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Gay Iowa lawmaker fears undoing of marriage rights

McCoy talks Iowa caucuses, future LGBT intiatives

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State Sen. Matt McCoy (photo courtesy of McCoy)

HOUSTON — The only openly gay member of the Iowa State Senate believes marriage equality in the state could “absolutely” be in danger, despite a recent win solidifying a Democratic majority in the chamber for the remainder of the year.

State Sen. Matt McCoy, who’s served in the legislature since 1993 — first as a House member and then as a senator — said marriage rights for gay couples could be in jeopardy  in the 2012 election if Senate Majority Leader Mike Gronstal loses his seat or Democrats lose their majority in the chamber.

“We’ve got to make sure that we win some of those key seats that have allowed us to hold on to a majority,” McCoy told the Blade during an interview in Houston. “So we need to have a very strong Democratic year across the board, so that from the very top of the ticket on down, we’re going to need a strong ticket.”

McCoy made the comments Saturday during the 27th International Gay & Lesbian Leadership Conference sponsored by the Gay & Lesbian Leadership Institute.

Gronstal, whose seat has been targeted by Republicans in the 2012 election, has said he wouldn’t allow a vote on a constitutional amendment banning same-sex marriage in Iowa, which has had marriage equality since 2009. The Republican-controlled House has already approved such a measure.

The amendment would need to pass in two consecutive sessions of the legislature before it would be sent to voters, so the soonest it could appear before voters is 2014 — even with Republican control of both the House and Senate next year.

Concern over the future makeup of the Iowa Legislature persists despite a recent Democratic win in a special election assuring that Democrats would continue to maintain control of the legislature through next year.

On the upcoming Iowa caucuses, McCoy said some of the lower-tier candidates, such as Rep. Ron Paul (R-Texas), are doing well and there’s an anybody-but-Romney attitude in the state. But he added that Obama is in a strong position to defeat any challenger.

“I think Obama can beat any of them,” McCoy said. “I believe that, for obvious reasons, I think that Gingrich makes a better nominee for Democrats to beat, although Romney’s been all over the board on his issues. I think it’ll either be Romney or Gingrich, and, I think, of the two, I think, I’d rather run against Gingrich than Romney.”

A transcript of the interview between McCoy and the Blade follows:

Washington Blade: Sen. McCoy, can you tell me what you think the Democratic win in the special election and sustained Democratic majority in Iowa means for marriage equality?

Matt McCoy: Well, it’s a terrific win for us. Obviously, we know that by picking up this additional seat, we hold our majority, and, in addition to that, we can ensure that marriage equality will not be on the ballot at least through 2014. So we’ve got two consecutive sessions that this would have to pass, and that won’t happen under a Democratic-controlled Senate for the next year.

Blade: But do you think the next makeup of the legislature could threaten marriage equality in Iowa?

McCoy: Absolutely. I think we’ve got a terrific battle with our leader, Majority Leader Mike Gronstal. We’re very concerned that he win re-election as a Democrat. He’s personally worked with us to hold up control of that issue. In addition to that, we’ve got to make sure that we win some of those key seats that have allowed us to hold on to a majority. So we need to have a very strong Democratic year across the board, so that from the very top of the ticket on down, we’re going to need a strong ticket.

Blade: Do you think we’ll hear more about marriage from the Republican presidential candidates as we get closer to the caucuses?

McCoy: I think so. I think that they’ve done an artful job trying to dodge it a little bit. Their own polling is indicating that this issue is being more accepted widely among the public, and as long as that continues to occur, that is going to be a major problem for the Republican presidential candidates because as they take those extreme positions on those issues, people are becoming more and more disenfranchised with them, especially independent voters.

Blade: What’s your prediction for what will happen will those caucuses? As a Democrat, do you have a particular favorite?

McCoy: As an Iowan, I’ve had an opportunity to see them all come through, and the circus is definitely in town, let me tell you.

I think that right now, I have to take my hat off to some of the non-traditional candidates running the caucuses. I think Ron Paul is doing very well in Iowa, much better than is indicated in the polls. I think that [Rick] Santorum has a base of support among evangelicals, and I think [Michele] Bachmann has a base of support.

I think there is a very strong anti-Romney, or anybody but [Mitt] Romney attitude and [Newt] Gingrich has a pretty strong hold among some of the more traditional Republicans that are less evangelical-based.

So, I would say overall, it’s a tossup, it’s an early test in January. We’re probably less than, what, four weeks away from actually knowing where Iowa is going to come down on that issue, but at this time, I would say Romney is still not faring well in Iowa, and that’s a problem for him.

Blade: Who do you want to see as the Republican nominee, as a Democrat?

McCoy: I think Obama can beat any of them. I believe that, for obvious reasons, I think that Gingrich makes a better nominee for Democrats to beat, although Romney’s been all over the board on his issues. I think it’ll either be Romney or Gingrich, and, I think, of the two, I think, I’d rather run against Gingrich than Romney.

Blade: Now that Iowa has marriage equality, what do you want to see next in terms of LGBT rights for your state?

McCoy: There’s a couple of issues that I’m working on right now. One of them is related to adoptions and for gay parents having the opportunity to just simply list their name as Parent 1 and Parent 2 on the birth certificate as opposed to mother and father. So that is one of my initiatives right now.

That’s an issue pending before our state Supreme Court. I have no doubt that our court’s is going to make the right decision on that, but I’m going to try to help them out this session by bringing that issue out in the public.

The second issue that I’m working on is a decriminalization issue on HIV exposure. We have stigmatized HIV as a disease that’s a communicable disease, and put a criminalization with it that has, unfortunately, had the consequences of more than 36 people having charges filed against them in the state of Iowa of what could become a Class B felony if they’re convicted with $21 million a year in actual costs associated with that.

So, one of the things I want to see us do is treat HIV exposure, HIV transmission as we would treat any other communicable disease, and not stigmatize it among LGBT folks, saying, “Oh, it’s their disease.” It’s all of our disease, and we need to treat it with prevention, education and outreach, and that’s one of the initiatives I know that World AIDS Day — that they’re trying to reach out to people and really help bring the prevention and education and outreach back into our channels. And so, that’s something we could do a better job on as a community, so as a state leader, that’s one of my top initiatives in terms of our issues, LGBT issues in the state of Iowa.

Blade: And what about your plans for yourself? Do you have plans to run for office outside of the legislature at this time?

McCoy: I just received an opportunity to chair the Commerce Committee. I’m also chairing the Infrastructure Appropriations Committee, and I’m vice chair of the Appropriations Committee in the Senate, which means I got a lot of opportunity to do a lot of work and make a lot of decisions, and right now, that’s a great place to be. I can’t imagine anything else in my life right now, but, in the future, obviously, I want to keep the doors open. I’m a fairly young person, and I see the future is bright for LGBT leaders in the future, and so I hope that there will be a place for me to serve, and I hope there will be a place for other LGBT, out, elected officials to play a role in their state and national government in the future.

Blade: Thanks so much, Senator.

Watch the video of the interview here:

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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 Forrest 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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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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