National
Gibbs unaware of outreach to change Senate ‘Don’t Ask’ votes
W.H. spokesperson touts meeting as part of path to end law
White House Press Secretary Robert Gibbs said Tuesday he’s unaware of any outreach the president has done in the Senate to advance “Don’t Ask, Don’t Tell” repeal. But he touted an upcoming meeting with LGBT advocates as evidence of the president’s desire to end the military’s gay ban.
Asked by the Washington Blade whether the president has made any outreach attempts to encourage senators who voted “no” on moving forward with repeal to vote “yes” a second time around, Gibbs replied that no such outreach has taken place to his knowledge.
Still, Gibbs acknowledged that the only way the Senate could move forward with the fiscal year 2011 defense authorization bill — to which repeal language is attached — is to change some of those votes.
“To my knowledge, it hasn’t taken place yet, but, look, the only way we’re going to get something through the Senate is to change the vote count,” Gibbs said.
The White House spokesperson noted there is “a promised filibuster” in moving forward with “Don’t Ask, Don’t Tell” repeal in the lame duck session. Sen. John McCain (R-Ariz.) has pledged to renew his objection to moving forward with the bill should it come up again this year.
“You’re going to have to get past a promised filibuster in moving to the bill,” Gibbs said. “And certainly, the only way we can move to that bill is to change some of those votes.”
Sources have told the Blade that a meeting is scheduled to take place on Tuesday between White House officials and repeal advocates. Gibbs said he expects the officials in attendance will express the same commitments that he has made regarding the president’s pledge to ending “Don’t Ask, Don’t Tell.”
“The president wants the defense authorization act and that repeal passed,” Gibbs said. “That is the basis for the meeting today and I think the president and the administration have committed to working to see that through.”
The White House press secretary also addressed a recently leaked e-mail stating that any discussion of pending litigation on “Don’t Ask, Don’t Tell” would prompt administration officials to terminate the meeting. Gibbs noted some participants in the lawsuit are plaintiffs in Log Cabin v. United States.
“I don’t think either side believes that those type of conversations about the litigation between two parties represented in a lawsuit is appropriate,” Gibbs said.
Asked about any contingency plan for ending “Don’t Ask, Don’t Tell” in the event the Senate is unable to pass repeal, such as issuing a stop-loss order, Gibbs replied that the White House is “focused on an endurable repeal of a law that the president thinks is unjust.”
Gibbs also said he couldn’t immediately say whether the White House or repeal advocates initiated the meeting.
Additionally, Gibbs added it is the “hope” of the White House that Congress can still pass “Don’t Ask, Don’t Tell” repeal regardless of what happens on Election Day. Pundits expect Democrats to sustain to heavy losses and lose control of the House.
“We’re approaching the beginning of December, which is when the Pentagon’s study of implementation and of the attitudes of the military will be complete,” Gibbs said. “The president believes — continues to believe that this is a law that — the end of this law — the time for the end of this law has come.”
Both the Blade and The Advocate questioned Gibbs on “Don’t Ask, Don’t Tell” during the news conference. A transcript of the exchange follows:
Blade: Robert, on “Don’t Ask, Don’t Tell,” I understand a meeting is taking place today with — between the White House and repeal advocates. What commitments is the White House going to be offering during this meeting in the effort to repeal the law?
Gibbs: Well, the same — likely the same commitments that I have enumerated in here, and that is our desire to see the defense authorization bill pending before the Senate taken up. That includes a repeal of “Don’t Ask, Don’t Tell” as the House has already voted on. The president wants the defense authorization act and that repeal passed. That is the basis for the meeting today and I think the president and the administration have committed to working to see that through.
Blade: I want to follow up on that. Is among the commitments — is among the commitments reaching out to senators who may have voted “no” in September to get them to change their votes to vote “yes” in lame duck. Has that taken place yet?
Gibbs: No, to my know — to my knowledge, it hasn’t taken place yet, but, look, the only way we’re going to get something through the Senate is to change the vote count and to move past — look, you’ve got to get — you’re going to have to get past a promised filibuster in moving to the bill. And certainly, the only way we can move to that bill is to change some of those votes.
Blade: It’s been reported that any discussion of litigation on “Don’t Ask, Don’t Tell” during this meeting would terminate the discussion. Why is that?
Gibbs: …Again, understand that some of the participants in the meeting are with groups that are in litigation as a plaintiff where the United States government is the defendant. I don’t think either side believes that those type of conversations about the litigation between two parties represented in a lawsuit is appropriate.
Blade: Who initiated the meeting? You or them?
Gibbs: I don’t know the answer to that at this point.
Blade: Just one last question: is the president … expecting repeal legislation on his desk by the end of this year regardless of what happens at the polls next week?
Gibbs: That’s our hope. Again, our desire and our hope and the president’s commitment is that he will work to see this past. This is — look, we’re approaching the beginning of December, which is when the Pentagon’s study of implementation and of the attitudes of the military will be complete, and the president believes – continues to believe that this is a law that — the end of this law – the time for the end of this law has come.
The courts are signaling that, and certainly it’s been his political belief going back when I met him in 2004 — that was his position.
Advocate: Any sense of what that report looks like? Has anyone in the White House had a chance to see some of the [pre-runs] of that — the DOD report?
Gibbs: Not to my knowledge. The last time I was — I heard about this and nobody in his building had seen that.
Advocate: In terms of contingency planning, I know this is your favorite subject, but, look, there’s a very real possibility this doesn’t go through. I know you guys want it to. I know that’s the meeting today, but if it doesn’t go through, is something like stop-loss on the table? [It’s] perfectly within the president’s authority, by the way, in a time of war.
Gibbs: I think that, look, you’ve seen steps that have been taken over the past several days at the Pentagon involving service secretaries, you have a sitting chair of the Joint Chiefs who believes it’s time for this law to end [and] the president working closely with the secretary to make that happen. Our efforts in the short term will be focused on an endurable repeal of a law that the president thinks is unjust — and that’s where our focus will be.
Watch the video of the exchange here:
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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