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Obama edging closer to marriage endorsement: source

President reportedly wants to unveil another pro-LGBT initiative

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Barack and Michlle Obama, gay news, gay politics dc

"And let us not forget what their decisions — the impact those decisions will have on our lives for decades to come -– on our privacy and security, on whether we can speak freely, worship openly, and, yes, love whomever we choose," Michelle Obama said, indicating to many LGBT advocates that the administration's "evolution" on same-sex marriage may be in its final stage. (Washington Blade file photo by Michael Key)

The odds are improving that President Obama will endorse marriage equality before the November election, according to an informed source.

The chances that Obama will make such an announcement before the election are looking better than in previous months as the issue receives growing media attention and voters in a handful of states face ballot initiatives this year.

An informed source, who agreed to speak on condition of anonymity, said “active conversations” are taking place between the White House and the campaign about whether Obama should complete his evolution on marriage and that the chances of him making an announcement are about 50-50.

According to the source, the administration would like to unveil another major pro-LGBT initiative before the November election, and an endorsement of marriage equality could fit the bill. But concerns persist on how an endorsement of same-sex marriage would play in four or five battleground states.

“We’re talking about the Michigans, the Ohios, the Illinois of the world; the real battleground states in which voters are already conflicted and may factor this into their judgment,” the source said.

Moreover, the administration may only want to expend political capital on one measure. It could come down to a choice between an endorsement of marriage equality and something else, such as the executive order requiring federal contractors to have LGBT-inclusive non-discrimination policies.

“My feeling is you’ll get one, you won’t get both before Election Day,” the source said. “There is a great timidity in terms of their dealing with the gays, right? In many ways, they kind of consider our issues to be the third rail.”

Supporters of an Obama endorsement were encouraged on Monday when first lady Michelle Obama suggested during a fundraiser in New York that the president would appoint justices to the Supreme Court who would support marriage equality.

“And let us not forget what their decisions — the impact those decisions will have on our lives for decades to come -– on our privacy and security, on whether we can speak freely, worship openly, and, yes, love whomever we choose,” Michelle Obama said.

White House Press Secretary Jay Carney later disputed the notion that those remarks were related to marriage equality and said they were in reference to the president’s position against the Defense of Marriage Act.

“I think, as folks who regularly report on the first lady’s speeches, they’ll know that she has said this before and has for some time, and that is a reference to the president’s position on the Defense of Marriage Act,” Carney said. “The president and first lady firmly believe that gay and lesbian Americans and their families deserve legal protections and the ability to thrive, just like any family does.”

Carney has been asked repeatedly about President Obama’s stance on marriage equality since the president first said he could “evolve” on the issue in response to a question from AMERICAblog’s Joe Sudbay during an interview with progressive bloggers 17 months ago, but the White House hasn’t given any updates.

Shin Inouye, a White House spokesperson, echoed Carney when asked about Obama’s evolving position on same-sex marriage for this article.

“I don’t have any updates for you on that point,” Inouye said. “The president has long believed that gay and lesbian couples deserve the same rights and legal protections as straight couples, including the ability to take care of their families. That’s why he supports the Respect for Marriage Act, which would repeal the so-called Defense of Marriage Act, and has determined that Section 3 of DOMA is unconstitutional and that his administration would no longer defend it in the courts.”

But some advocates are pushing Obama to come out for marriage equality before the election. From a political standpoint, they say Obama has much to gain by coming out for marriage because it would energize the Democratic Party’s progressive base. They say he has little to lose because those who would vote against Obama for supporting same-sex marriage would vote against him anyway.

John Aravosis, editor of AMERICAblog, said an endorsement from Obama of marriage equality would better distinguish him from the Republican presidential candidates, who oppose same-sex marriage.

“It never hurts them with progressives to remind them that Obama is better than Romney on a lot of our issues,” Aravosis said.

Aravosis added that if advocates are successful in their push for including an endorsement of same-sex marriage in the Democratic Party platform when the platform committee convenes in September, the result could create a thorny issue for the president just before Election Day.

“We wouldn’t be having the debate on the Democratic platform and marriage if the president was OK on marriage,” Aravosis said. “Does the president really need marriage to come up as an issue eight weeks before the election? Coming up as a divide between him and the community? I don’t think it helps.”

Evan Wolfson, president of Freedom to Marry, said that coming out for marriage equality would benefit Obama and added that voters won’t be turned off by it because the act would build off his existing support for LGBT rights.

“He’s done many important things in support of gay people’s participating and protection in society, including advancing the marriage cause,” Wolfson said. “He has come out strongly and repeatedly against measures aimed at taking away the freedom to marry, or adding additional layers of discrimination as in state attack measures.”

Further, advocates say Obama is giving cover to Republicans who say their position on marriage is the same as the president’s even though they may hold wildly different views on related issues. Rick Santorum has made that point, even though he was an author of the Federal Marriage Amendment, as has New Jersey Gov. Chris Christie after he vetoed the marriage equality bill in his state.

Sarah Palin expressed the same sentiment via Twitter earlier in the campaign season when Republicans like Santorum were under attack for their position.

“What’s radical & intolerant about Santorum/Romney/Gingrich et al’s position on the definition of marriage?” she said. “It’s the same position as Obama’s.”

Obama is also facing calls to oppose state measures aimed at banning or overturning marriage equality. Voters in a handful of states are expected to face such measures, including in Minnesota, North Carolina,Washington State and Maryland. Meanwhile, voters in Maine will decide whether to legalize marriage at the ballot.

Last week, Cameron French, the North Carolina press secretary for Obama for America, issued a statement to the Raleigh-based News & Observer saying the president “does not support” the anti-gay marriage initiative that will come before voters on May 8 during the state’s primary.

“While the president does not weigh in on every single ballot measure in every state, the record is clear that the president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples,” French said. “That’s what the North Carolina ballot initiative would do — it would single out and discriminate against committed gay and lesbian couples — and that’s why the president does not support it.”

The statement is the strongest that either the White House or the Obama campaign has issued on an anti-gay marriage state ballot initiative. Similar past statements never mentioned the state where a particular ballot initiative was taking place. The White House has repeatedly said the president opposes “divisive and discriminatory efforts” aimed at same-sex couples.

Wolfson said Obama’s lack of support for same-sex marriage allows the anti-gay side in these ballot fights to use the president to advocate for their side, even if the president has denounced the measure.

“Because there’s this one remaining failure to make the case clearly on his part, it allows the opposition to obscure and mislead and hurt us and hurt the president,” Wolfson said.

Nonetheless, some LGBT advocates working in these states say President Obama’s support isn’t necessarily what will decide the issue for voters.

Matt McTighe, director of public education for Gay & Lesbian Advocates & Defenders in Maine and executive board member of the Maine Freedom to Marry Coalition, said efforts in his state are more locally based.

“The more people who come to understand that allowing marriage licenses for all loving, committed couples can benefit all families, the better,” McTighe said. “But it’s not President Obama’s change of heart that will decide the issue here. It’s the voters of Maine.”

Jeremy Kennedy, campaign manager for Protect All NC Families, said he thinks the statement from the campaign was sufficient and doesn’t see a lot of value in Obama coming out for same-sex marriage.

“I think what the president said on Friday specifically on North Carolina was probably more helpful than coming out for same-sex marriage would be for us because this isn’t a same-sex marriage fight here,” Kennedy said. “Regardless of whether this amendment passes or fails, it’s not going to change the state of marriage in North Carolina.”

Kennedy said much of the debate in North Carolina is focused on domestic partnership benefits that will be lost if the amendment passes — including the seven localities that already offer partner benefits to employees.

But national advocates continue to press for an endorsement of marriage equality from the president in addition to seeking his help in defeating anti-gay marriage initiatives at the ballot.

Wolfson said it’s time for Obama to come out for marriage equality regardless of the political fallout that may ensue.

“Americans want their president to show moral leadership and stand up when the freedoms and rights of Americans are at stake,” Wolfson 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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