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Obama earns mixed reviews on LGBT progress

Is the president our ‘fierce advocate’ or a disappointment?

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Once hailed as a ‘fierce advocate’ of LGBT equality, President Obama now inspires mixed reviews from activists. (Photo by Pete Souza; courtesy of the White House)

After 18 months in office, the harsh realities of politics and compromise have caught up to President Obama. Hailed as a champion of LGBT rights during the 2008 campaign, LGBT rights advocates now give Obama mixed reviews for his performance to date.

In a statement to the Blade, Joe Solmonese, president of the Human Rights Campaign, said “there’s no doubt” that Obama has done more for LGBT people than any other U.S. president in history.

“Within the constraints of current law, he’s advanced policies that will vastly improve the lives of tens of millions,” Solmonese said. “Has change occurred quickly enough? No. The pace of change will never be quick enough for a community that is consistently denied their equality.”

Solmonese noted that LGBT people continue to face inequality on “a whole host of fronts” that could be remedied through legislative or policy change.

“But none of that obscures the fact that this president has and will continue to be our partner and advocate,” Solmonese said.

But Richard Socarides, a gay New York attorney who was an adviser to former President Clinton, has a very different view of Obama’s tenure. Socarides said there’s a “pretty strong consensus that it’s been a disappointing 18 months.”

Among Obama’s early disappointments, Socarides said, was the invitation to Rick Warren, pastor of the Saddleback Church in California and staunch opponent of same-sex marriage, to give the invocation during last year’s inauguration.

More recently, Socarides said he was unhappy that Obama approved a “Don’t Ask, Don’t Tell” repeal compromise that “did not include a non-discrimination rule, nor even actual repeal.”

“When Obama took office, these were our priorities: open military service, a federal statute banning workplace discrimination, and repeal of federal anti-marriage laws,” Socarides said. “You tell me how we’re doing.”

Socarides also criticized the White House for failing to install a senior official whose primary responsibility is LGBT rights, much like the role he held in the Clinton administration.

“There is no gay person in Obama’s inner circle, period,” Socarides said.

Shin Inouye, a White House spokesperson, said Obama ran on a commitment to bring change to all Americans — including LGBT people — and since taking office, the president has “taken many steps toward achieving that goal.”

Inouye noted the signing of federal hate crimes legislation as among Obama’s accomplishments for LGBT people and said the president looks forward to signing more pro-LGBT legislation.

“The president and his administration remain committed to achieving equality for all, and it’s clear that we’re moving forward,” Inouye said.

Two years ago, he issued an open letter during Pride month outlining his promises to the LGBT community.

“I’m running for president to build an America that lives up to our founding promise of equality for all — a promise that extends to our gay brothers and sisters,” Obama wrote at the time. “It’s wrong to have millions of Americans living as second‐class citizens in this nation. And I ask for your support in this election so that together we can bring about real change for all LGBT Americans.”

In the letter, Obama pledged to “place the weight” of his administration behind the enactment of hate crimes protections legislation and to pass a trans-inclusive Employment Non-Discrimination Act.

Obama has sometimes been credited with having a role in the decision to advance the hate crimes legislation last year as an amendment to defense authorization legislation.

Progress on ENDA, on the other hand, has been stagnant. The bill remains pending before committees in the House and Senate and many supporters are concerned that lawmakers won’t take up the bill by year’s end.

Mara Keisling, executive director of the National Center for Transgender Equality, noted that Obama “exerted appropriate influence” in guiding the hate crimes legislation toward passage.

On ENDA, Keisling said the administration has been “as helpful as they can be” to this point, and she expects the president “will be a lot more helpful once it starts moving.”

At this point, Keisling said “there really hasn’t yet been much for them to do” on ENDA.

Keisling noted that for congressional hearings on ENDA last year in the House and Senate, the administration sent officials who provided “really great testimony” in favor of moving forward with the legislation.

“If the president had prioritized ENDA instead of, I don’t know, health care reform or financial reform or bank bailouts, we’d be better off, but he prioritized what he prioritized,” she said. “I’m very hopeful that when ENDA does start moving, the White House will be extremely supportive and will help get it done.”

Also in the letter, Obama promised to “use the bully pulpit” to urge states to treat same-sex couples equally in their family and adoption laws. He additionally advocated for the establishment of civil unions as the best way to advance rights for LGBT couples.

“But I also believe that the federal government should not stand in the way of states that want to decide on their own how best to pursue equality for gay and lesbian couples — whether that means a domestic partnership, a civil union, or a civil marriage,” Obama wrote.

Additionally, the presidential candidate said he supported “complete repeal” of the Defense of Marriage Act.

“Federal law should not discriminate in any way against gay and lesbian couples, which is precisely what DOMA does,” Obama wrote.

Obama has stuck to his position on same-sex marriage as several jurisdictions — such as Iowa, Vermont, New Hampshire and D.C. — have advanced marriage rights for same-sex couples. The White House has either said nothing in response to those developments or reiterated that Obama prefers civil unions.

Evan Wolfson, executive director of the New York-based Freedom to Marry, said Obama has “taken some positive steps” in advocating for same-sex couples, but hasn’t “matched his actions to his words.”

Wolfson said Obama should be leading the fight to repeal DOMA legislatively through the Respect for Marriage Act, a bill pending in the U.S. House, and should stop urging judges to “rubberstamp” DOMA in Justice Department briefs defending the statute against legal challenges.

“And, most importantly, he should make the case to the American people that same-sex couples deserve fair and equal treatment under the law — using personal stories and appeals to values such as fairness, respect for commitment and the Golden Rule,” Wolfson said.

Another item that Obama mentioned in the letter is repeal of “Don’t Ask, Don’t Tell.” Late last month, Congress voted in favor of a compromise measure that would end the law after the Pentagon completes its study on the issue at the end of the year.

Alex Nicholson, executive director of Servicemembers United, said the White House’s endorsement of the compromise the week that Congress voted on it was helpful in finding the votes needed to advance the measure.

“The fact that the White House was willing to come out and publicly support a repeal plan and get the Pentagon to do the same was a critical element in getting that passed in the Senate Armed Services Committee,” Nicholson said.

Still, Nicholson said he didn’t know how involved Obama was in lobbying members of the House and Senate directly to vote in favor of repeal once the deal was reached.

Also in the letter, Obama pledged to work to address HIV/AIDS, arguing that “we do not have to choose between values and science” in working to fight the epidemic.

“While abstinence education should be part of any strategy, we also need to use common sense,” he wrote. “We should have age‐appropriate sex education that includes information about contraception.”

Carl Schmid, deputy executive director of the AIDS Institute, said he had mixed feelings about Obama’s track record on the matter.

“There have been a lot of positives, but there still needs to be greater attention in response and resources,” he said.

Schmid said Obama has followed through on his plans to confront HIV/AIDS through scientific means and has set out to eliminate “abstinence-only” sex education programs through the budget process.

But Schmid noted the abstinence-only sex education programs were reinstated by amendment in the passage of the health care reform legislation.

“It’s not in the appropriations bill, but it’s in the managerial program now, just like it was in the past,” he said.

Schmid cited the reauthorization of the Ryan White Care Act as an accomplishment regarding HIV/AIDS, as well as passage of health care reform legislation, which he called a “huge, huge, huge accomplishment.”

He said the White House was of limited help, though, in pushing to renew funding under the Ryan White Care Act.

“The administration was very slow in getting their principle and positions out on getting the Ryan White reauthorized,” he said. “They didn’t speak out and early enough. Ryan White is up for renewal in 2013 — right before all this health care reform kicks in. We’re going to need the administration’s support for the continuation of Ryan White after 2013.”

Noting a national AIDS strategy is currently being developed in the White House, Schmid said he hopes the plan will provide the discussion of homosexuality at appropriate ages in sex education programs because HIV is often transmitted through men who have sex with men.

Schmid gave Obama credit for lifting the travel ban that prevented foreign nationals with HIV from entering the country, although he noted this process began under the Bush administration with the passage of the President’s Emergency Plan for AIDS Relief legislation.

Obama closed his letter by calling on people to step “outside our comfort zone” to win broader support for LGBT rights in places often considered homophobic, such as black churches.

“If we want to repeal DOMA, repeal ‘Don’t Ask, Don’t Tell,’ and implement fully inclusive laws outlawing hate crimes and discrimination in the workplace, we need to bring the message of LGBT equality to skeptical audiences as well as friendly ones — and that’s what I’ve done throughout my career,” Obama wrote.

In the letter, Obama noted that he spoke out against homophobia during the presidential campaign at the Ebenezer Baptist Church in Atlanta, Ga., where Martin Luther King, Jr. once preached.

Obama also spoke out against homophobia during a February speech at the National Prayer Breakfast in D.C., a gathering of Christian evangelical leaders. And late last month, Obama spoke in favor of LGBT rights during his keynote speech at the National Association for the Advancement of Colored People’s centennial convention.

Sharon Lettman, executive director of the National Black Justice Coalition, said Obama has “absolutely” been faithful to his promise of speaking out in favor of LGBT rights in places that are sometimes deemed unfriendly to LGBT people.

“I’ve experienced it on a number of occasions in predominantly black or all black venues,” she said. “Even in his normal stump speech, he makes reference to his support of LGBT equality.”

Lettman said as the first black president, Obama has a special role to play in educating black Americans about the LGBT community.

“He makes a point to always be inclusive,” she said. “He doesn’t selectively leave it out — not just in black churches, but in front of civil rights leaders and civil rights venues, like the NAACP convention, and other areas.”

Lettman said Obama is “definitely trying to paint a picture of one America” in his actions and his speeches.

“In so many ways, even in the progressive agenda, people don’t always select to include our community,” she said, “and I have to give him a lot of credit for making sure that he speaks with one voice about his support for LGBT equality.”

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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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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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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