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Senate panel omits bullying bills from education reform

Franken, Casey pledge to bring up measures on floor

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Sen. Bob Casey (D-Pa.) (Blade photo by Michael Key)

A Senate committee left out pro-LGBT anti-bullying measures from education reform as the sponsors of the legislation pledged to offer these bills as amendments on the floor.

The Senate Health, Education, Education & Pensions Committee late Thursday reported out a massive education bill known as Elementary & Secondary Education Act reauthorization by a bipartisan vote of 15-7.

But the Democratic-controllled panel didn’t vote on pro-LGBT bills that advocates were seeking to have included as part of the larger legislation — the Student Non-Discrimination Act, or SNDA, and the Safe Schools Improvement Act, or SSIA.

Sen. Al Franken (D-Minn.), the sponsor of SNDA, and Sen. Bob Casey (D-Pa.), the sponsor of SSIA, both offered their bills as amendments during the markup, but withdrew them before a vote could be held.

During the markup, Franken delivered a speech in which he said he feels “very, very strongly” about SNDA as he pledged to bring up the measure as an amendment on the floor.

Franken said recent stories about gay youths committing suicide after they had been bullied in school demonstrates the need for passing SNDA. One such youth, Justin Aaberg, a gay 15-year old who committed suicide last year, resided in Franken’s state of Minnesota.

“We are faced with a group of students that is facing pervasive discrimination,” Franken said. “They are being viciously harassed and bullied. They are staying home from school. They are dropping out of school. They are literally killing themselves, and our schools aren’t doing enough to stop it. And yet again, these students have nothing they can do about it. There is no law that prohibits discrimination on the basis of sexual orientation in schools.”

April Mellody, a Casey spokesperson, said Casey also introduced his bill as an amendment, but then “made the difficult decision” to withdraw the measure because it feared it would sink the education bill as a whole.

“Pennsylvania teachers, principals, and parents have been asking for a new law to replace No Child Left Behind since he arrived in the Senate and he felt he could not jeopardize the bipartisan committee vote to pass ESEA out of committee,” Mellody said.

Mellody added Casey “is committed to addressing the bullying epidemic” and intends to offer his bill as an amendment again when the full Senate considers the larger education legislation.

Justine Sessions, a Senate HELP committee spokesperson, said committee Chair Tom Harkin (D-Iowa) indicated he hopes the full Senate will take up the education reform bill during the next work period. The Senate is out of session next week for recess.

Joe Solmonese, president of the Human Rights Campaign, chided the committee for not including the pro-LGBT measures as part of the education bill before it went to the Senate floor.

“We are disappointed that the committee did not adopt anti-LGBT bullying amendments that enjoyed bipartisan, majority support,” Solmonese said. “This major reauthorization bill was the best opportunity the Senate will have in this Congress to address the problem of bullying faced by LGBT students. It is imperative that the committee revisit this issue and acknowledge the consequences bullying has on the youth in our community.”

Both Franken and Casey would have more difficulty having successful votes for their legislation on the floor than they would in committee.

Each of the 12 Democrats on the Senate HELP Committee co-sponsor SNDA, which would easily have given the measure the necessary votes for inclusion as part of education reform during the panel markup.

Only 11 members of the committee co-sponsor of SSIA, which is one vote short necessary for passage. Ten Democrats are co-sponsors in addition to Sen. Mark Kirk (R-Ill.), an original co-sponsors. However, the two of the Democrats who aren’t co-sponsors — Sen. Michael Bennet (D-Colo.) and Jeff Bingaman (D-N.M.) — would likely have voted for the measure should it have come up in committee, giving the amendment the necessary support for passage.

If Franken and Casey were to offer SNDA and SSIA on the Senate floor, they would likely need 60 votes to overcome a Senate filibuster.

The number of co-sponsors for the legislation aren’t anywhere near 60 and neither bill enjoys significant Republican support. SNDA has 34 co-sponsors — all Democrats. SSIA has 32 co-sponsors and Kirk is the only Republican supporter.

An LGBT advocate earlier this week speaking anonymously identified Harkin as the “obstacle” to including SNDA and SSIA as part of education reform during the markup and said he wanted a clean bill that could easily pass committee.

Harkin is a co-sponsor of both SNDA and SSIA. A Harkin spokesperson responded to the charge by saying the senator has “long supported efforts to ensure that all children feel safe and secure in our schools.”

Additionally, President Obama has yet to endorse either SSIA or SNDA. The White House has said it supports the goals of the legislation, but hasn’t offered explicit support for the bills.

Watch the video of Franken’s remarks before the committee on SNDA here:

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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.” 

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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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