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Gill’s ‘stealthy’ activism to continue under new leader

Fordham maintains contact with former boss Mark Foley

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Kirk Fordham (right) with his partner Mike Cevarr and their sons Lukas and Levi. (Photo courtesy Fordham)

The Gill Action Fund’s new leader promises to continue the organization’s brand of stealthy, behind-the-scenes activism.

Kirk Fordham, who was named March 1 as head of the Denver-based organization, said in a Washington Blade interview he envisions a “degree of stealthiness” for Gill Action under his leadership in addition to working openly in efforts to advance LGBT rights throughout the country.

“I think it’ll be a hybrid of some deployment of highly trained gay SWAT teams, as I like to call it, and some of us will just be working very transparently with the existing organizations that are already on the ground,” Fordham said.

One of the advantages of Gill Action compared to other LGBT groups, Fordham said, is being able to deploy small teams of activists to regions where “there may be a gap and there may be a need to effect change on a pretty rapid basis.”

“That will allow us to perhaps go into some areas deep into the heartland of this country where there may not have been a lot of focus and activity to advance either non-discrimination or marriage equality or anti-bullying legislation,” Fordham said.

Gill Action — founded by gay billionaire philanthropist Tim Gill in 2005 — has a reputation for secrecy. Fordham will start in his new position April 16.

The group has played a role, without seeking credit, in passing statewide pro-LGBT legislation in various states, including the marriage equality legislation in New York. After an initial 2009 vote on same-sex marriage in the state failed, Gill Action funded a campaign in the state, called Fight Back New York to unseat state senators opposed to marriage equality, which ultimately unseated three senators.

Asked whether Gill Action would seek greater engagement with the media as it undertakes new initiatives, Fordham said the level of public engagement would “depend on the project” the organization is pursuing.

“There are sometimes where it may be to our community’s advantage not to broadcast exactly what our roadmap and our strategy might be on a particular issue or particular state, but I don’t think there’s a desire to speak sparingly with the press because they don’t trust the press or they have a hostile relationship,” Fordham said. “I think a lot of it has to do with the fact that it’s such a strategic decision on perhaps the element of surprise.”

According to a 2008 report in The Advocate, Gill Action in the 2006 election directed $2.8 million in nationwide contributions through its OutGiving program to 68 candidates across 11 states, and 56 of those candidates won. One of the more controversial ads funded by the organization was deployed against former Republican Rep. Marilyn Musgrave, author of the Federal Marriage Amendment. It depicted an actress dressed like her stealing a watch from a corpse in an open coffin, criticizing her for her vote on a tax for funeral homes.

Fordham said Gill Action will take a look at the broader map to determine places other than urban areas and states on the coasts to lay the groundwork “for cementing a better quality of life for LGBT people, even in the most conservative parts of the country.”

“Now that some of the lower hanging fruit has been picked, it’s time to start harvesting in less fertile territory,” Fordham said. “So, I believe, that we have literally millions of people that are living in states that have no protection whatsoever from workplace discrimination, relationship recognition and their schools. And so, I think, we want to start advancing some of those protections in places where they’re most needed.”

Fordham was reluctant to identify any particular areas where Gill Action would focus its attention, saying such decisions haven’t been made yet. But, asked whether Minnesota would be a place where resources could be directed, he said the state would be “high on the list of places that would be on our priority list.”

“My sense is that most Minnesotans are pretty fair-minded folks,” Fordham said. “So I think we’re going to be taking a very close look at that state as a horizon state where there are opportunities to make some progress.”

Assuming the anti-gay marriage amendment that will come before voters in the state in November is defeated, Minesota could be poised to legalize same-sex marriage if the Democrats take control of the legislature. Minnesota Gov. Mark Dayton (D) has expressed support for marriage rights for gay couples.

Growing up in a Christian and Republican family, Fordham said he also has experience with parents who initially were unhappy about his sexual orientation, but later came to terms with it, and he knows what it takes to change the hearts and minds of people like them.

“When I first came out, they sent me these Focus on the Family books and tapes and magazines,” Fordham said. “They were praying everyday that I would see a path back to heterosexuality. Now that I’ve been with my partner for 23 years, we’ve adopted two kids, they welcome us as part of the family. They’re a perfect case study of how conservative Republicans who happen to be people of faith can come around and change their attitudes.”

Fordham lives in Coral Gables, Fla., with his partner, Mike Cevarr, and their two sons, Lukas and Levi. The family will relocate to Denver when Fordham takes the helm of Gill Action.

A lifelong Republican, Fordham currently serves as CEO of Everglades Foundation, but has had experience working for several GOP lawmakers on Capitol Hill, even some with anti-gay records. He also worked for former Rep. Mark Foley, who resigned after a scandal involving male pages in 2006. While still a college student, Fordham worked for James Inhofe of Oklahoma, then a member of the U.S. House. He’s also worked for Sen. Mel Martinez of Florida.

Fordham said he “absolutely” plans on reaching out to Republican lawmakers to influence them on LGBT issues and he knows “how to speak their language.”

“Once you move past the first and second-tier states where you have Democratic legislatures and friendly Democratic governors, the list of options starts to get more difficult, we can either wait and hope that someday, those states will have Democratic elected officials that are friendly, or we can start having a conversation with those currently elected Republican leaders in legislatures that have Republican supermajorities,” Fordham said.

Fordham has received congratulations on his new role across the board from groups like the Center for American Progress, the Gay & Lesbian Victory Fund and the National Gay & Lesbian Task Force as well as praise from lawmakers on both sides of the aisle, including Democratic National Committee chair Debbie Wasserman Schultz and pro-LGBT Rep. Ileana Ros-Lehtinen (R-Fla.).

Still, skepticism remains that Fordham will be able to bring change within the Republican Party.

Wayne Besen, executive director of Truth Wins Out, said Fordham is qualified for the position, but questions how effective he can be with Republicans on LGBT issues.

“I take issue with this idea that because he’s a Republican, he can influence Republican votes because that’s utter nonsense,” Besen said. “Republican votes that are not coming our way has nothing to do with the arguments we’re making; it has nothing to do with a lack of effort. It has everything to do with the religious right as the Republicans’ most powerful constituency. They will do what’s necessary to please them.”

Although Fordham has worked for numerous Republicans, his most infamous former employer is former Rep. Mark Foley of Florida, who resigned in 2006 amid media reports he sent inappropriate messages to underage pages on Capitol Hill. Fordham was chief of staff for Foley after having worked on his campaign in 1994. While working for Martinez as the scandal broke, he helped broker agreements with the media on the story and testified before the House Ethics Committee on the issue. Foley later came out as gay.

Reflecting on the Foley scandal, Fordham said it was “one of the great crisis-management experiences” of his life and “a disappointment” because Foley was popular and well-regarded in his Republican caucus.

“It’s a perfect example of how someone through some reckless and irresponsible actions can flush down the toilet a promising political career,” Fordham said.

While working as chief of staff for Foley, Fordham said he had no knowledge of his boss sending inappropriate text and instant messages, but knew that he was engaging with pages and younger staffers.

“What I saw was the same kind of behavior you see among some heterosexual members of Congress: spending time socializing with on the floor of the House or in the halls of the Capitol, paying an inappropriate amount of attention to younger staffers or pages,” Fordham said. “Although that kind of behavior isn’t criminal, it’s certainly something that I thought crossed the line for a member of Congress as far as how they ought to conduct themselves.”

Fordham said he told the Ethics Committee everything and the steps “I took to try to influence my boss’s behavior,” saying the report that was produced in the end was favorable to him. According to media reports, Fordham had informed the staff of then-House Speaker Dennis Hastert about Foley’s behavior, but no action was taken.

Although they didn’t speak for a year after the event, Fordham says he now maintains a personal relationship with Foley and they have periodic phone conversations. Foley is based in West Palm Beach, while Fordham resides near Miami.

“I think he’s trying to rehabilitate himself and he’s now engaged in the community up there,” Fordham said. “We talked about the potential of him running for mayor of West Palm Beach. I gave him my best advice, and in the end, he decided not to run. So, I still hear from him once in a while, but I do believe in forgiveness and redemption for everyone, even when they break the public trust and do things that we consider really bad behavior.”

 

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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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