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LGBT contingent to join weekend immigration rally

Proponents of comprehensive immigration reform legislation are planning to rally this weekend

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Proponents of comprehensive immigration reform legislation are planning to rally this weekend in support of the bill — and drum up support for a proposed component that would help same-sex couples.

Tens of thousands of demonstrators — perhaps even up to 100,000 — are expected to gather Sunday at 2 p.m. on the National Mall to call for passing immigration reform this year. Reform Immigration for America, a coalition of immigration reform organizations, is staging the event.

Within this larger protest, a contingent of about 200 protesters is set to advocate for LGBT inclusion in immigration reform, and in particular, a provision to help same-sex bi-national couples.

Because same-sex couples don’t have federal marriage rights that are available to straight couples, LGBT people in same-sex relationships with a foreign national cannot marry their partner to allow them to stay in the U.S.

Under current immigration law, an estimated 36,000 same-sex bi-national couples are kept apart or are in danger of separation. Standalone legislation in Congress known as the Uniting American Families Act would allow LGBT people to sponsor their partners for permanent residency.

Advocates of UAFA are trying to include the legislation as a provision in comprehensive reform — and are taking part in the rally to ensure their presence is visible within the larger immigration movement.

Steve Ralls, spokesperson for Immigration Equality, a group advocating for UAFA, said the rally will be “a visible reminder” to Congress and the Obama administration on keeping their pledge to tackle immigration reform in 2010.

“In fact, I would say that it has already been effective,” Ralls said. “The president last week called key senators to the White House and began holding meetings about how to address this issue, and I have no doubt that the march on the Mall helped to spur those meetings along.”

Among those participating in the rally is Laurie Larson, a 56-year-old Arlington, Va., resident, who’s marching on behalf of two friends who were torn apart.

Joe and Steve, former D.C. residents, lived in the District for 10 years together until Joe was laid off from his position as a structural engineer in 2009. Joe and Steve asked to be identified only by their first names. Because of the nature of his visa, Joe was able to stay in the United States for only six months after he lost his job. The couple is now separated, but planning a move to Canada so they can stay together.

Larson, who’s straight, said she’s taking part in the rally — after having participated in a LGBT rally for immigration reform in October — because she thinks the situation is “totally ludicrous.”

“It’s incumbent upon us to keep the issue in front of people,” she said. “We’ll continue to keep the issue in front of Congress and our representatives and the public at large. To me, it’s really one of the last civil rights issues of the 21st century.”

Also participating in the rally is Emmanuel Garcia, the Chicago-based host of “Homofrecuencia,” the only Spanish language LGBT radio show in the United States. He’s bringing about 100 LGBT people on a bus to participate in the D.C. protest.

For Garcia, who’s gay, participating in the march is not just about drawing attention to UAFA, but showing that LGBT immigrants are among those who are part of the immigration movement.

“We’re focused on a more complex conversation on immigration reform,” he said. “We also understand that there are a lot of LGBTs who would benefit from immigration reform under this bill without the Uniting American Families Act included.”

Garcia said passage of immigration reform would allow LGBT immigrants — even without the passage of UAFA — to remain in the U.S. if they don’t have a partner to sponsor them for residency.

“We have people who have come out as gay, lesbian and bisexual who are also coming out as undocumented,” he said. “Some of those stories relate to both experiences — what it’s like to come out as LGBT, what it’s like to come out in a society that doesn’t accept that doesn’t want to give a certain group rights because they don’t feel they deserve them.”

As advocates come to rally on the National Mall, Sens. Chuck Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) are developing comprehensive immigration reform legislation in the U.S. Senate. Earlier this month, both senators met with Obama at the White House to discuss moving forward with the legislation.

But whether these senators will include UAFA in their legislation is unknown. Neither Schumer nor Graham’s office responded to DC Agenda’s requests to comment on the inclusion of UAFA in their bill.

Still, Ralls said he’s “optimistic” that the comprehensive legislation will include a provision for bi-national same-sex couples.

Ralls said Schumer noted during congressional testimony last year that he thought it was appropriate for immigration reform to include a UAFA-like provision. Ralls also noted that Sen. Patrick Leahy (D-Vt.), chair of the Senate Judiciary Committee, is the sponsor for the standalone version of UAFA in the Senate.

“Our hope and expectation is that with two champions as strong and influential as that, that we have a very good shot of being included,” Ralls said.

It’s also unclear when Schumer and Graham will make their bill public — and when they do, if enough time remains in the legislative calendar to pass immigration reform this year. With limited time remaining before lawmakers break to campaign for mid-term elections, other major issues such as financial reform and climate change legislation could take precedence over immigration.

Ralls said he hopes the senators will introduce their legislation sometime this spring and noted that Schumer has “remained steadfast in his desire to introduce the legislation just as soon as we can.”

Asked whether enough time remains this year for Congress to take on immigration reform, Ralls replied, “The short answer is I hope so.”

“I know that Sen. Schumer is working very hard to build the coalitions in the Senate and to bring people together to make that happen,” he said.

Despite advocates’ push for including a provision for UAFA as part of comprehensive immigration reform, a number of uncertainties and obstacles are in the way. One issue is whether Graham, who has a conservative voting record, would be open to including UAFA. The Human Rights Campaign gave him a score of 0 out of 100 on its most recent congressional scorecard.

But Ralls said he hopes Republicans such as Graham would allow for the inclusion of UAFA in the comprehensive reform because such a provision would strengthen families in the U.S.

“Republican lawmakers are going to take a strong stand in favor of family unification as a priority in the comprehensive bill,” Ralls said. “Lesbian and gay families are a natural fit for family unification issues.”

Ralls added that if Schumer and Graham can work together to create a bill that boasts bipartisan support for other issues — such as creating a path to citizenship for immigrants — UAFA “will not be a make-or-break situation.”

Another uncertainly is the degree to which the White House would support passing UAFA as part of comprehensive reform, particularly if administration officials believe including the provision would complicate passage of the larger bill.

The White House has expressed support for both UAFA and comprehensive immigration reform as individual items, but hasn’t endorsed passing them together as one larger package.

In response to a query on whether Obama would support passing UAFA this year as part of immigration reform, Shin Inouye, a White House spokesperson, said in a statement the president’s “commitment to fixing our broken immigration system remains unwavering, and he continues to hope for bipartisan leadership on legislation.”

“He has told members of both parties that if they can fashion a plan, he is eager to work with them to get it done and he has assigned Secretary [of Homeland Security Janet] Napolitano to work with stakeholders on that effort,” Inouye said.

Ralls said he thinks it would be “logical” for the White House to endorse UAFA as part of comprehensive reform if the administration favors passage of both legislative items.

“My belief is that they would like to see UAFA passed and that they are committed to comprehensive reform — and it just seems logical to me that the two go well together,” Ralls said. “If we’re going to have a comprehensive bill, it should be truly comprehensive and include lesbian and gay immigrants, too.”

But opposition from the Catholic Church — a strong voice for the Hispanic community seeking immigration reform — could be an obstacle. Last year, the U.S. Conference of Catholic Bishops came out against UAFA and said they couldn’t support immigration reform if a provision for LGBT couples were included in the larger legislation.

Ralls said the Conference of Catholic Bishops is “a sole minority voice,” though, among religious groups that have stated positions on the legislation. He said Methodists, Episcopalians, Unitarians and Jewish groups are among the religious organizations supporting UAFA.

“The list of faith groups who are committed to immigration reform that includes lesbian and gay families is very long and diverse,” Ralls said. “At the end of the day, people of faith should support keeping children with parents and families together and, in my view, it is the Christian thing to do.”

Also lacking among the advocacy groups is unanimity in favor of including UAFA as part of the larger bill.

Reform Immigration for America, an umbrella group for organizations calling for comprehensive reform, hasn’t stated a position on including UAFA in a larger bill. The organization didn’t respond to DC Agenda’s request to comment on its position.

Still, other groups supporting immigration reform have come out in favor of including UAFA in comprehensive reform. The Fair Immigration Movement, a project with the Center for Community Change, endorsed inclusion of UAFA earlier this month.

Marissa Graciosa, director of FIRM, said in a statement that her project supports the inclusion of UAFA to keep couples together.

“There is power in our diversity, but we must honor that diversity,” she said. “And it starts with keeping all families from all backgrounds together. This is why we support the Uniting American Families Act.”

Ralls said Immigration Equality is an active member for Reform Immigration for America and is working to bring organizations within that umbrella group in favor of UAFA inclusion.

In addition to FIRM, Ralls said the Mexican American Legal Defense & Educational Fund has noted the importance of including same-sex couples in immigration reform.

“So there are organizations within the immigration movement — both faith groups and immigrant groups that have been very vocal in their support of our inclusion,” 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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