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Frank: ‘Zero chance’ for LGBT bills next year

Gay congressman hopeful on ‘Don’t Ask’ repeal in lame duck

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Gay U.S. Rep. Barney Frank (D-Mass.), who won re-election last week in one of his toughest challenges, said LGBT legislation would have no chance of passing in Congress under the Republican-controlled House next year.

In an interview Tuesday with the Washington Blade, Frank also said he was confident that the Senate, of which Democrats retained control, would join President Obama in blocking any anti-gay bills that conservative Republicans might introduce over the next two years.

“Next year there’s no chance of anything happening,” he said of pro-LGBT legislation. “There’s zero chance.”

He added, “It will be a status quo. They don’t have the votes to hurt us but we don’t have the votes to advance anything in the cause.”

Frank also said he was certain that Republicans would fail in an attempt to overturn D.C.’s same-sex marriage law.

“Do you think Barack Obama is going to sign a bill to repeal the D.C. marriage law,” he asked. “It won’t go through the Senate. There is no chance that could happen. None—zero.”

Frank noted that only five out of 179 House Republicans voted earlier this year to repeal “Don’t Ask, Don’t Tell.”

“The Republicans have become much more anti-gay in their voting patterns,” he said. “There is zero chance of anything good happening with Republicans in control of the House.”

Frank said he was hopeful that the Senate would vote to repeal “Don’t Ask, Don’t Tell” in the congressional lame duck session over the next two weeks. The House passed a “Don’t Ask, Don’t Tell” repeal measure earlier this year as part of a defense authorization bill.

The Senate killed a similar defense authorization bill containing “Don’t Ask, Don’t Tell” repeal language in a filibuster organized by Sen. John McCain (R-Ariz.). Every Senate Republican voted against a cloture motion to break the filibuster.

Frank noted that a number of GOP senators cited the Senate bill’s inclusion of a controversial immigration provision known as the DREAM Act as their reason for voting against the bill, saying they otherwise would have supported repeal of “Don’t Ask, Don’t Tell.”

He said Senate Majority Leader Harry Reid (D-Nev.) told him he won’t insert the DREAM Act immigration language in the defense authorization bill when he brings it to the Senate floor in the lame duck session.

With the immigration language removed as an “excuse,” Frank said he’s hopeful that Republican senators who support repeal of “Don’t Ask, Don’t Tell” will now join Democrats in supporting the overall defense bill to which repeal language will be attached. Among the GOP senators that repeal advocates hope will back the bill this time are Sens. Susan Collins and Olympia Snow, both from Maine.

In one of his first comments on a campaign ad by the conservative gay Republican group GOProud opposing him in his re-election race, Frank said the ad had little or no impact on the election.

He noted that his GOP opponent, Sean Bielat, opposes repealing “Don’t Ask, Don’t Tell” and is against “every other gay issue.”

“So I have no idea who these people are,” he said of the GOProud group. “And they have no influence whatsoever. The LGBT community in my district continues to be virtually unanimously supportive.”

The following is a transcript of the Blade’s interview with Rep. Frank, conducted on Nov. 8.

Rep. Barney Frank: I’ve been working today on “Don’t Ask, Don’t Tell.” In fact, I think it’s time for people to hold the Republicans’ feet to the fire because we didn’t get any votes from them. Last time around, they had the excuse – some of them – that they didn’t want to vote because [Senate Majority Leader] Harry [Reid] was going to put the DREAM Act in there on immigration. He now says he’s not going to put the DREAM Act in there. He’s going to put that in some other place. So now the question is why do Republicans — Sen. Snow, Sen. Collins and Sen. Brown — what reason would they have for voting against the whole bill?

And I spoke today to Pete Rouse [the acting White House Chief of Staff] and to Sen. Reid and Sen. [Richard] Durbin [D-Ill.] and Sen. [Carl] Levin [D-Mich.], and they all agree. They want to pass the defense bill with ‘Don’t Ask, Don’t Tell’ in it. They have two weeks. The question is whether Republicans filibuster it to death. But the Democrats are going to try very hard to do it. I think by the way, that’s why [Secretary of Defense Robert] Gates spoke out. I am sure, nobody’s told me this, but I’m sure the president said to Harry Reid, look, we’ve got to get this done. And Reid said fine, would it be helpful if I got some military support? And eventually Gates spoke out as he did.

Washington Blade: Your press person sent us a copy of your statement on that today.

Frank: I’ve spent — I made a lot of phone calls today. Plus, one fear was I saw, oh well, they’ll take ‘Don’t Ask, Don’t Tell’ back out of the defense bill. It won’t pass in the House if they do that. I believe the speaker wouldn’t allow it to come up.

Blade: Do you mean next year?

Frank: No, [Rep. John] Boehner [R-Ohio, who will become Speaker of the House in January] is not who I was talking about. The thought was that the Republicans would say if they took ‘Don’t Ask, Don’t Tell’ out of the [defense] bill this year in the lame duck session they would get it passed. And my answer is that’s not going to get them anywhere because we wouldn’t pass it in the House. We will not accept — there’s been some speculation about that — and the answer is no, the House—we’re going to tell the Senate that’s not going to work. And I don’t think the Senate is planning to do that. Harry is not planning to do that.

… ‘Don’t Ask, Don’t Tell’ repeal is in the defense authorization bill. What I just said was there was some suggestion that [Sen. John] McCain [R-Ariz.] would say strip that out and I’ll let you pass the defense bill. And the answer is that won’t work because the House won’t pass it. In other words, the Democratic leadership is thoroughly committed to getting ‘Don’t Ask, Don’t Tell’ repealed. The only question is — you know, Log Cabin says, oh, the Democrats couldn’t do it. Well they got us five Republican votes in the House … And no Republican votes in the Senate. The Democrats can’t do that all by ourselves without a single Republican supporter.

Blade: Did Harry Reid give an indication of when he might bring it up?

Frank: Right away — they only have two weeks. He’s committed to getting it done. He and I talked to the three — the Democratic leader, the Democratic whip, the Democratic committee chairman … They all agree they want to get it done. Unfortunately, if we have no Republican votes it can’t be done. So the question is will any Republicans and their supporters get us anything?

Blade: What’s the prospect of advancing LGBT-related bills next year, when the Republicans take charge of the House?

Frank: Next year there’s no chance of anything happening. There’s zero chance. We got five Republican votes out of 179 to repeal ‘Don’t Ask, Don’t Tell.’ The Republicans have become much more anti-gay in their voting patterns. There is zero chance of anything good happening with Republicans in control of the House.

Blade: Have you heard of anything about a Log Cabin supported gay-related tax reform bill? They won’t give us any details but the head of Log Cabin says that’s the first thing they’re going to work on next year and he thinks they might get Republican support.

Frank: If they’re suggesting that there will be Republican support for recognition of same-sex marriage that’s a lie and they know it. There’s no chance of that.

Blade: I asked them about that and he wouldn’t give me details but —

Frank: Yes, the Log Cabin club would like to make it easier for taxing – they would like to reduce taxes for rich people. I understand that. But there will be no help for gay people. Now for some of them, I think their income is skewed pretty high anyway. So they’ll feel good about it. But, no, there is zero chance that the Republicans will do anything that would recognize same-sex couples.

Blade: What about ENDA? He did say they would try to move ENDA.

Frank: There is zero chance of them doing anything on ENDA — zero.

Blade: Then the next step is whether the Republican majority or some Republicans will try to harm gay people such as attempting to repeal D.C.’s same-sex marriage law.

Frank: They can’t. That would take the president and the Senate … Do you think Barack Obama is going to sign a bill to repeal the D.C. marriage law? It won’t go through the Senate. There is no chance that could happen. None, zero.

Blade: So essentially it’s going to be a standstill?

Frank: It will be a status quo. The one thing we have a chance for is ‘Don’t Ask, Don’t Tell’ repeal in this lame duck session. And we can get that if we get any Republican cooperation. … On the other hand, they don’t have the votes to hurt us but we don’t have the votes to advance anything in the cause.

Blade: What’s your prediction on Nancy Pelosi’s decision to run for the Democratic leadership post as House Minority Leader?

Frank: Oh, she’ll win.

Blade: Your press spokesperson said you are supporting her.

Frank: I’m supporting her. I think she’ll win. … And from the LGBT standpoint, nobody’s going to get elected to any Democratic [leadership] office who isn’t 100 percent supportive.

Blade: In terms of your re-election campaign, did the ad attacking you from the conservative gay Republican group GOProud have any impact?

Frank: I don’t think anybody knew about it. Can you answer a question?

Blade: Yes.

Frank: What is it they are proud of? Does anybody know?

Blade: I guess they say they’re proud of being Republicans.

Frank: You guess? My [opponent, Republican Sean Bielat] was against repeal of ‘Don’t Ask, Don’t Tell.’ He did not take a single pro-gay position.

Blade: Their ad said they supported him because you were ‘catty.’

Frank: It means that these are people who have no interest in advancing gay causes, and I have no idea what it means. He’s a guy who’s against ‘Don’t Ask, Don’t Tell’ repeal, against every other gay issue and ran an ad in the YouTube, which I never saw, which two newspaper editorials condemned as anti-gay — two separate newspapers have condemned it as anti-gay. So I have no idea who these people are. And they have no influence whatsoever. The LGBT community in my district continues to be virtually unanimously supportive.

Blade: How do you feel about your role on the House Financial Services Committee under Republican leadership? [Frank will lose his position as chair of the highly influential committee in the GOP-controlled House in January.]

Frank: I believe we will be able to defend the financial regulation reform. Of all the issues, that was the one where we are on the most popular side. If they try to undo the consumer protection or other stuff, we’ll be able to block them.

Blade: And are you going to serve as the ranking minority member on the committee?

Frank: Yes.

Blade: Will the Democrats be reshuffling committee chairs in the new Congress?

Frank: Well everybody that’s returning will stay. Obviously there are some vacancies.

Blade: Concerning the health care reform law, do you think that will stay intact?

Frank: They can’t change it legislatively. They may try to un-fund it. That will be what they will try to do. Thank you.

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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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