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House defense committee to vote on anti-gay amendments

Measures would disrupt ‘Don’t Ask’ repeal, prevent same-sex marriages on bases

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Amendments that could disrupt “Don’t Ask, Don’t Tell” repeal and mandate that marriages on military bases comply with the Defense of Marriage Act are set to see votes on Wednesday when a House defense panel takes up major Pentagon budget legislation.

Rep. Duncan Hunter (R-Calif.), a Marine Corps veteran of Iraq and Afghanistan and opponent of gays in the military, plans to introduce an amendment aimed at derailing “Don’t Ask, Don’t Tell” repeal by expanding the certification requirement to include input from the four military service chiefs.

In a statement Monday, Hunter announced he would introduce the amendment to expand the certification requirement during the House Armed Services Committee’s markup of the fiscal year 2012 defense authorization bill. The measure would interfere with the repeal law that President Obama signed in December, which allows for implementation of open service after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.

“The four military service chiefs are far more closely connected to the day-to-day realities facing each respective service branch than those who are currently required to sign off on the repeal — including the president,” said Hunter said. “The president, the secretary of defense and the chairman of the Joint Chiefs should all take part in the certification process, but excluding the service chiefs is a mistake.”

Hunter, who introduced standalone legislation earlier this year mirroring the planned amendment, added the military service chiefs may agree to enact repeal at the same time as the president, the defense secretary and the chair of the Joint Chiefs of Staff or they “may have other recommendations for implementation and timing.”

The Hunter amendment could be one among several amendments that could be introduced by opponents of gays in the military to disrupt the “Don’t Ask, Don’t Tell” repeal process. Informed sources said other measures could be an outright abrogation of the repeal measure that Congress passed and Obama signed last year as opposed to merely implementing a certification expansion.

Involving the military service chiefs in the “Don’t Ask, Don’t Tell” repeal certification process could disrupt or delay open service in the U.S. military because some uniform leaders of the military — notably Marine Corps Commandant Gen. James Amos — expressed opposition to passing repeal legislation last year. Amos has since said the Marine Corps would work to implement open service.

Despite the qualms that were expressed last year, each of the service chiefs testified in April that the process for enacting “Don’t Ask, Don’t Tell” repeal has been proceeding smoothly. Some service chiefs — including Chief of Naval Operations Adm. Gary Roughead — have said they oppose any effort to expand the certification requirement and they believe the defense secretary would adequately represent their views in the certification process.

Fred Sainz, vice president of communications for the Human Rights Campaign, said he thinks the Hunter amendment is an attempt at a “do over strategy” because Republicans didn’t get what they wanted when the last Congress passed legislation allowing for “Don’t Ask, Don’t Tell” repeal.

“It just seems like they didn’t like the outcome, so now they’re trying to get another bite at the apple,” Sainz said.

R. Clarke Cooper, executive director of Log Cabin Republicans, said those who worked for legislative repeal of “Don’t Ask, Don’t Tell” plan to send a letter in opposition to the Hunter measure and similar amendments before the committee markup.

“We’re simply going to members of the House Armed Services Committee saying don’t allow or take into consideration amendments that would be anything seen as repealing repeal,” Cooper said.

Despite efforts from advocates, if the Hunter amendment is supported in committee along party lines, the measure would likely pass because Republicans enjoy a majority on the panel by a margin of 35-27. After the defense authorization bill is reported to the House floor, a similar vote of approval could be expected on the House floor because Republican have control of the chamber. The bill could see a House floor vote as early as the week of May 23.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he fears the committee has sufficient votes to pass Hunter’s amendment.

“The reality is if the majority in the chamber want to move that amendment they can adopt it successfully,” Sarvis said.

But Cooper said he doesn’t think the support is present in committee to approve the Hunter amendment because defense officials have said the current repeal process is working.

“I don’t think the votes are there,” Cooper said. “I think it would be pretty short-sighted for some of those folks to actually take a vote on something that has had such positive reporting from the [Defense] Department.”

Even if House Republicans are successful in approving the expanded certification measure as part of their defense authorization bill, passing such a provision into law would be challenging because the Senate would agree to it during conference negotiations and Obama would have to sign the measure.

Further, defense officials have testified that certification could happen mid-summer, and the final version of the defense authorization will likely not reach the president’s desk until after that time, rendering Hunter’s provision useless.

Sarvis said the Senate schedule won’t allow for floor consideration of the defense authorization bill until July and the conference committee at the earliest would be in late September or October.

“If we have certification this summer, the 60 days may well have run before the September-October conference,” Sarvis said. “And, I think — the authors of some of these ‘delay-derail’ amendments — they know that.”

Sainz also noted that Republicans are going to have a problem in passing the amendment into law because it runs contrary to the previously stated Republican emphasis on economic issues during the 2010 election.

“This is a complete and total diversion from the American people’s priorities on the economy, jobs and dinner table issues,” Sainz said. “The American public does not believe that this issue needs to be considered once again, and we will make sure the people understand that this is a complete and total disconnect from what the priorities should be.”

Akin plans measure to prevent same-sex marriage at bases

Another planned amendment follows controversy in the wake of new Navy policy guidance stating that “Don’t Ask, Don’t Tell” repeal would enable same-sex marriage ceremonies to take place on military facilities and that Navy chaplains can officiate over these ceremonies.

Steve Taylor, a spokesperson for Rep. Todd Akin (R-Mo.), said his boss intends to introduce a measure that would rollback the new guidance issued by the Navy.

“He intends to offer an amendment Wednesday,” Taylor said. “It would say that marriages [are] allowed to be performed on bases when they comply with DOMA.”

According to the Navy memo, which is dated April 13 and signed by Chief of Navy Chaplains Rear Adm. Mark Tidd, the new guidance was issued after the Navy conducted legal review of the issue of same-sex marriages and questions emerged related to same-sex marriage during the initial course of Navy training for “Don’t Ask, Don’t Tell” repeal.

The guidance states that use of base facilities is “sexual orientation neutral” on the issue using base facilities for same-sex marriage.

“If the base is located in a state where same-sex marriage is legal, then base facilities may normally be used to celebrate the marriage,” the memo states.

Additionally, the memo says Navy chaplains are allowed to perform same-sex marriages in their official capacity if they chose to do so.

“Regarding chaplain participation, consistent with the tenets of his or her religious organization, a chaplain may officiate a same-sex, civil marriage: if it is conducted in accordance with the laws of a state which permits same-sex marriages or union; and if the chaplain is, according to applicable state and local laws, otherwise fully certified to officiate that state’s marriage,” the memo states.

The memo states that the guidance with regarding to having same-sex marriages on base is a change to earlier training, which stated that same-sex marriages aren’t permitted on federal property. According to the memo, the guidance for chaplains is not a change, but “a clearer, more concise and up to date articulation” of policy.

Following the emergence of the letter this week, Akin and 62 other Republican U.S. members wrote to Navy Secretary Ray Mabus in a letter dated May 6 stating the policy change doesn’t comply with DOMA.

“We find it difficult to understand how the military is somehow exempt from abiding by federal law,” the letter states. “Not only does this document imply recognition and support of same-sex marriages, but it also implies that the Navy will now perform these marriages so long as they do not violate state statutes.”

The letter adds that DOMA “protects the sanctity of the bond specifically between a man and a woman” and continues that “as defenders of the institution of marriage we agree with the vast majority of the American people that the preservation of marriage is critical to society’s stability and is in the best interest of American families.”

Despite the letter, several recent polls have found that a majority of the American public now supports marriage rights for same-sex couples. A poll last month from CNN found that 51 percent of American believes marriages between gay and lesbian couples “should be recognized by the law as valid” while 47 percent remain opposed.

Sarvis said the memo is being circulating on Capitol Hill by anti-gay activists seeking to invoke the more controversial debate on same-sex marriage in an attempt to disrupt to “Don’t Ask, Don’t Tell” repeal.

“The operative word in that letter is ‘may,'” Sarvis said. “They ‘may’ use the facilities. The chaplain ‘may’ elect to marry two gay service members on post if marriage is permitted by state law in that state.”

Sarvis added no chaplain is required to marry anyone — regardless of whether the marriage is same-sex or opposite-sex — if the chaplain has an objection to the union. Further, Sarvis said that no language in DOMA speaks to facilities on military installations.

However, Sarvis said the committee would pass the amendment if House Armed Services Committee Chair Buck McKeon (R-Calif.) characterizes it as a party-line vote for Republican committee members.

“If the chairman of the committee positions it as a party-line, then the numbers on the committee would indicate that such an amendment would likely pass by party-line, and, who knows, it could pick up a couple Democrats,” Sarvis said.

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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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