National
Senate confirms lesbian to federal judiciary
Senators approve Nathan by 48-44 vote
The U.S. Senate confirmed on Thursday an out judicial nominee to become the second-ever open lesbian to sit on the federal bench.
Senators confirmed Alison Nathan, whom President Obama nominated in March for a seat on the U.S. District Court of the Southern District of New York, by a vote of 48-44.
Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) said on the Senate floor there was “no question the Senate should confirm Ms. Nathan.”
“As her resume shows, she is an accomplished nominee with significant experience in private practice, academia and government service,” Leahy said. “Twenty-seven former Supreme Court clerks have written to the Judiciary Committee in support of Ms. Nathan’s qualifications, including clerks who worked for the conservative Justices.”
Shin Inouye, a White House spokesperson, commended the Senate for confirming Obama’s nominee.
“The President welcomes the confirmation of Alison Nathan,” Inouye said. “She will serve the American people well from the District Court bench.”
Currently special counsel to the Solicitor General of New York, Nathan has also served as a special assistant to President Obama and an associate White House counsel. Before joining government service, she taught law first as a visiting assistant professor at Fordham University Law School, and later as a Fritz Alexander fellow at New York University School of Law.
All Democratic senators who were present voted in favor of the nomination. All Republicans who were present voted against her, including GOP senators known for holding pro-LGBT views, such as Sens. Susan Collins (R-Maine), Olympia Snowe (R-Maine), Mark Kirk (R-Ill.) and Scott Brown (R-Mass.).
Senators who didn’t vote were Sens. Tom Coburn (R-Okla.), Joseph Lieberman (I-Conn.), Debbie Stabenow (D-Mich.), Kay Hagan (D-N.C.), Richard Lugar (R-Ind.), David Vitter (R-La.), Tom Harkin (D-Iowa) and Joe Manchin (D-W.V.).
The Senate didn’t confirm Nathan without opposition on the floor. Republican senators spoke out against her.
Sen. Charles Grassley (R-Iowa), ranking Republican on the Senate Judiciary Committee, said he voted to report Nathan’s nomination to the floor, but couldn’t vote for her on Thursday — as well as judicial nominee Judge Susan Hickey — because of their records and American Bar Association ratings.
“Ms. Nathan and Judge Hickey both have had limited experience in the courtroom,” Grassley said. “They have failed to meet even the minimum qualifications that the ABA uses in rating process.”
Sen. Jeff Sessions (R-Ala.), who’s known for opposing pro-LGBT initiatives in Congress, also expressed concerns on the floor about Nathan’s legal experience and what he said was her belief that judges can look to foreign law in deciding cases.
“It’s very hard for me to believe that I should vote to confirm a judge who’s not committed to following our law, who believes they have a right to scrutinize the world, find some law in some other country, bring it home, and use that law to make it achieve a result in the case they wanted,” Sessions said.
Leahy defended Nathan’s nomination on the Senate floor, saying although her ABA recommendation wasn’t unanimous, a majority on the standing committee that evaluated her said she was qualified.
“I note that a majority of the Standing Committee rated Ms. Nathan ‘qualified’ to serve,” Leahy said. “I also note that Ms. Nathan’s ABA rating is equal to or better than the rating received by 33 of President Bush’s confirmed judicial nominees, who were supported by nearly every Republican senator.”
Sen. Chuck Schumer (D-N.Y.) said the claim that Nathan has made any assertion that she’d look to foreign law when deciding cases is “patently false.”
In a questionnaire response to written questions from Grassley, Nathan wrote: “If I were confirmed as a United States District Court Judge, foreign law would have no relevance to my interpretation of the United States Constitution. In this area, as in all others, I would follow binding Supreme Court precedent.”
LGBT advocates praised the Senate for confirming Nathan and sending the third openly gay person to the federal bench.
Joe Solmonese, president of the Human Rights Campaign, hailed the confirmation and said additional representation of LGBT people in the courts is necessary.
“Alison Nathan’s demonstrated intellect and dedication to public service is a model of achievement for LGBT youth and we commend the Senate for their confirmation vote today,” he said. “With qualified LGBT attorneys all across the country, we look forward to the federal courts reflecting the diverse composition of our society in districts from coast to coast.”
Chuck Wolfe, CEO of the Gay & Lesbian Victory Fund, called the Nathan confirmation “another step toward America’s leadership class reflecting the country it serves.”
“For too long Washington has ignored the impressive talent and experience found in the LGBT community,” Wolfe said. “It’s been beholden to the opinion of extremists who wanted to exclude us. We have to continue to fight against that kind of political homophobia, and we will.”
The first lesbian — and first openly LGBT person — to sit on the federal bench is Deborah Batts, who was nominated and confirmation for a position on the U.S. District Court for the Southern District of New York during the Clinton Administration.
In July, the Senate confirmed J. Paul Oetken to another seat on the U.S. District Court for the Southern District of New York, making him the first openly gay male to sit on the federal bench.
Two other openly gay nominees are also pending before the Senate: Michael Fitzgerald, who was nominated for a position on the U.S. District Court for the Central District of California; and Edward DuMont, who was nominated for a seat on the U.S. Court of Appeals for the Federal Circuit.
The Senate Judiciary Committee held the confirmation hearing for Fitzgerald last week. The panel hasn’t reported out the nomination, but the record for committee members to submit follow up questions closed only this week.
Obama renominated DuMont in January after the 111th Congress took no action on his appointment. DuMont’s nomination has yet to be considered by the full Senate — or even the Senate Judiciary Committee.
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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