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Lieberman confident about 60 votes for ‘Don’t Ask’ repeal

Conn. senator says he’s received assurances from Collins, Lugar

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Sen. Joseph Lieberman (I-Conn.) is optimistic about "Don't Ask, Don't Tell" repeal in lame duck. (Blade photo by Michael Key).

Sen. Joseph Lieberman (I-Conn.) on Thursday expressed confidence about having the necessary 60 votes to move forward with legislation containing “Don’t Ask, Don’t Tell” repeal — provided certain conditions are met with the amendment process on the Senate floor.

“I am confident that we have more than 60 votes prepared to take up the defense authorization bill with the repeal of ‘Don’t Ask, Don’t Tell’ if only there will be a guarantee of a fair and open amendment process,” Lieberman said during a news conference. “In other words, whether we’ll take enough time to do it.”

Lieberman makes the remarks after Senate Majority Leader Harry Reid (D-Nev.) said on Wednesday he’s committed to bringing to the floor in the lame duck session the fiscal year 2011 defense authorization bill, which contains language that would repeal “Don’t Ask, Don’t Tell.”

The legislation would likely come up after Dec. 1, when a Pentagon working group is due to deliver a report to Defense Secretary Robert Gates on implementing repeal.

Lieberman said he’s received assurances from GOP senators Susan Collins (R-Maine) and Richard Lugar (R-Ind.) as well as “others privately” that they would be open to moving forward with defense legislation containing “Don’t Ask, Don’t Tell” repeal provided there’s an “open amendment process” in bringing the bill to the floor.

A previous attempt in September at bringing the defense authorization bill to the floor failed when a united GOP caucus — led by Sen. John McCain (R-Ariz.) — successfully filibustered the motion to proceed.

Many senators, including Collins and Lugar, who supported a repeal amendment in committee, said they were voting “no” because of limited amendments that senators would be allowed to submit for the legislation.

In September, Reid said he was permitting three amendments to the defense authorization bill: one to strip the bill of its repeal provision, one to address the “secret holds” that senators can place on presidential nominations and another to amend the defense legislation with the DREAM Act, an immigration-related bill.

Asked during the conference what he perceived as more open amendment process the next time around, Lieberman the exact terms are up for negotiation.

“It’s hard to put a number on it now,” Lieberman said. “That’s what I hope is going to be negotiated. Of course, we’ll do our best to encourage Sen. Reid to reach out to allow and somewhat larger number.”

Lieberman said the two items that are up for negotiation are the number of amendments to be allowed and the time for debate on those amendments.

Reid has since said the DREAM Act would come to the Senate floor during lame duck as a standalone piece of legislation.

Following the news conference, Lieberman said the removal of the DREAM Act as an amendment to the defense authorization bill would “practically speaking” help with building support for moving forward with the military budget legislation.

But Sen. Jeanne Shaheen (D-N.H.), who present at the conference, said opposition to the defense authorization bill and “Don’t Ask, Don’t Tell” repeal is actually for reasons other than “how many amendments are we going to do, or long we’re going to debate.”

“This is about those who oppose this policy wanting to kill it and taking every opportunity they can and using the Senate rules to try and do that,” Shaheen said. “That’s exactly what’s going on here.”

Lieberman also maintained the Senate would have enough time to tackle “Don’t Ask, Don’t Tell” repeal as it addresses other priorities, such as a nuclear arms reduction treaty and the extension of tax cuts.

“We’re just before Thanksgiving,” Lieberman said. “We’ve been told early on that we’d be here at least three weeks. That’s a lot of time into December, so we’ll be here at least until the week before Christmas. It’s just a question of how hard we’re prepared to work to get these things done. They’re all important.”

Lieberman said President Obama “has been active” on this issue and has been in communication with Reid as well as Senate Armed Services Committee Chair Carl Levin (D-Mich.) on moving forward with the defense authorization bill with “Don’t Ask, Don’t Tell” repeal.

“I think he’ll, in my opinion, do everything he can to see that we get this done by the end of this year,” Lieberman said.

The news conference on Thursday was a hot spot for senators who advocate for “Don’t Ask, Don’t Tell.” Among the 13 lawmakers who made an appearance were Sens. Mark Udall (D-Colo.), Kirsten Gillibrand (D-N.Y.), Barbara Boxer (D-Calif.), Al Franken (D-Minn.) and Chris Coons (D-Del.) who recently took his seat after winning election in November.

Udall said Congress needs to take action to end “Don’t Ask, Don’t Tell” this year because further delay could it “could be years” for repeal to happen.

“We’ve reached an unprecedented level of gridlock here in the Senate when legislation that funds our troops provides for our national security and makes sure that we lead the world in the 21st century is blocked from even coming to the floor for debate,” Udall said. “We ought to welcome the debate — we have an idea of how that debate will turn out — but we’re going to have that opportunity to have this vote on the floor if we have courage and are steadfast.”

The senators joked among themselves that they would work through Christmas Eve — or for Lieberman, who’s Jewish, the eighth day of Hanukkah — to finish the effort in repealing”Don’t Ask, Don’t  Tell.”

Sen. Roland Burris, known as a strong voice for repeal during his tenure in the Senate, said he thinks ending “Don’t Ask, Don’t Tell” would be an important victory, but noted the vote in the Senate “may come too late” for show his support.

Because he was appointed to his position in the Senate in 2009, Burris is required by Illinois state law to give up his seat to Republican Senator-elect Mark Kirk during the lame duck session of Congress and may even leave the U.S. Senate this week.

“As a black American, I know what it means to go through discrimination and unfairness, and there’s no way in the world we can have a strong military and deny those persons who are gay and lesbian … an opportunity to serve their country,” Burris said. “I support that wholeheartedly and am just sorry that I may not be here to cast the vote.”

It remains to be seen how Kirk would vote on the legislation in Burris’ stead. As a U.S. House member, Kirk voted against a “Don’t Ask, Don’t Tell” repeal amendment in May that came to the House floor.

Sen. Dianne Feinstein (D-Calif.) went a step further than other senators at the news conference when she said she believes “Don’t Ask, Don’t Tell” is unconstitutional. Some repeal advocates have been asking for President Obama to declare the law unconstitutional so he could discontinue enforcement of the law.

“I’m not a lawyer, but I believe in my heart of hearts that ‘Don’t Ask, Don’t Tell’ is unconstitutional,” Feinstein said. “As a matter of fact, a federal district court has found that that, in fact, is the case, and it’s simple because it treats the same case of people differently.”

Still, not every member of the U.S. Senate is on board with repeal. Asked during the news conference whether he had spoken to Sen. John McCain (R-Ariz.) about getting him to support an end to the law, Lieberman said he has had such conversations, but he has had “no success” in converting the Arizona senator.

Among those present at the news conference were advocates working for repeal of “Don’t Ask, Don’t Tell,” including Joe Solmonese, president of the Human Rights Campaign, Winnie Stachelberg, senior vice president for external affairs for the Center for American Progress, and Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network.

Lt. Col. Victor Fehrenbach, a gay Air Force pilot who’s served in the military for 19 years, was also present at the conference and told his story about how he’s now facing potential discharge under “Don’t Ask, Don’t Tell.”

“Right now, my ‘Don’t Ask, Don’t Tell’ is somewhere in the Pentagon, and I am fighting back in federal court with SLDN and my legal team to stay in the Air Force,” he said.

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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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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

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.” 

Related

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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