National
Murphy confident Congress will overturn ‘Don’t Ask’ this year
The sponsor of “Don’t Ask, Don’t Tell” repeal legislation in the U.S. House is confident Congress will overturn the law this year — even as other lawmakers have indicated repeal may not happen until later.
In an interview with DC Agenda Tuesday, Rep. Patrick Murphy (D-Pa.) said he believed lawmakers would overturn this year the 1993 statute preventing gays, lesbians and bisexuals from serving openly in the U.S. military and that he’s expecting Congress to take up the issue “legislatively in the next couple months.”
Murphy said the upcoming defense authorization bill could be a vehicle for passing repeal legislation. He noted that passage as part of defense authorization would give the Pentagon time to complete the study currently underway on the law.
“We usually don’t pass that into law until October of that year,” Murphy said. “October is about seven months away. That’s plenty of time for the folks to get ready to just put out to the troops that you need to respect not just one another’s race, one another creed, but also one another’s sexual orientation.”
Still, Murphy said defense authorization was just one way that Congress could enact repeal. Other options remain available.
“I think that’s one of the vehicles moving forward, and so I anticipate getting this done this year,” he said.
Murphy said momentum has been building toward repeal in the last couple months, leading to a position where Congress can overturn the 1993 law. In particular, Murphy cited the testimony Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen gave last month in support of ending “Don’t Ask, Don’t Tell.”
“Now is the time when senior leadership in our military who are responsible to have the best policies for our young men and women who serve the country are calling for the repeal of ‘Don’t Ask, Don’t Tell’ — as has our commander-in-chief,” Murphy said. “So now Congress needs to get off the sidelines and get this done this year.”
Murphy said the growing number of lawmakers who have expressed support for repeal also is contributing to the momentum.
Last month, Murphy picked up another co-sponsor for repeal legislation in the House, Rep. Peter Visclosky (D-Ind.), bringing the total number of co-sponsors for the Military Readiness Enhancement Act to 188. Murphy said he’s received commitments from about two dozen other House members that they’d vote in favor of the bill should it come to a floor vote, which would bring the votes close to the 218 needed for passage.
Murphy also expressed enthusiasm for plans by Sen. Joseph Lieberman (I-Conn.) to soon introduce companion legislation in the Senate and said the independent senator should be able to bring Democrats and Republicans on board.
“I know he’s committed to repealing ‘Don’t Ask, Don’t Tell,’“ Murphy said. “I know he knows the best thing for our military, and frankly, when it comes to foreign policy, I think he’s been one of the leaders in the Senate.”
Murphy said he’s expecting Lieberman’s bill to be similar to his in terms of doing away with “Don’t Ask, Don’t Tell” and providing for a non-discrimination policy. But Murphy said he’s unsure about other details, such as whether Lieberman’s bill will have a longer implementation time to allow the Pentagon to complete its study on the law.
The lawmaker is not alone in expecting that Congress will repeal “Don’t Ask, Don’t Tell” this year. On Saturday, Joe Solmonese, president of the Human Rights Campaign, said at a fundraising dinner in Raleigh, N.C., that 2010 would be the year that advocates would do away with the ban on open service in the military.
Despite these expectations, others have expressed doubt about whether Congress will repeal “Don’t Ask, Don’t Tell” this year.
Media reports have indicated the White House hasn’t provided Congress a clear path forward on proceeding with repeal. Rep. Barney Frank (D-Mass.) recently told DC Agenda the White House has been “muddled” on the issue and that he’s hoping the White House makes the path clear for Congress in coming weeks.
But Murphy said the White House has been crystal clear in that Congress should work to do away with “Don’t Ask, Don’t Tell.”
“The commander-in-chief has said that he wants the Congress to put a bill on his desk to finally repeal this harmful policy that has hurt our national security and has cost the American taxpayer $1.3 billion,” Murphy said.
Another voice of doubt comes from Senate Armed Services Committee Chair Carl Levin (D-Mich.), who said he’s skeptical the votes are there to repeal the law banning open service.
Levin has been floating the idea of a legislative moratorium on discharges, which he said lawmakers might more likely support because it doesn’t predetermine the outcome of the study currently underway at the Pentagon.
But Murphy called a moratorium “half-stepping” and said that full repeal of “Don’t Ask, Don’t Tell” is still the way to go.
“This is a time when we need to make sure that we refocus our efforts on capturing or killing Osama bin Laden and al Qaeda,” Murphy said. “Now is not the time to have Chapter 15 investigations and hearing if someone is gay or straight in our military.”
Along with many other Democratic lawmakers, Murphy could face a difficult re-election campaign this fall. A number of Republicans have lined up to challenge the lawmaker, including Mike Fitzpatrick, the former House member whom Murphy ousted in 2006 by taking 50.3 percent of the vote.
Asked whether his public support for repealing “Don’t Ask, Don’t Tell” was having an impact on his constituents’ view of him, Murphy dismissed such worries about his re-election prospects.
“I wasn’t elected to worry about re-election,” he said. “I was elected to make sure that I’m fighting for the families of our military and to keep our country and our economy strong, and I’m doing everything in my power to make good on that special trust and confidence.”
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
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.
The White House
White House debuts action plan targeting pollutants in drinking water
Same-sex couples face higher risk from environmental hazards
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.
Maine
Maine governor signs transgender, abortion sanctuary bill into law
Bomb threats made against lawmakers before measure’s passage
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.”
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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