National
Reporters hammer Carney on marriage, Biden’s remarks
W.H. spox has no updates, says Duncan was speaking his own views
White House Press Secretary Jay Carney (Blade file photo by Michael Key)
White House Press Secretary faced a litany of questions Monday on same-sex marriage following favorable remarks on the issue that Vice President Joe Biden gave earlier in the week.
The preponderance of the daily news briefing consisted of inquiries attempting to square President Obama’s ongoing evolution with the remarks on same-sex marriage from Biden, who said Sunday he’s “absolutely comfortable” with married gay couples having the same rights as straight couples.
Carney referred to clarification immediately issued Sunday from the vice president’s office saying Biden’s views were in the line with the president — despite his remarks earlier in the day on NBC’s “Meet the Press.”
“I have no update on the president’s personal views,” Carney said. “What the vice president said yesterday was to make the same point that the president has made previously. Committed and loving same-sex couples deserve the same rights and protection enjoyed by all Americans, and that we oppose any effort to rollback those rights.”
Carney said Biden’s comments stirred “a little bit of an overreaction” and said clarification went out from the vice president’s office because reporters sent inquiries and media outlets had the No. 2 in the administration had endorsed same-sex marriage.
As he’s done in the past, Carney said he has no updates on Obama’s marriage evolution; listed the president’s LGBT accomplishments, including repeal of “Don’t Ask, Don’t Tell”; and reiterated the Obama opposes discriminatory efforts against gay couples.
While Biden remarks made up the lion’s share of the questions. Carney also faced questions on Education Secretary Arne Duncan’s endorsement of same-sex marriage earlier in the day on MSNBC’s “Morning Joe.” Carney said the Cabinet official was offering his personal views on the matter.
“Secretary Duncan was asked a question on his personal views on an issue, and he offered them,” Carney said. “Obviously, this is an issue that many people have a view on, and we respect the right of all people to have a personal opinion.”
Under questioning from the Washington Blade, Carney dodged when asked whether he remembers the vice president speaking so favorably as he did in Sunday on the issue of same-sex marriage. Before becoming White House press secretary, Carney was Biden’s communications director for the first two years of the Obama administration.
“I think I will simply point you to what the vice president said yesterday, and the vice president supports this president’s policies in support for LGBT rights,” Carney said.
Carney gave a similar dodge when pressed when asked whether Biden’s remarks represent a sign of progress for the administration on the marriage evolution.
“I would just point you to what the vice president said,” Carney said.
On Sunday, Biden said he’s “absolutely comfortable” with the idea of married gay couples having the “same exact rights” as straight couples, which was reported by many media outlets and bloggers as an endorsement of same-sex marriage. Biden’s office has said his comments weren’t anything new and the vice president is evolving on the issue like President Obama.
The president himself has yet to articulate support for same-sex marriage. In October 2010, Obama said in response to a question from AMERICAblog’s Joe Sudbay that he could evolve to support marriage equality, but hasn’t yet made any announcement.
During the news briefing, ABC News’ Jake Tapper pointed to comments that Obama has made — most recently in Rolling Stone Magazine — saying he doesn’t want to “make news” on his position on same-sex marriage. Tapper said the comment suggests Obama actually supports marriage equality, but doesn’t want to express that view.
In response, Carney said Tapper was making his own characterization of the president’s views on marriage.
“I think when people have asked him that and he has no update to give them or no change in his views to put forward that he’s simply saying that, I have nothing new for you on that; his position is what it was,” Carney said.
Carney said Obama’s record is “considerable and unparalleled” and proceeded to mention some LGBT accomplishments, but Tapper said he doesn’t “want to hear the same talking points 15 times in a row.” Carney responded the president’s accomplishments are serious work.
“We’re talking — talking points to you; serious, substantial rights to others, OK?” Carney said. “Repealing ‘Don’t Ask, Don’t Tell’ is a serious matter. The efforts that this administration has taken on behalf of LGBT citizens are a serious matter.”
In the end, Tapper accused of the administration of being “cynical” by withholding Obama’s support for same-sex marriage presumably until after Election Day.
“And if that is the likely future of the president and this position, given that you don’t have any news to drop on it, or probably his mind has been made up, why not just come out and say it and let voters decide?” Tapper said. “It seems — it seems cynical to hide this until after the election.”
Other noteworthy inquiries why the president opposes bans on same-sex marriage, but doesn’t support same-sex itself. Another reporter from NPR asked whether marriage is a civil liberty, prompting Carney to defer the question to a “civil libertarian.”
The Wall Street Journal’s Laura Meckler asked whether Obama wants the Democratic Party platform to conform to his views on marriage as LGBT advocates have been pushing for an inclusion of same-sex marriage in the document. Carney deferred the inquiry to the Democratic National Committee.
A transcript of the exchange between Carney and marriage questions follows:
Q: …This morning, the Education Secretary, Arne Duncan, put himself on record in favor of gay marriage. Yesterday, the vice president indicated something along the same lines. Does this box the President in ahead of the election? Have his views changed at all on this subject?
Jay Carney: Well, I have no update on the president’s personal views. What the vice president said yesterday was to make the same point that the president has made previously, that committed and loving same-sex couples deserve the same rights and protections enjoyed by all Americans, and that we oppose any effort to roll back those rights. That’s why this administration opposes the Defense of Marriage Act and supports legislation to repeal it. The administration also has stopped defending the constitutionality of Section 3 of the Defense of Marriage Act in legal challenges.
Secretary Duncan was asked a question about his personal views on an issue and he offered them. And obviously this is an issue that many people have a view on and we respect the right of all people to have an opinion — a personal opinion.
Q: If asked at this point a similar question for his personal view, would the president give it?
Carney: I think the President is the right person to describe his own personal views. He, as you know, said that his views on this were evolving, and I don’t have an update for you on that.
…
Q: Jay, the president has raised millions of dollars from LGBT donors, many of whom say that they believe in a second term the President will come out in support of gay marriage. So doesn’t he owe them — or owe voters in general — his direct response and just stop dancing around the issue and telling voters will he or won’t he support gay marriage in a second term?
Carney: The president was asked this and said that his views on — his personal views on this were evolving. The president does have, as you noted, significant support in the LGBT community, and that’s because of his unparalleled record in support of LGBT rights. That includes the fight to repeal successfully “Don’t Ask, Don’t Tell.” It includes signing hate crimes legislation that includes LGBT persons. It includes ending a legal defense of the Defense of Marriage Act. It includes ensuring hospital visitation rights for LGBT patients and their loved ones, and I could go on. His record on the LGBT rights is simply unparalleled, and he will continue to fight for those rights going forward.
Q: Jay, on June 23, he told an LGBT audience, “Everybody deserves to be able to live and love as they see fit. I don’t have to tell the people in this room we’ve got a ways to go in the struggle.” What is he referring to if not gay marriage?
Carney: Well, I think you have heard him say and those in the administration like myself who speak for him that he strongly opposes efforts to restrict rights, to repeal rights for same-sex couples. He has made his opposition to those efforts in various states known and will continue to do so.
I think it’s a statement of obvious fact that full enjoyment of rights by LGBT citizens has not been achieved uniformly across the country. And that’s why he has taken a stand on — in opposition to efforts in some states to deny those rights and discriminate against LGBT citizens.
Q: So can you explain then clearly what — how Vice President Biden, who said, there is a consensus building toward gay marriage in this nation, and then came out yesterday saying that he is absolutely comfortable with men marrying men and women marrying women having equal rights, is not an endorsement of gay marriage?
Carney: Well, I think the Vice President expressed his personal views. He also said he was evolving on the issue.
Q: He did not say that, Jay.
Carney: He did.
Q: No. His spokesperson said that afterwards.
Carney: Let me just be clear, though. The vice president — what he said about the protection of rights of citizens is completely consistent with the president’s position on this issue, and his description of the way the country has moved on this issue I think is wholly accurate. I think we all have seen the data that describes an evolution of views across the country on these issues. So I don’t think there’s anything surprising about him saying that.
Q: You’re trying to have it both ways before an election.
Carney: No. Look, this President has been extremely aggressive in supporting LGBT rights. He fought against those who oppose the repeal of “Don’t Ask, Don’t Tell,” and achieved that in this administration. There are those who want to bring “Don’t Ask, Don’t Tell” back. He very robustly fights against efforts to restrict or deny rights to LGBT citizens and discriminate against them, and he’ll continue to do so.
And again, you didn’t want to hear it, but there’s a long, long list of the actions that this administration has taken on behalf of LGBT citizens in this country. And that’s a record that the President is very proud of.
…
Q: Okay. And back to the same-sex marriage issue. I think one of the issues is that when asked about the president’s position, the president no longer said he is evolving on the issue. He says, I don’t have any news to make on that. That’s what Stephanie Cutter, a few minutes ago on cable said — I don’t have any news for you. The suggestion is that there is news there and you guys are just waiting for the proper time to drop it, likely after November.
Carney: I think that’s your characterization, Jake.
Q: I think that’s what it means —
Carney: I think the president said that he was evolving, and he had — I think when people have asked him that and he has no update to give them or no change in his views to put forward, that he’s simply saying that I have nothing new for you on that. His position is what it was. And that’s with regards to his personal views.
What I think needs to be remembered here is what he has done in office in support of LGBT rights. And that record is extensive and considerable and unparalleled. And he’ll continue to fight for those rights as long as he’s in office.
Q: Positing that the president has done more for LGBT individuals than any other President in history — so you don’t need to say that again — the question is —
Carney: But I will.
Q: Just for this question. When you get to Norah, whatever you want. But the question is, I think there are very few people who think that the president is not going to, after November, whether he’s reelected or not, come out in favor of same-sex marriage. I think there are very few people on the president’s campaign who doubt that; very few people who support the president, very few people who oppose the president who have any doubt that that is what is going to likely happen. And if that is the likely future of the president and this position, given that you don’t have any news to drop on it where probably his mind has been made up, why not just come out and say it and let voters decide? It seems cynical to hide this until after the election.
Carney: Jake, I think the president’s position is well known. He’s spoken to this. It’s gotten a great deal of coverage. I don’t have an update to provide you on the President’s position. It is what it was. I’m sorry you don’t want to hear about the president’s support for LGBT rights because it’s considerable.
Q: It’s not that I don’t want to hear it. I don’t want to hear the same talking points 15 times in a row.
Carney: I think the — talking points to you; serious substantial rights to others. Okay? “Don’t Ask, Don’t Tell” — repealing “Don’t Ask, Don’t tTell” is a serious matter. The efforts that this administration has taken on behalf of LGBT citizens are serious matters.
Q: I’m not belittling that, Jay. We’re talking about same-sex marriage.
Carney: I think that’s the context of this discussion. I just don’t have anything more to give to you on the issue of the President’s views.
Q: Because he’s still evolving. Not because you don’t have news for me, it’s because he’s still evolving.
Carney: It is as it was, yes.
Norah.
Q: Why does the president oppose same-sex marriage?
Carney: I would just point you to what the president has said in the past, both during his campaign for President in 2008 and in answer to a question at the end of 2010. I really don’t have an update for you, Norah.
Q: Is the President comfortable with the fact of men marrying men and women marrying women?
Carney: The president is comfortable with same-sex couples, as the president — the vice president said, being entitled to the same rights and the civil rights and civil liberties as other Americans. And that’s why he has fought for those equal rights and why he’s opposed efforts to discriminate against LGBT citizens and to take away rights that have been established by law.
Q: Biden — the vice president appears to have evolved on the issue, but the president is still evolving — is that a fair characterization?
Carney: I will leave it to individuals to describe their own personal views. What I can explain to you is what the president’s positions are on issues, the actions he has taken at a policy level on behalf of LGBT Americans, and his commitment to continue to take actions on their behalf to protect and defend their rights.
Q: Let me ask you this. You have a number of Democratic governors throughout this country — Governor O’Malley, Governor Cuomo, Governor Malloy, to name a view, now the vice president, who all support same-sex marriage. Why doesn’t President Obama support same-sex marriage?
Carney: I just don’t have an update for you, Norah, on the president’s position on his personal views. I can tell you that he is a absolutely committed supporter of LGBT rights. His record bears that out. It is an unparalleled record of support for LGBT citizens and their rights, and he’s proud of it and he’ll run on it.
And I think that it’s important to remember when we talk about those accomplishments under this administration that they are far more than talking points; they are considerable, serious demonstrations of progress, important progress — progress that others would take away and reverse. This president is committed to not letting that happen.
Q: When you now say the vice president is evolving — he did not say that, as was pointed out, but he used some key words beyond what Norah just quoted. He also said that they are entitled to the same exact rights, all the civil rights, all the civil liberties. Does that mean he supports same-sex marriage?
Carney: I was pointing to this statement that the vice president’s office put out yesterday describing his statements, and I don’t have any elaboration on that. I can tell you that what he said is completely consistent in that paragraph with the President’s views that LGBT citizens should enjoy the same rights and that they should not be discriminated against. And efforts to take away those rights are something that this President strongly opposes.
Q: But how come when the president proposes something like the American Jobs Act — you could name anything — and he says — he travels around the country and says, you’re entitled to press members of Congress, tell them, are they for this or are they against it — why can’t you from this podium say whether or not the President supports or opposes same-sex marriage?
Carney: Well, I can tell you that the president has spoken about this, and that his views have not changed and I have no update to give you on them.
…
Q: Why did the administration feel like they had to put out a statement clarifying what the vice president said?
Carney: Well, I don’t know that the — the office of the vice president put out a statement. I think that there was a lot of interest generated by the comments and the office of the vice president put out a statement to make it clear what the vice president was saying.
But again, I think that there is a little bit of an overreaction here. The Vice President supports and made clear he supports the President’s policies when it comes to protecting the rights of LGBT citizens, and he also has his own personal views about the issue, as does the President, as do most people. So the President’s record on LGBT rights is extensive, and he is committed to working to move forward on that issue.
Q: Is it fair to say that publicly the president and the vice president disagree on gay marriage?
Carney: No, I don’t think that’s what the vice president said yesterday. But again, I don’t think that’s the point. The president and the vice president and everyone in this administration support the initiatives that this president has taken to protect and defend the rights of all Americans, including LGBT Americans.
Q: When it came to the issue of marriage before, there was a time when the president was somebody who believed in deferring it to the states. Does he still feel that way?
Carney: Well, the president believes that the states are deciding this issue, and he has made clear —
Q: — clearly a state issue, not a federal issue?
Carney: Well, I think that we certainly oppose efforts to take away rights at a federal level, which some politicians suppose — a constitutional amendment to deny rights to LGBT Americans across the country — we oppose that. The president opposes that. States have taken action on this issue, and the President believes that when the process works that it’s a positive thing. He also opposes efforts in states to repeal rights or deny rights to LGBT citizens that have already been established.
Q: So what would that put him — where would the president be then on the amendment in North Carolina that would ban gay marriage?
Carney: The president, through the campaign — but the same person opposes efforts to deny the rights of citizens in any state where those rights have been established.
Q: So he opposes — so help me out there. He opposes bans on gay marriage but he doesn’t yet support gay marriage?
Carney: The record is clear that the president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples. That is a position he has taken that precedes his taking a position in North Carolina. It’s a position he’s taken in other states where this has been an issue. Yes, he is opposed to efforts in states to deny rights that have been provided to citizens.
Q: You understand why there is so much confusion because you’re saying he opposes bans on gay marriage but he’s not yet for gay marriage. I mean, that’s —
Carney: He believes that the states are — marriage is a state issue, and the states have the right to take action on it. What he opposes is efforts to repeal rights that have been granted to LGBT citizens. He thinks that’s discriminatory and wrong.
…
Q: There’s going to be an effort this summer to have support for gay marriage as part of the Democratic platform. Does the president believe it’s important that the platform reflects his views?
Carney: Well, on the issue of the platform, which hasn’t been developed yet, I would refer you to the DNC.
Q: My question was whether the president — this is a question for the president — whether the President thinks that the platform just kind of doesn’t matter, which some people say, or whether it really is a statement of his views whatever those may be?
Carney: I think it’s a statement of the party’s view and has long been that. But I don’t have — I haven’t had that discussion with him. But I think a platform is a statement of a party’s views. It is called a Democratic or Republican Party platform. But for questions about the development of that platform I’d refer you to the DNC.
Q: He is the head of his party.
Carney: Again, I don’t have a different answer for you, Laura. It’s a platform that hasn’t been developed. I would point you to the DNC for questions about it.
Q: Just to get clear on your criteria, you said that you oppose state efforts to take away rights. In North Carolina gays can’t marry now, so what is the reason to oppose North Carolina?
Carney: The referendum would, as I understand it, restrict and deny rights to LGBT Americans. And the president —
Q: That they currently have in North Carolina?
Carney: That’s my understanding, yes.
Q: Okay. My other question is, is marriage a civil liberty?
Carney: You have to ask civil libertarians or lawyers.
Q: Well, in the White House view, is marriage a civil liberty?
Carney: We believe that — the president believes strongly that LGBT Americans should enjoy the same legal rights, and he opposes efforts to deny rights to LGBT American and discriminate against them.
Q: Okay. Just another question. It’s pretty rare when somebody runs for office saying, in effect, I’m getting ready to change my mind. And you’ve really savaged Mitt Romney for changing his mind, and I’m wondering if you don’t run some risk of looking kind of too clever by half here.
Carney: Look, I don’t have an update for you on the president’s personal views. He described them in response to a question. This has gotten a great deal of coverage in the past. That’s the answer he has and I don’t have a new answer for you.
Q: But what would you say is the definition of “evolving”? You’ve said it so many times, it has to mean something specific.
Carney: The president said that his views on this are evolving. I think —
Q: Is he getting ready to change?
Carney: Not necessarily. I think he just said they were evolving. And that’s at a personal level. His views on LGBT rights are crystal-clear and this administration has taken actions that are unparalleled to support those rights. And he’ll continue to take those actions because he thinks that’s the right thing to do.
April.
Q: How could his views be crystal-clear if everybody in this room is needing to ask you questions?
Carney: Chris, I think everybody in this room is reacting in the way that folks often do to one story that takes off and then they run down the field and chase it. They’re reacting to comments on a Sunday show. Nothing has changed in the President’s firm commitment to LGBT rights and nothing’s changed and I have no new information —
Q: — position by the White House.
Carney: It’s the same position. It’s not the position of the White House. The President’s position is —
Q: Then why did you guys send out statements to clarify?
Carney: Because the vice president’s statements were being misinterpreted by some, so he — so there was an effort to clarify it by the office of the vice president.
Q: Jay, what do you think the word “evolving” means?
Carney: But that’s where the president is, okay.
Q: Is he unevolved?
Carney: April.
Q: That means changing.
Q: Okay, now I have the ball, let me run with it.
Carney: Policy positions haven’t changed, Jake. And I can remind you that his support for LGBT rights is unprecedented and compares favorably to anyone else out there in the political arena who’s advocating for these rights. And he’ll continue to support them.
April.
Q: All right, now I’m going to take the ball and run down the field with it real quick. And I want you to dissect the evolution.
Carney: No, I’m not going to, April. I’m sorry, I don’t have anything new for you.
Q: No, no, no, no. Okay, you’re not going to, but can you at least say yea or nay when I kind of try to — (laughter) — here’s the deal. Here’s the deal. Before we heard that it was — he was having a hard time marrying issues of his faith and rights. Is that the evolution? Is that where the evolution issue is a holdup?
Carney: The next time the president has a news conference, if you want to ask him that you’re certainly welcome to. I do not have an update for you on the president’s personal views.
Q: Jay, did the president know before yesterday, did the president know that the vice president was comfortable with men marrying men? Is this something they’ve discussed?
Carney: I don’t have a readout for you of conversations they’ve had on this issue.
Q: Is it something they’ve discussed?
Carney: Again, I don’t have a readout for you of private conversations that they’ve had.
…
Q: Thanks, Jay. Is it still accurate to say, then, that President Obama is opposed to gay marriage?
Carney: I would simply say that his views are evolving, which is what he said. And I don’t have an update for you on that issue.
Amy.
Q: Just to clarify, were you saying that the Vice President’s comments were his personal views? Were you looping it together with Arne Duncan’s views?
Carney: The Vice President spoke very clearly about the President’s policies, and they’re entirely consistent with the policies that this President has supported. He also — he talked about evolution in this country and other issues, and those were personal views. I will simply refer you to the statement that the office of the vice president put out.
…
Q: …As someone who’s worked with the vice president before, do you remember him ever speaking so favorably on the issue of same-sex marriage?
Carney: I think I will simply point you to what the vice president said yesterday. The vice president supports this president’s policies in support for LGBT rights.
Q: But is this a sign of progress?
Carney: I would just point you to what the vice president said.
…
Watch the White House briefing its entirety here (video courtesy White House YouTube page)
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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