The emotions are very strong.”

The bill first introduced by the Green Party in 2013, and several versions of the text have since been debated. One of the central questions was whether a constitutional change was required to make it happen or whether a change of law would be enough.

Article 14 of Switzerland’s constitution states that “the right to marry and to have a family is guaranteed.” Those in favour of a legal change argued there was no need to change this because it already accommodates marriages of any kind.

The majority council of states agreed and rejected a motion that would have required a nationwide constitutional referendum on marriage equality, which would have delayed the law even further.

The push for equality was helped in part by progressive parties’ electoral gains in October that shifted parliament more to the left.

It’s been a long time coming for the Swiss LGBT+ community, whose conservative country has been slow to enact positive change: the first law banning LGBT+ discrimination only passed as recently as this February.

It’s not the end of the road though, and the next battle will concern LGBT+ couples’ access to sperm donors.

While the vast majority of Swiss people are now in favour of same-sex marriage, the debate around insemination remains controversial and is likely to be the subject of a national referendum.

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Trump’s New Religious Exemptions for Employers an Invitation to Discriminate, Critics Say

The Trump administration has issued new guidance on religious exemptions for federal contractors that critics say grants them carte blanche to discriminate against LGBTQ workers, women, religious minorities and others.

The Department of Labor’s Office of Federal Contract Compliance Programs released Monday its final rule on exemptions to Title VII of the Civil Rights Act of 1964 and a related 1965 executive order instituting anti-discrimination requirements for federal contractors.

The provision expands exceptions to any contractors — for-profit or nonprofit — who “hold themselves out to the public as carrying out a religious purpose.”

“This rule is intended to correct any misperception that religious organizations are disfavored in government contracting by setting forth appropriate protections for their autonomy to hire employees who will further their religious missions,” it reads in part. According to the office, the new rule “reduces confusion” and reinforces existing statutes, including the Religious Freedom Restoration Act, 1993 legislation intended to prevent the federal government from “substantially burdening a person’s exercise of religion.”

“Religious organizations should not have to fear that acceptance of a federal contract or subcontract will require them to abandon their religious character or identity,” Secretary of Labor Eugene Scalia said in a statement.

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The U.S. government is the single largest customer in the world, awarding hundreds of billions of dollars in federal contracts each year to companies covering every facet of life, from military hardware to social services. Signed by President Lyndon Johnson in 1965, Executive Order 11246 prohibited businesses with government contracts over $10,000 from employment discrimination based on race, color, religion, sex or national origin. It did, however, stipulate religious organizations could prefer to hire ‘individuals of a particular religion.’”

In a subsequent order in 2014, President Barack Obama added gender identity and sexual orientation to the list of characteristics protected in EO 11246.

The Labor Department first proposed the new religious exemption guidelines in August 2019 and received more than 109,000 comments during the public comment period — including more than 90,000 from organized letter-writing campaigns.

Civil rights organizations blasted Monday’s final rule for disarming existing nondiscrimination protections with overly broad exemptions.

Alison Gill, vice president for legal and policy at American Atheists, called it “an absolute attack on religious equality and workers’ rights.”

Employees — especially those of government contractors — shouldn’t face a religious litmus test to get or keep their jobs, she said in a statement. “The American taxpayer should not be forced to fund discrimination, period.”

Jennifer Pizer, director of law and policy for LGBTQ legal organization Lambda Legal, said the new guidance is part of a decadeslong effort by Christian conservatives to remove anti-discrimination safeguards.

“The argument is, ‘If faith-based groups don’t receive government money with the freedom to act however they want to, then that’s discrimination. We must do it this way, and you must fund us,’” Pizer told NBC News.

Not long ago, she said, that suggestion would have been seen as a violation of the Constitution’s establishment clause, which prohibits the government from establishing an official religion or favoring one faith above others.

“But now it’s part of a growing victim narrative among the Christian right,” Pizer said. “It’s a flabbergasting alternate reality where white Christian society is somehow under attack by people who want equal rights.”

The Office of Federal Contract Compliance Programs guidelines “are not a surprise,” she added, “but they’re a profound affront to one of the basic principles our nation was founded on.”

With evangelicals among his strongest supporters, President Donald Trump has made religious freedom a key tenet of his administration: He’s issued executive orders protecting prayer in school and clergy who endorse political candidates from the pulpit. He also broadened the range of employers who can refuse to cover birth control under their health insurance policies. The Department of Justice under Trump issued amicus briefs supporting religious liberty in several Supreme Court cases, including Masterpiece Cakeshop v Colorado Civil Rights Commission, in which a Christian baker refused to sell a wedding cake to a gay couple, and the still-pending Fulton v. City of Philadelphia, which addresses whether faith-based child welfare agencies can turn away LGBTQ foster and adoptive parents and still receive taxpayer money.

In 2018, Trump announced a new White House faith and opportunity initiative, designed to “to remove barriers which have unfairly prevented faith-based organizations from working with or receiving funding from the federal government.”

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The Labor Department was among nine agencies that proposed subsequent guidelines to “safeguard the fundamental right to religious freedom by eliminating unfair and unequal treatment by the federal government,” according to deputy press secretary Judd Deere.

The Department of Education issued its final rule in September, while other agencies have yet to finalize their plans. The Labor Department policy announced Monday won’t take effect until Jan. 8, less than two weeks before Inauguration Day.

President-elect Joe Biden’s transition team declined to comment on whether it would overturn the new rule. However, in previously released policy statements, Biden has committed to restoring “full implementation” of President Barack Obama’s executive order prohibiting discrimination by federal contractors on the basis of sexual orientation and gender identity.

But even if they’re only in effect for a limited time, Pizer said, the policies “invite discrimination — and represent a real legal and political view that’s moving forward.”

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Family Justice Center’s virtual fundraiser and silent auction, “Hope is Not Cancelled” Happens Tonight

You are invited to join us for the Family Justice Center’s virtual fundraiser and silent auction, “Hope is Not Cancelled.” 

Click on https://fjcsonomacounty.cbo.io  to view information about the event and by scrolling to the bottom of the page, you can preview the auction items before you register.   If you are interested in bidding on an item and/or viewing the live event, then register and you will be set!  Once registered you can bid from the convenience of your computer or phone until the auction closes on Friday evening. The silent auction starts today, December 9th, at noon and will close following the live event on Friday, December 11th.   

The live event with Senator Mike McGuire will be on December 11, 2020 at 5:00 p.m., please take the time to sit down with a glass of wine and enjoy the one hour event. I promise you will be touched. 

Every dollar you bid will go to support critical services for victims and survivors of domestic violence, elder abuse, child abuse and sexual assault.  Besides bidding, you can contribute to our Fund-A-Need during the live event or on the auction site.   Anyone who donates $500 or more to the FJC Fund-A-Need will receive a bottle Natural’ California Champagne from Korbel, my amazing employer and event sponsor, as a celebratory thank you!   We have many great items that will make wonderful holiday gifts and premium wines for your holiday celebrations including:1.  Paris on the Terrace for Two at Jordan Vineyard and Winery2.  Family Pass to the USS Hornet Museum3.  Dinner for 8 at Wild Oak Saddle Club4.  Wine Tastings at Cuvaison,Taft Street Winery, Portalupi, Hook and Ladder, Mill Creek Vineyards and many other wineries5.  Gift Certificate for $200 at Rivers End Restaurant6.  Locally Crafted Custom Bluebird Nesting Box7.  Double Magnums, Magnums and bottles of exclusive wines from James Family Cellars, Siduri, Dutton-Goldfield, Russian River Vineyards and many more8.  Dinner for 4 at Baci Restaurant in Healdsburg9.  Gift Baskets from Amy’s Kitchen, Willibee’s Wine & Spirits, Bottle Barn and the Museum of Sonoma County You can also meet our new Executive Director, Marsha Lucien, during the live event and take a virtual tour of the center and see inspiring short (I promise!) videos about the great work being done by the Family Justice Center.  Now, more than ever, we need to keep hope alive for victims of abuse.   

I hope you will join us,Jill RavitchFJCSC Foundation Board If you prefer to make a contribution by check please mail it to: Family Justice Center Sonoma County, 2755 Mendocino Avenue, Santa Rosa, CA 95403.  If you want to let me know about your mail-in contribution before 3:00 p.m. on Friday, December 11th, I will make sure that it is doubled by one of our live event matching donors.  If you are contributing through the website or during the event, this will happen automatically and you don’t need to notify me (unless, of course you want to)!  Thank you to all my friends and family for your support and contributions for the FJC, I assure you that it is a wonderful place doing wonderful things for many people.   

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Happening this Month at Marin’s Spahr Center

Community and Connection DuringAnother Covid-19 Caused Shutdown 
Residents of the Bay Area have once again been asked to stay at home through at least the end of December, except when conducting essential business, and also to scrupulously observe prevention practices including mask wearing, social distancing and frequent handwashing. We know that stay at home orders are truly difficult for all of our constituents, and very likely to deepen isolation and depression to troublesome levels. This is especially true during the Holidays, when all of us hope for and are accustomed to gathering with friends and loved ones for warmth and celebration. 
The Spahr Center wants to remind our clients and supporters that we are here for you during this time. We continue to hold discussion groups and social activities by Zoom. Our therapists are available to provide support. We will help you to build or maintain community and connection as best we can – during and after Covid. Reach us at info@thespahrcenter.org or 415.886.8551. 
Art by @hellomynameiswednesday.
Many Hands Make Light Work –Volunteer with The Spahr Center!
As an essential business during the Covid-19 emergency, The Spahr Center operates programs that have to continue serving people no matter what! This includes our food pantry and syringe access program, as well as programs that keep our clients connected to community to prevent isolation and depression. (See our story on the new Friendly Visitor program.) All of these programs need additional hands to ensure that HIV-positive and LGBTQ+ people in Marin have the support they need.
We are sensitive to the fact that much of the work we do must be done in our Corte Madera office. We take mask wearing, distancing and cleanliness very seriously, and will create the safest possible experience for our volunteers! 
If you are interested in working with us, please contact info@thespahrcenter.org, or call 415.886.8551 to discuss. 
Friendly Visits for LGBT Seniors –Our Newest Program
The Spahr Center serves a wonderful and large group of seniors through discussion groups, counseling services, and social activities (many of which are provided by our friends at the Social Committee). These services help to build community and belonging for LGBT seniors, and are among our most rewarding offerings. We know that there are many additional LGBT seniors in Marin County who are living alone or in residential care facilities who feel very isolated from their peers, and long for connection – especially during Covid! 
With support from the Marin County Non-Profit Community Partner Program, Horizons Foundation and Westamerica Bank, The Spahr Center is launching a Friendly Visitor Program. We are recruiting volunteers to be trained to be in regular contact with an LGBT senior by phone or over Zoom to share stories, discuss mutual interests and form a friendship. We also plan to connect seniors new to our LGBT programs to all of the services provided by The Spahr Center.
We welcome Spahrklers (Spahrkle readers) to let us know if you are aware of an LGBT senior who might enjoy participating in the Friendly Visitor Program. Additionally, we seek volunteers who have 2 to 5 hours a week to serve as Friendly Visitors! This involves some training, making weekly visits, and reporting back to our staff every week about how things are going.
Please contact Bill Blackburn at bblackburn@thespahrcenter.org if you would like to help!
Make Your End of Tax Year Donation Today – Support The Spahr Center to Achieve its New Strategic Plan!
On November 23, The Spahr Center released its Strategic Plan to guide our programs and advocacy from 2021 to 2025. It is a bold and visionary road map to respond to the needs and aspirations articulated by 150 community members and service providers. Our 6 Priorities and 15 action items will further ensure that members of the HIV and LGBTQ+ communities feel better connected to one another and supported; that a comprehensive, quality system of medical and social services exists to meet their needs; and that Marin’s residents and key institutions are fully embracing. We encourage you to review our Plan at www.thespahrcenter.org.
We ask that our supporters make a generous contribution to help us carry out our vision of an LGBTQ+ and HIV community that is connected, empowered, and thriving within a supportive Marin County. Please consider making a monthly pledge to sustain the life-saving and life-affirming work of this one-of-a-kind agency. Visit https://www.mightycause.com/organization/spahrcenter TODAY!  
Follow Our Lifesaving Harm Reduction ProgramsOn Twitter! @4harmreduction
The Spahr Center protects dozens of lives every year through its program to provide sterile syringes to injection drug users and collect used syringes, as well as its program to distribute Naloxone widely to prevent opioid related overdoses. The program is funded by the State of California, County of Marin and private foundations to prevent HIV infection, hepatitis C infection and overdoses, as well as to link individuals to needed medical care and other social services.   
We encourage Spahrkle readers to learn more about the principles of and approaches to harm reduction at www.harmreduction.org and also to follow our harm reduction program on Twitter: @4harmreduction. And please see our related interview with Lyra Smith in this issue of Spahrkle!
Spotlight on the Great People of the Spahr Center – Focus on Lyra Smith
With this issue of Spahrkle, we launch a monthly profile of some of the wonderful clients, staff members, volunteers, donors, and supporters who deliver the important programs of The Spahr Center and contribute to its culture of compassion and outstanding service to the community. We start with Lyra Smith!
In December, Lyra took on the important role of Development Assistant here at Spahr to support our fundraising activities. Lyra continues her service as a super-dedicated and effective volunteer with the Syringe Access Program – helping to staff sites at which we provide sterile syringes, hand out Naloxone to prevent overdoses, and link injection drug users to medical and social support programs. We are so grateful to Lyra for her enthusiastic and conscientious work for the community.
Rhiannon Saltzman, The Spahr Center’s Harm Reduction Manager, had a sit down with Lyra to ask her a few questions about her life and activities. See her responses by clicking here:    
Focus on Lyra
School Board Candidate Forums Show Huge Potential for LGBTQ+ School Advocacy
This year, The Spahr Center’s held student-led candidate forums for the Tamalpais Union, San Rafael, Sausalito/Marin City, and Novato school board races. The forums were live streamed over Facebook and facilitated by members of our Social Justice Fellowship and Middle School Leadership Institute programs. The forums proved to be very generative spaces that allowed candidates to hear the needs of LGBTQ+ students in their schools and express their commitments to providing more support. The youth participants voiced immense amounts of excitement for how all of the candidates participating enthusiastically engaged with LGBTQ+ issues and brainstormed possibilities for the future.
Some of the ideas generated by school board members included a district-level LGBTQ+ task force, increased counseling resources, needs assessments, curriculum revisions, cultural competency, and more! It was powerful for these ideas to come from school board candidates, and The Spahr Center is excited to collaborate with those who have now been elected. Stay tuned for more updates on the youth program’s advocacy work moving forward!
Chiqui Diaz, member of The Spahr Center’s Social Justice Fellowship Program, wins California activism award! 
Chiqui was one of 6 young people from across the state named “Voices for Change” by the California Endowment. The Youth Awards honor young leaders who engage civically, volunteer locally, advocate for important causes, or encourage engagement among their peers. The award seeks to recognize youth who take brave action when faced with deep-rooted systemic barriers and injustice, have shown up in their community as agents of change, have made a positive impact on their community at large, and will continue to evolve as leaders in the years ahead.
The California Endowment describes the youth as “agents of change who have dedicated themselves to the hard work of addressing social injustices or inequalities in their local community or state. And we completely agree! Chiqui is an incredible community activist. We wanted to share more about her work in Marin County. Read more about her here:
Focus on Chiqui

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Anti-LGBTQ School where Karen Pence Teaches Obtained $725K in PPP Money

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A Christian school in Virginia infamous for banning LGBTQ teachers and students after second lady Karen Pence took a teaching job there obtained nearly $725,000 in PPP funds despite its anti-LGBTQ policies, the Washington Blade has learned.

A look at the distribution for the COVID-19 bailout funds, as documented by the government watchdog Accountable.US, reveals Immanuel Christian School in Springfield, Va., obtained the six-figure grant as part of the Paycheck Protection Program, which sought to keep small businesses afloat amid the coronavirus pandemic. 

Immanuel Christian School claimed 115 jobs saved with the PPP money, according to the raw SBA data.

“It is shameful that an institution that discriminates against LGBT Americans received nearly $1 million in taxpayer funds,” Kyle Herrig, president of government watchdog Accountable.US, said in a statement. “This money was meant to help mom and pop small businesses meet payroll and keep the lights on — instead the wealthy and well-connected cashed in.”

The Small Business Administration operated the $669 billion program, which the agency says saved more than 51 million jobs during the coronavirus and is credited with being the most successful jobs program in U.S. history. (A report earlier this year in Axios, however, contested that estimate and said the number of jobs saved was closer to 13.6 million.)

Shannon Giles, a spokesperson for the Small Business Administration, declined to comment on the $725,000 given to Immanuel Christian School, citing a practice of no comment on individual borrowers.

Immanuel Christian School doesn’t just have policies excluding LGBTQ people, but declares in its employment application “homosexual acts and lifestyles are clearly perversion and reprehensible in the sight of God.” The school bars admissions of students if they identify as LGBTQ or come from LGBTQ families and refuses to employ LGBTQ teachers. 

The school’s guidelines are listed in its “parent agreement,” which states Immanuel Christian School “can refuse admission to an applicant or to discontinue enrollment if the atmosphere or conduct within a particular home, the activities of a parent or guardian, or the activities of the student are counter to, or are in opposition to, the biblical lifestyle the school teaches.”

Immanuel Christian School didn’t respond Thursday to the Blade’s request to comment on whether it was appropriate for the school to accept taxpayer funds when it would reject taxpayers from admission or employment based on LGBTQ status.

Karen Pence accepted a position teaching art two days a week at the school in early 2019, returning after having worked there when her husband was a congressman. 

“I am excited to be back in the classroom and doing what I love to do, which is to teach art to elementary students,” Pence said in a statement at the time.

Both President Trump and Vice President Mike Pence have defended Karen Pence for taking a job as an art teacher at the school. Trump called her a “terrific woman” during a February 2019 speech at the National Prayer Breakfast in response to her position at Immanuel Christian School, while Pence said in an interview with EWTN Global Catholic Network he was “deeply offended” by the criticism.

“The freedom of religion is not just enshrined in the Constitution, it’s enshrined in the hearts of the American people,” Mike Pence said later at the 2019 Conservative Action Political Conference. “But make no mistake about it. The freedom of religion is under attack in this country. Lately, it’s actually become fashionable for media elites and Hollywood liberals to mock religious belief.”

Neither the White House nor the vice president’s office responded to the Blade’s request to comment on whether it was OK for Immanuel Christian School to receive PPP money with anti-LGBTQ polices in place.

Current federal law doesn’t prohibit anti-LGBTQ discrimination in the distribution of PPP funds. Although the U.S. Supreme Court ruling this year in Bostock v. Clayton County determined anti-LGBTQ discrimination is a form of sex discrimination, therefore illegal in the workforce under Title VII of the Civil Rights Act, has broad applications to all laws against sex discrimination, it has no bearing on federal programs like PPP. 

Title VII of the Civil Rights Act of 1964, which covers federal programs, bars discrimination on the basis of race, color and national origin, but says nothing about sex, let alone sexual orientation or gender identity.

Ian Thompson, legislative director for American Civil Liberties Union, affirmed the Bostock decision “would not apply” in the context of PPP, but said the Equality Act, legislation that would expand the prohibition on anti-LGBTQ discrimination under the Civil Rights Act, would rectify the situation.

“The Equality Act would fix this gap in civil rights law by making it illegal to discriminate with federal funding based on sex [including sexual orientation and gender identity],” Thompson said. “When the Equality Act is the law of the land, recipients of federal funding would not be permitted to have policies that openly discriminate against LGBTQ people.”

Thompson, however, conceded Immanuel Christian School may still be acting unlawfully in the aftermath of the Bostock decision regardless of whether or not it got PPP funds for having policies discriminating against LGBTQ employees or students.

“If a religious school were refusing to employ LGBTQ people or to enroll LGBTQ students, we think that would violate Title VII and Title IX under Bostock, regardless of whether it got a PPP loan or not,” Thompson said. “We also think that a policy of excluding LGBTQ people would be unlawful, but there might be a question of who had standing to challenge that policy if no one was actually excluded. And there would also be a question about whether the religious school would have access to a religious exemption, either under Title VII or Title IX or RFRA or the Constitution.”

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Trump’s Labor Dept. GutS LGBTQ Workplace Protections

With fewer than two months remaining in the Trump administration, the Department of Labor went through with making a rule final on Monday that would grant religious institutions a broader exemption under former President Obama’s executive order barring anti-LGBTQ workplace among federal contractors.

Although no notice was seen on the Federal Register website indicating the process is over for implementing the rule, first proposed in August 2019, the website for the Labor Department’s Office of Federal Contract Compliance Programs indicates the regulation has become final. A note in the final rule indicates it will become effective on Jan. 8, days before President-elect Joe Biden is set to be sworn in as the 46th president of the United States.

The final rule has language stating its purpose to “clarify” the religious exemption under Executive Order 11246 signed by former President Lyndon Johnson in 1964 to ban employment discrimination among federal contractors, which Obama amended in 2014 to include a prohibition on anti-LGBTQ discrimination. 

Recognizing Title VII of the Civil Rights Act, which bars discrimination in employment, was amended in 1972 to expand its religious exemption, OFFCP the regulations under the executive order “should be given a parallel interpretation” with regard to its religious exemption.

“This rule is intended to correct any misperception that religious organizations are disfavored in government contracting by setting forth appropriate protections for their autonomy to hire employees who will further their religious missions, thereby providing clarity that may expand the eligible pool of federal contractors and subcontractors,” the rule says.

As a result of the rule, federal contractors will be to claim a religious exemption to discriminate against LGBTQ people in employment without punitive consequences from OFCCP under Obama’s executive order.

Religious affiliated colleges and universities that contract with the federal government and have histories of anti-LGBTQ discrimination, such as Brigham Young University in Utah, may be the intended beneficiaries of the final rule. However, the definition of a religious institution is so vague virtually any federal contractor could assert a religious view to get out of the requirements against anti-LGBTQ discrimination.

Further, the rule makes no distinction between anti-LGBTQ discrimination and other forms of discrimination. Because Obama’s executive order was in the form of an amendment to Johnson’s executive order against discrimination based on race, color, religion, sex or national origin, the final rule open the door to workplace discrimination on the basis of these categories as well as anti-LGBTQ discrimination among federal contractors.

Jennifer Pizer, director of law and policy at the LGBTQ group Lambda Legal, said in a statement “it is hard to overstate the harm that the Office of Federal Contract Compliance Programs is visiting on LGBTQ people, women, religious minorities and others with the sledgehammer it is taking to federal non-discrimination protections.”

“For nearly 80 years, it has been a core American principle that seeking and receiving federal tax dollars to do work for the American people means promising not to discriminate against one’s own workers with those funds,” Pizer added. “This new rule uses religion to create an essentially limitless exemption allowing taxpayer-funded contractors to impose their religious beliefs on their employees without regard to the resulting harms, such as unfair job terms, invasive proselytizing and other harassment that make job settings unbearable for workers targeted on religious grounds.”

OFCCP didn’t respond to the Washington Blade’s request to comment Monday on why the Trump administration needed to make the rule final with less than two months remaining in the Trump administration and why the final rule doesn’t appear in the Federal Register.

According to the final rule, OFCCP obtained during the 30-day public comment period 109,726 comments on the proposal, which includes more than 90,000 comments generated by organized comment-writing efforts.

The rule is made final days before the Labor Department is expected to produce internal emails on the deliberation behind the regulation. In September, the Washington Blade had filed a lawsuit with attorneys from the Reporters Committee for the Freedom of the Press under the Freedom of Information Act seeking internal emails within OFCCP to uncover information about the motivation behind the rule change. The first batch of emails from the Labor Department is expected to come out Thursday as a result of a joint status report in this lawsuit.

Obama’s executive order now has less importance in the aftermath of the U.S. Supreme Court decision this year in Bostock v. Clayton County, which found anti-LGBTQ discrimination is a form of sex discrimination, thus illegal in the workforce under Title VII regardless of whether or not a business is a federal contractor. However, the executive order provided additional tools for the OFCCP to root out anti-LGBTQ discrimination proactively without an employee having to file a workplace discrimination lawsuit under Title VII.

OFFCP states in the rule the change is needed to enforce the law consistent with recent Supreme Court decisions in Masterpiece Cakeshop, Trinity Lutheran Church of Columbia and Hobby Lobby, even though cases had nothing to do with employment. Meanwhile, the final rule downplays the importance of the Bostock decision, asserting the “holding itself is not particularly germane to OFCCP’s enforcement of E.O. 11246, which has expressly protected sexual orientation and gender identity since 2015.”

The decision from the Labor Department to make the rule final, in addition to proposed the rule in the first place, stands in contrast to President Trump’s pledge at the start of his administration in 2017 to keep Obama’s executive order intact. The uncredited White House pledge stated Trump “is determined to protect the rights of all Americans, including the LGBTQ community.”

“The executive order signed in 2014, which protects employees from anti-LGBTQ workplace discrimination while working for federal contractors, will remain intact at the direction of President Donald J. Trump,” the statement says.

Obama’s executive order covered an estimated 34 million employees working for federal contractors, many thousands who are LGBTQ, and 22 percent of the workforce.

White House Deputy Press Secretary Judd Deere, however, said any notion the updated regulation undercuts Obama’s executive order is false. 

“This rule does not revise, amend or in any way undermine the executive order governing nondiscrimination requirements for federal contractors, and it in no way undercuts the president’s promise and commitment to the LGBT community,” Deere said. “It simply seeks to clarify the scope and application of the religious exemption already contained in the executive order that the previous president signed.”

Now that the Trump administration has made the rule final, the Biden administration cannot easily undo it under the Administrative Procedure Act, which requires the U.S. government to undertake a deliberative process and engage with the public before making regulatory changes.

Pizer told the Blade via email the Biden administration “will have to do a full rulemaking” process under the Administrative Procedure Act to undo the regulation in the aftermath of the Trump administration making it final.

“We do expect it to be among the many Trump administration rule changes (and still-pending, likely-to-be-finalized, proposed rule changes) that will be top priorities for review and redoing by the new administration,” Pizer said.

Pizer added she can’t predict the timing for that process given the sheer number of Trump-era rules that needed reversing under Biden, especially because that might be affected by litigation that might produce court orders enjoining the U.S. government from enforcing the regulation.

Sasha Buchert, senior attorney with Lambda Legal, said in a statement the final rule not only obstructs LGBTQ people from job opportunities, but may block them from obtaining benefits for a same-sex spouse and child as an employee of a federal contractor.

“This rule effectively allows almost any federal contractor to claim a right to fire a person, deny health benefits or take other forms of discriminatory action for marrying a same-sex partner or coming out as transgender, or who the employer or would-be employer discovers is transgender, for living in accordance with their gender identity,” Buchert said. “The harm to those who already face pervasive discrimination is incalculable.”

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