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Democratic retirements could derail LGBT advances

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U.S. Sen. Evan Bayh’s retirement could make it more difficult for congressional Democrats to advance LGBT-related bills. (Photo courtesy of Bayh’s office)

The surprise retirement announcement from Sen. Evan Bayh (D-Ind.) on Monday came as a political shock in Washington and fueled the notion that 2010 will be a bad year for Democrats.

While political experts are expecting Democrats to retain control of both the House and the Senate — albeit with slimmer majorities — pundits are saying pro-LGBT legislation would require an extra push from supporters following the election to make it through Congress.

Bayh formally announced Monday his intention to vacate his seat at the end of the year. Emphasizing his continued commitment to public service, Bayh said he wanted to retire in part because his desire to serve as a U.S. senator has waned.

“For some time, I’ve had the growing conviction that Congress is not operating as it should,” he said. “There is much too much partisanship and not enough progress, too much ideology and not enough practical problem solving.”

Bayh’s retirement came as a surprise to many because he was seen as a rising star in the Democratic Party and has been mentioned as a possible presidential candidate. The senator reportedly had $13 million in his coffers for a re-election campaign, and was the leader of a group of moderate Democrats that had pledged to work for centrist policies on Capitol Hill.

The Indiana senator hasn’t been at the forefront of LGBT causes during his tenure in Congress, but stepped up to the plate when support was necessary. Bayh voted against the Federal Marriage Amendment in 2004 and 2006, and voted in favor of hate crimes legislation.

Michael Mitchell, executive director of the National Stonewall Democrats, said Bayh’s record on LGBT issues is attributable to the fact that he comes from a state that’s somewhere between moderate and conservative in its political leanings.

“I think whoever takes his place is going to lean toward the more Blue Dog, or the more conservative side of the Democratic Party anyway,” Mitchell said. “It would be wonderful to see someone who’s pro-equality there, and we’ll see how that plays out.”

But Bayh’s retirement means an incumbent Democrat won’t be running for the seat, increasing the chances that a Republican could win the spot in November.

That’s why Sean Theriault, a gay government professor at the University of Texas, Austin, called Bayh’s decision to leave the Senate “bad news for the Democrats.”

“It takes a race that could have gone either way to a seat that the Democrats will most likely lose,” Theriault said. “More than that, though, the Senate is losing a good senator. Bayh was a legislator’s legislator. He knew how to work both sides of the aisle to get good legislation passed.”

Bayh’s retirement isn’t the only factor jeopardizing the Democratic majority in Congress this fall. Public dissatisfaction with Congress has many pundits predicting Republican wins.

In addition to the general climate turning against Democrats, issues in individual races could make for a challenging year for the party. The announced retirement of Sen. Byron Dorgan (D-N.D.) leaves little hope for a win against Republican Gov. John Hoeven in the Senate race this November. In Delaware, Republican congressman Mike Castle is favored to capture the Senate seat once held by Vice President Joseph Biden.

And in Illinois, the Democratic nominee for the U.S. Senate seat, Alexi Giannoulias, is being dogged by his association with Broadway Bank, which reportedly engaged in questionable practices and is on the verge of Federal Deposit Insurance Corp. takeover.

Even Senate Majority Leader Harry Reid (D-Nev.) is facing low approval ratings in his home state, making him vulnerable to a Republican challenger.

Still, while political experts are predicting Democrats will lose seats, most are saying the Republicans won’t be able to take the majority in either the House or Senate. Theriault said before the announcement of Bayh’s retirement, he would have thought the Democrats would hold 54 seats after the election.

“Now, it might be down to 53,” he said, “At every turn, the Republican primary electorate is going to have to make the right decision, catch some breaks, and conditions would have to deteriorate even more than they have for the Republicans to have a shot at gaining control of the Senate.”

Dan Pinello, a gay government professor at the City University of New York, said the growing number of Democratic incumbents who are announcing their retirement means Republicans will see more opportunities, but determining whether the Republicans will take control of Congress is difficult because other factors could emerge to influence the election.

“Both domestic as well as international events can happen at such lightning speed to change the larger political environment that the outlook can vary from month to month in terms of what’s going to be happening come November,” he said. “It’s very dicey to make predictions so far ahead of the general election.”

Still, Pinello said predicting Democrats will lose seats in Congress is a “safe” bet to make, although a GOP takeover would take “a seismic change” similar to what happened in 1994 when Democrats lost control of both chambers of Congress.

Charles Moran, spokesperson for the Log Cabin Republicans, said he doesn’t think Republicans will take control of Congress this November, although he predicted Democratic losses because the party will have to spend money on races that it thought wouldn’t be competitive.

“It’s going to give the Republicans a competitive advantage in terms of reclaiming some of these seats,” he said. “I’m certainly not sugar-coating it. We have a really big hole to fill on the Republican side, but I definitely think this puts the Democrats in a precarious position.”

With decreased majorities in Congress, advocates are saying pushing pro-LGBT legislation through to the president’s desk would be a more difficult feat.

Pinello said if the Democratic majority falls behind 55 seats in the Senate, it could cause a problem when seeking 60 votes to end any filibusters on LGBT-related legislation.

“That becomes a problem if ‘Don’t Ask, Don’t Tell’ comes up for repeal or, more importantly, the Defense of Marriage Act comes up for repeal,” he said. “I think potentially that becomes an insurmountable hurdle if Republicans remain as cohesive as they have been on the health care issue.”

Even with decreased majorities, Mitchell said advocates will “keep working” with Democratic allies to push through pro-LGBT legislation.

“Our organization worked specifically for the last 10 years as an organization working in the minority,” he said. “I think Obama will continue to help push some good legislation for us and do what he can, but that said, there needs to be a pro-equality Congress that can help us do that.”

Moran said while Democratic losses would mean the party would have to “re-evaluate some of their votes and some of their stances,” he would hope Democrats and Republicans who would vote for pro-LGBT legislation would maintain their support.

“More than anything, I think it’s just another example of how we’ve got to spend a lot of time as a community working to start changing some of the hearts and minds of the key individuals who maybe are sitting on the fence,” he said.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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