National
Log Cabin says Boehner helpful on ‘Don’t Ask’ vote
GOP election victories shine spotlight on gay Republican group
Rep. John Boehner (R-Ohio), who is expected to become Speaker of the House in January, agreed to a request by the gay GOP group Log Cabin Republicans not to penalize House Republicans who voted in May for repeal of “Don’t Ask, Don’t Tell,” according to the group’s leader.
Log Cabin Executive Director R. Clarke Cooper said Boehner agreed to his request that the House minority leader not order a Republican whip count for an amendment to a defense authorization bill calling for repealing “Don’t Ask, Don’t Tell.” Whip counts are sometimes viewed as a means of pressuring members to vote the way party leaders want them to vote, and House GOP leaders, including Boehner, opposed the repeal amendment.
In what he called a conciliatory gesture, Cooper said Boehner agreed to his request to “no whip” the amendment during a conversation at a political event days before the House voted 234 to 194 on May 27 to approve it. Only five Republicans voted for the amendment, which was introduced by Rep. Patrick Murphy (D-Pa.).
“He did not do a whip count,” Cooper said. “And in the grand scheme of things it’s not the biggest deal on the planet. But I saw it as a positive indicator that he didn’t blow me off.”
The repeal measure died in a Senate filibuster. Senate Democratic leaders have promised to bring it up again later this month in a congressional “lame duck” session, but its prospects for passing are uncertain.
Meanwhile, with Republicans winning control of the House in Tuesday’s midterm elections, LGBT activists and Capitol Hill pundits will likely weigh Cooper’s interaction with Boehner as part of their assessment of whether gay Republicans will have access to and influence with House GOP leaders over pending LGBT legislation.
Although Democrats retained their control of the Senate, most political observers — including LGBT advocates — agree that major LGBT-related bills would have no chance of passing in Congress next year without the consent of Republican leaders like Boehner. And most observers believe House Republicans won’t allow gay bills to come to the House floor for a vote.
Cooper, however, said he and his Log Cabin team have a plan for persuading congressional Republican leaders to consider and agree to a vote on at least two gay bills. According to Cooper, one is an as yet to be unveiled tax reform bill that would address “tax inequities that affect the gay community.” The other is the Employment Non-Discrimination Act, or ENDA, which Democratic leaders declined to bring up for a vote during the past two years. The measure calls for banning employment discrimination based on sexual orientation and gender identity.
Cooper said the tax bill would appeal to “the broader conservative community” while addressing inequities in the gay community.
“We would be attracting new or additional allies that we’ve not had in the past,” he said. “There are several members of Congress right now who don’t have a record, good or bad, or who are unknown to our community. And this gives them an opportunity to put a toe in the water on doing pro-equality measures.”
Cooper said the tax bill, the details of which would be released at the start of the new Congress in January, would help pave the way for more Republican support for ENDA.
Other LGBT organizations issued statements Tuesday night saying the Republican takeover of the House and the increased number of Republicans elected to the Senate would essentially eliminate any chance of passing LGBT bills for at least two years.
National Stonewall Democrats, the Human Rights Campaign and the National Gay & Lesbian Task Force each released statements describing the new crop of Republican leaders as “anti-equality.”
HRC noted that Boehner; Rep. Eric Cantor (R-Va.), the expected new House majority leader; and Rep. Mike Pence (R-Ind.), the expected majority whip, each received an HRC scorecard rating of “0” on LGBT issues over the past two years.
D.C. Council member David Catania (I-At-Large), who won election to another term on Tuesday, said his opinion of the Republican Party as an impediment to LGBT equality hasn’t changed since he left the party in 2004 over its support for a constitutional amendment to ban same-sex marriage.
“If the question is what impact gay Republicans will have in a Republican-controlled Congress, the answer is none,” Catania said. “And if the last 10 years has demonstrated anything it’s that the Republican Party has no interest in a big tent, no interest in having gay Republicans at the table.”
“And the fact that gay Republicans continue to live in a fantasy land as if they mattered to the establishment in the GOP is mind blowing,” he said.
A spokesperson for House Speaker Nancy Pelosi (D-Calif.), who will be replaced as speaker by Boehner in January, gave an equally harsh assessment of the influence of gay Republicans under the new Congress.
“They have got to be drinking some serious Kool-Aid over at Log Cabin Republicans’ headquarters,” said Pelosi spokesperson Drew Hammill. “To think that a Republican majority would do anything to advance equality for the LGBT community is simply delusional.”
Mara Keisling, executive director of the National Center for Transgender Equality, which has been among the lead groups lobbying for ENDA, said she hopes Log Cabin does have access and influence over congressional GOP leaders.
But she noted that some of Log Cabin’s effort could be undercut by what appears to be a rival gay Republican group, GOProud.
Founded by conservative gay GOP activist Christopher Barron, who broke away from Log Cabin two years ago, GOProud received criticism from LGBT activists this fall for producing a campaign ad calling for the defeat of gay Rep. Barney Frank (D-Mass.). The ad accused Frank of being responsible for “the financial meltdown that devastated our economy” in his role as chair of the House committee that approved government bailouts for banks.
Other activists note that Log Cabin had its own financial meltdown in 2008, when money problems resulted in the layoff of its entire Washington staff. The group’s board and state and local chapters remained active and kept the group going until funds were raised to hire a new executive director and a small Washington staff.
Cooper and other Log Cabin supporters strongly dispute claims that congressional GOP leaders will ignore the group. They note that unlike the last GOP takeover of Congress, virtually none of the current crop of Republican candidates ran on an anti-gay or anti-same-sex marriage platform. Economic issues and the Tea Party-led revolt this year against “big government” overshadowed social issues like gay marriage, Cooper and other Log Cabin members said.
Richard Tafel, who served as Log Cabin’s executive director in the 1990s, told the Blade Tuesday that he believes the new GOP-controlled House will be far more receptive to LGBT equality issues than the GOP Congress he contended with nearly a decade ago.
“I think the Republicans have learned a very harsh lesson from the ‘90s, when I was there, which is gay bashing didn’t work. It was fundamentally a flaw … the Tea Party is all about fiscal responsibility,” he said, adding that the new GOP leadership will likely follow that path rather than expend resources opposing gay equality issues.
Gay Republican activist Jim Driscoll, who served on the Presidential Advisory Council on HIV/AIDS during the Bush administration, said Log Cabin’s influence “will be heavily dependent” on its willingness to support Republicans on non-LGBT issues like the economy and GOP positions on AIDS programs.
“Regardless of how Log Cabin fares, I believe that most Republican offices will be more receptive to openly gay Republicans than any time before,” Driscoll said. “Republicans will realize that this election was not won on social issues or gay baiting. In fact, nearly all Republican strategists and consultants advised their candidates to keep quiet or tone down on this one.”
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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