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National news in brief: March 11

Colo. moves on recognition bill, gay student candidate finds posters vandalized and more

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Same-sex unions bill moves in Colo.

DENVER — Legislation aimed at recognizing same-sex civil unions in Colorado passed its first test Tuesday, despite cries from the religious right that the legislation would undermine marriage and encourage a “shameful” gay lifestyle, several Colorado newspapers, including the Denver Post, reported this week.

Senate Bill 172, introduced by Sen. Pat Steadman (D-Denver) was backed by the Senate Judiciary Committee 6-3, with one Republican joining Democrats to advance the legislation.

The marathon controversial legislative hearing felt at times more like a Christian revival meeting, with critics of SB 172 making arguments against sodomy and gay lifestyles while reading from Leviticus, the Post reported.

Many critics argued that gay couples are unfit to raise children, and pointed out that in 2006, Colorado voters defined marriage as between one man and one woman, while also rejecting a proposal to recognize same-sex domestic partnerships in Colorado.

Senate Bill 172 would recognize civil unions between same-sex couples in Colorado. Along with the recognition would come similar legal benefits enjoyed by heterosexual married couples.

Faith leaders would not be required under the law to conduct same-sex civil unions if it goes against their religious beliefs.

Steadman, who is gay, said the issue is about providing stability to couples as they navigate life.

Judge lets Minn. marriage ban stand

MINNEAPOLIS — A Hennepin County judge has dismissed a lawsuit that sought to make same-sex marriage legal in Minnesota, according to an Associated Press report.

Judge Mary Dufresne rejected arguments by the group Marry Me Minnesota that the state’s 13-year-old Defense of Marriage Act violates same-sex couples’ rights to due process, equal protection, religious freedom and freedom of association. The Star Tribune reported Wednesday that the judge wrote in an order Monday that she’s bound by a 1971 Minnesota Supreme Court decision that says the legislature has the power to limit marriage to one man and one woman. Doug Benson, executive director of Marry Me Minnesota, says the group is disappointed and will appeal. He says the ruling is a slap at thousands of gay and lesbian couples who want the same rights their neighbors have, the AP reported.

Sailor discharged for falling asleep with man

CHARLESTON, S.C. — A Navy petty officer facing discharge for falling asleep in bed with another male sailor last month says his ouster is motivated by homophobia, not a legitimate crime, a claim that has some gay rights advocates worried about life after “Don’t Ask, Don’t Tell,” according to an ABC report.

Stephen Jones, 21, a student at the Naval Nuclear Power Training Command in Charleston, S.C., says he and friend Brian McGee inadvertently fell asleep together while watching “Vampire Diaries” on a computer in his quarters Feb. 6. Jones was wearing pajama pants and a white T-shirt, lying on top of the covers; McGee was in boxer shorts under the blanket on Jones’ twin bed, according to both men’s account of the situation. When Jones’ roommate, Tyler Berube, walked in shortly after midnight, the sleepy sailors woke up, got dressed and went back to their rooms.

Several days later, however, Jones and McGee were cited with dereliction of duty for “willfully failing to exhibit professional conduct in his room,” according to a Navy report specifying the charges. McGee accepted the charge and received docked pay. But when Jones refused to accept a penalty, instead hoping for a court martial to prove his innocence, he was ordered separated from the Navy for good, the ABC report said. While there was no evidence of homosexual conduct presented in the statements given by the three men to military investigators, Jones and his civilian attorney Gary Meyers believe homophobic suspicions were motivation for the charge.

“The roommate is concerned about what he sees, even though he sees nothing,” Meyers told ABC. “And his statement doesn’t indicate he saw anything. Two men woke up and they left the room. It’s a bizarre overreaction.”

Meyers contends that because the command had too little evidence to start an investigation under “Don’t Ask, Don’t Tell,” which is still technically military policy, it used a subterfuge to achieve the same result.

“I asked several times about what was unprofessional about what I did, and every time they said it’s just unprofessional. Period,” said Jones, who is appealing the decision.

Worker defending gays fired for saying ‘faggot’

NEW YORK — An elderly New York man who worked 54 years for American Airlines was fired this week for saying faggot during a training session. Referring to his military service, 82-year-old Freddy Schmitt said, “Back then a faggot could have saved my life.” He made the comment in reference to a statement saying that gays should be allowed to serve openly. The company refused to let Schmitt return to his role as a ground-crew worker despite an excellent employment record, the New York Post reported. Schmitt is appealing the decision and says he wants to end his career on good terms.

Gay lawmakers playing pivotal role in debates

NEW YORK — The 85 openly gay state legislators in the U.S. — out of 7,382 total — are playing a key role in the advancement of marriage and civil union battles across the country, the AP reported this week.

In Hawaii and Illinois, gay state representatives were lead sponsors of civil union bills signed into law earlier this year. In Maryland and Rhode Island, gay lawmakers are co-sponsoring pending bills that would legalize same-sex marriage. In New York, gay state Sen. Tom Duane is preparing to be lead sponsor of a marriage bill in his chamber later this session. The gay lawmakers have impact in two important ways.

Their speeches, often evoking personal themes, sometimes can sway wavering colleagues, and they can forge collegial relationships even with ideological foes through day-to-day professional and social interaction. Hawaii and Illinois are now among seven states that allow civil unions or their equivalent — state-level marriage rights in virtually everything but name.

Prop 8 sponsors oppose lifting marriage ban

SAN FRANCISCO — Lawyers for the sponsors of California’s same-sex marriage ban are urging a federal appeals court to continue blocking same-sex unions while it considers the constitutionality of Proposition 8, according to an AP report.

The lawyers said in court papers filed Monday that the rationale for keeping the voter-approved ban in effect are the same now as they were last summer, when the 9th U.S. Circuit Court of Appeals put a trial judge’s order overturning Proposition 8 on hold.

They say the Obama administration’s recent announcement that it would no longer defend the federal law prohibiting the government from recognizing same-sex marriages has no bearing on the state ban.

Lawyers for two gay couples are asking the 9th Circuit to let same-sex marriages resume in California by lifting its stay on the lower court’s order.

Kan. lawmakers say being gay should be criminal

TOPEKA, Kan. — Kansas state Reps. Jan Pauls (D, Hutchinson), and Lance Kinzer (R, Olathe) said this week that being gay or lesbian should remain a crime there, according to a Kansas City Star report.

Pauls made, with Kinzer’s support, the successful motion in the Kansas Legislature’s Corrections and Juvenile Justice Committee to keep the criminalization of gay and lesbian relationships on the books. Their action removed key language from HB2321, proposed by the Kansas Judicial Council, which would have resolved inconsistencies in Kansas criminal code, as well as remove unconstitutional laws.

“Jan Pauls was trusted to be a judge before becoming a state representative, and should know better than to support unconstitutional laws, breaking her oath to defend the Constitution,” said Jon Powell, Chair of the Hutchinson Area chapter of the Kansas Equality Coalition. “We are fed up with her obvious support of harassment of gays and lesbians. We will not be bullied.”

Although one remains on Kansas’ books, all state laws criminalizing gay and lesbian relationships were struck down by the United States Supreme Court in 2003.

Gay student’s campaign posters vandalized

CEDAR CITY, UTAH — Openly gay Southern Utah University Student Association Activities vice presidential candidate Payden Adams found his campaign posters defaced this week, according to a report from the St. George Daily Spectrum, a Gannett Utah paper reported. A vandal wrote derogatory comments in red marker on one of Adams’ campaign posters, according to a release from the Association’s Queer-Straight Alliance on Monday.

The incident was not the first, according to the release. Several of Adams’ posters have been destroyed, often with shreds left at the sites. Campus Police Chief Rick Brown said he was made aware of the incident, but was awaiting more information before investigating.

Brown said the incident would be treated as a criminal mischief case if someone is arrested. Upon hearing the alleged victim of the vandalism was gay, Brown said that would bring in a separate case against the suspect for a hate crime.

“It wasn’t brought to my attention that someone was targeted for his sexual orientation, but if that is the case when I receive more detail, it would be considered a hate crime,” he said. “We would look at the severity of the case and see if that is a different charge.

Poll shows majority support for gay marriage

DENVER — A new poll shows for the first time that more Americans support same-sex marriage than oppose it, the Colorado Independent reported this week.

The General Social Survey, a biennial poll conducted by the National Opinion Research Center at the University of Chicago, has been a much-cited resource for sociologists since it began in 1972. The 2010 poll’s findings, analyzed by Darren Sherkat, a sociologist/blogger from Southern Illinois University, found that about 46 percent of those polled support gay marriage as opposed to about 40 percent who are opposed. Only 12.4 percent supported it when the Survey first asked it in 1988.

Sherkat analyzed the data based on religious and political views and found that almost inevitably, “philosophical” Christians who believe that the stories in the Bible are fables designed for moral instruction were much more likely to support same-sex marriage than both those who believe the Bible is the inspired word of God and literalists who believe the Bible depicts the actual history of the world. Biblical literalists offered the most opposition to same-sex marriage, and Democrats of all types were significantly more likely than their Republican counterparts to support same-sex marriage.

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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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