National
Democrats in danger and playing defense
Pro-LGBT Senate allies Reid, Feingold, Boxer face tough re-election battles
U.S. Senate Majority Leader Harry Reid is one of several pro-LGBT lawmakers facing a tough battle for re-election this fall. (Photo courtesy of Reid's office)
Several veteran senators viewed as supportive of LGBT rights are facing tough re-election campaigns, prompting some activists and lobbyists to gear up for a defensive battle this fall.
Mike Mings, director of the Human Rights Campaign’s political action committee, said his organization is “certainly aware” that Democrats face a more difficult environment than in the previous two congressional elections.
“I think the Democrats were able to play offense in the last two cycles in a way that has created a different field today,” he said. “So, they’re [now] really looking at defense.”
Recently published polls brings into stark relief the troubling news for several incumbent U.S. senators. Rasmussen unveiled numbers last week showing Senate Majority Leader Harry Reid (D-Nev.) trailing potential Republican opponents by double digits.
According to the polls, Reid would lose in a match with former Nevada Republican Party Chair Sue Lowden, 54-39; in a contest between Reid and former State Assembly member Sharron Angle, he trails 51-40; and in a contest against attorney Danny Tarkanian, Reid comes up short again, 49-42.
Viewed as an LGBT ally on Capitol Hill, Reid was involved last year in the decision to attach the hate crimes bill to the defense authorization bill and has often spoken in favor of ending “Don’t Ask, Don’t Tell” in the U.S. military.
Also last year, Reid was the highest-ranking elected public official to endorse the National Equality March in D.C. A Mormon, Reid also reportedly criticized the Church of Jesus Christ of Latter-day Saints for backing Proposition 8, which ended same-sex marriage in California.
Another longtime senator who could face an uphill re-election fight is Sen. Russ Feingold (D-Wisc.). A Wisconsin Public Radio/St. Norbert College poll published last week found him behind Tommy Thompson, a former Wisconsin governor and former secretary of the U.S. Department of Health & Human Services who’s reportedly considering entering the Senate race.
In a hypothetical matchup, Feingold would lose to Thompson 45-33, according to the poll.
In 1996, Feingold was one of 14 senators to vote against the Defense of Marriage Act. Now a co-sponsor of the Employment Non-Discrimination Act and legislation to overturn “Don’t Ask, Don’t Tell,” Feingold introduced a resolution earlier this year to condemn legislation pending in Uganda that would institute the death penalty as punishment for those convicted of homosexual acts.
Also facing a tough re-election bid is Sen. Barbara Boxer (D-Calif.). A poll published late last month by the Public Policy Institute of California found her in a dead heat with three potential Republican opponents.
According to the poll, Boxer would be essentially tied with former congressman Tom Campbell, with him leading 44-43. She would also be in a dead heat with former Hewlett-Packard CEO Carly Fiorina, with Boxer leading 44-43. Late last month, The Hill newspaper’s election forecasters moved the race from “leans Democratic” to “toss-up.”
Boxer was also among the 14 senators to vote against DOMA in 1996. A co-sponsor of ENDA and of legislation to overturn “Don’t Ask, Don’t Tell,” Boxer last month introduced a bill that would allow same-sex domestic partners to have the same access to COBRA benefits as married couples in some circumstances.
Rose Kapolczynski, Boxer’s campaign manager, said the senator has “always expected a tough race” and has been “working for months to build a broad coalition of Californians from every background and walk of life.”
“With the active involvement of our supporters in the LGBT community and so many others, we will be able to reach out to the millions of Californians who will vote in November,” Kapolczynski said. “We need to do more to let California voters know that Barbara Boxer is focused on creating jobs and turning the economy around.”
The campaigns for Feingold and Reid didn’t respond to DC Agenda’s request for comment.
Mings said he couldn’t predict whether these senators would emerge victorious in their re-election campaigns. Still, he noted that they have an advantage because they’re incumbents, who traditionally fare better in elections.
“It’s not necessarily as big an advantage this year to be an incumbent as it is in other cycles, but it’s still [a] humongous advantage to be [an] incumbent, in terms of visibility, in terms of the organization and operations that they have, so I certainly wouldn’t count any of them out,” Mings said.
Hari Sevugan, press secretary for the Democratic National Committee, said in a statement that it’s important for LGBT people to support these Democrats in their re-election campaigns because the party “values equality, inclusion and fairness.”
“From expanding partnership benefits in the workplace to lifting the ban on travel for those living with HIV/AIDS, from passage of hate crimes legislation to beginning to end [‘Don’t Ask, Don’t Tell] — we have worked to advance gay-rights in all corners of our society,” he said. “It’s not where we want to be yet, but we are moving forward.”
Sevugan warned “the progress we made could be lost” and “we could once again move backward” if Democrats aren’t re-elected or lose their control of Congress.
“We’ve seen what’s happened in Virginia where a Republican governor has taken the Commonwealth backward in history,” he said. “That is why we are committed to working with the LGBT community to elect allies that will continue to move the country toward fulfilling its promise of equality and justice for all.”
Mings said HRC has already given the maximum allowed donations of $10,000 each to Reid and Boxer to help them with their re-election campaigns. For Feingold’s race, Mings said HRC is waiting to see if Thompson will enter the fray.
“If he does, obviously, that changes our calculation quite a bit,” Mings said. “We need to step in and make sure that we’re engaging our membership in Wisconsin as much as possible to help [Feingold].”
In addition to moving to protect senators, Mings said HRC donated the maximum of $5,000 last year to many vulnerable allies in the U.S. House who are part of the Democratic Congressional Campaign Committee’s Frontline Program.
“We don’t support all of those folks because some of them are pretty conservative Southerners or just conservative Blue Dogs, but we did make endorsements of a lot of those folks in late 2009 and made PAC contributions to them to try and help them with early money to boost their early financial filings,” Mings said.
Marty Rouse, HRC’s national field director, said his organization for now is focused on field work that seeks to persuade key senators to vote in favor of “Don’t Ask, Don’t Tell” and is “still trying, where we can, to mobilize in support of ENDA, expecting a vote in the House in next couple weeks.”
But around mid-to-late summer, Rouse said HRC will “pivot big time and shift all of our resources” to re-electing supporters in Congress, especially in the Senate.
“Clearly it’s going to take a few months to really flesh out, but our membership is already being messaged that our No. 1 priority this fall is going to be to re-elect our friends and mobilize our members as much as possible,” Rouse said.
Rouse said HRC will be as “strategic as possible” in determining the best way to support its allies, but it’s too early to say what exactly the plan will be. Rouse noted that polling data for these races is still early and many states still have primary elections.
“What is clear right now is that we’ll be spending the significant amount of our resources on defense and protecting our friends and making sure that they’re back there in 2011 and beyond,” he said.
Even with HRC’s field team working to re-elect these senators, Rouse said it’s important for LGBT people to look to themselves to ask what they’re doing to help in the election.
“One can discuss and look at the polls about where Harry Reid is, how’s he doing, and what’s going on, but the fact of the matter is we need to make sure that anyone we know that lives in Nevada is working as hard as they can to help re-elect Harry Reid,” Rouse said. “So we can ask those questions, but we really have to ask, ‘What are you doing to make sure that Harry Reid gets re-elected? What are you doing to help make sure Barbara Boxer gets re-elected?’”
Rouse said it’s important that LGBT people are visible and working to help the re-election of congressional supporters.
“Once we’re in full election mode, we need to be there on the campaign trail supporting our allies and working really hard to be visible in helping them be re-elected because they will remember that we are there,” he said.
But could incumbent lawmakers become victims of political apathy among LGBT people if legislative priorities like ENDA and repeal of “Don’t Ask, Don’t Tell” don’t move this year?
Michael Cole, an HRC spokesperson, said LGBT voters are “certainly” looking to this Congress for “action on pressing equality issues” and will be mindful of this progress as November approaches.
“That being said, there are a number of pro-LGBT champions up for reelection this year who have the record to deserve whole hearted support from the community,” he said.
But Jimmy LaSalvia, executive director for GOProud, a gay conservative group, said LGBT voters should carefully consider whether to support incumbent lawmakers this year.
“There [are] a lot of issues that gay people care about and there isn’t a single one of those Democrats, in my opinion, who have done anything that I would deem worthy of re-election,” LaSalvia said. “So ask yourself as a gay voter, ‘Well, what have they done that I agree with?’ And I’ll bet you that gay and lesbian [voters] can look at any of those senators and say, ‘You’re fired!’”
Should enough Democrats lose their seats this fall, control of either chamber of Congress could switch hands. Republicans would have to take 10 seats in the Senate and 41 seats in the House to regain control of both chambers of Congress. Such a loss of control would recall the 1994 election, when Republicans retook control of the House and Senate during Democratic President Bill Clinton’s first term in office.
LaSalvia said it’s too early to tell whether Democrats will lose control of Congress this fall, but noted that the situation would become clearer as the year progresses.
“I think it’s way too early to tell, but certainly they would lose seats, and all signs [show] gains by the Republicans,” he said. “I think that we’ve got a long summer ahead of us and the electoral picture and landscape will be a lot clearer when we get to September.”
Mings said he didn’t think Democrats would lose control of Congress because not enough seats are in jeopardy, but he noted that polling and fundraising numbers indicate the party will lose some seats.
“So the thing that’s important to remember is that a lot of people were caught off guard in 1994, and that’s something the Democrats are not going to let happen this time,” he said. “They’re really making sure that their folks are prepared for a really tough, brutal, expensive election and they’re out there really trying to show that their candidates are doing that.”
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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