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Fresno activists wage lonely battle to oust congressman

California’s newly drawn 22nd District ‘safe’ for anti-gay GOP incumbent

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Rep. Devin Nunes (R-Calif.)
Rep. Devin Nunes (R-Calif.)

Rep. Devin Nunes (R-Calif.) received a ‘0’ rating on HRC’s Congressional Scorecard. (public domain photo)

Editor’s note: This is the second in an occasional series profiling congressional districts in which the incumbent is not supportive of LGBT rights. The articles seek to assess the chances of electing a supportive candidate to help advance pro-LGBT bills that have been stalled in Congress. Visit washingtonblade.com for the first installment on Maryland’s 6th District.

U.S. Rep. Devin Nunes (R-Calif.) is one of 14 members of the U.S. House of Representatives from California who received a “0” rating on LGBT issues from the Human Rights Campaign’s 2010 Congressional Scorecard, which has a rating scale of 0 to 100.

Nunes and most of the other U.S. House members with a 0 rating in the state — all Republicans — represent districts inside or bordering on California’s Central Valley, a vast rural and agricultural region in the interior and eastern part of the state.

The region has traditionally elected conservative Republicans to Congress and to the California Legislature.

“The rabid homophobes come from rabid, red homophobic districts,” said Mark Leno, a gay State Senator from San Francisco and longtime LGBT rights advocate. “They’re going to get re-elected. So to waste time, energy and resources in those districts is just that, a waste,” Leno told the Blade.

“You have to look at party registration where it’s most possible for a Democrat to win, and that’s what the Democrats are doing,” he said.

The newly redrawn district includes precincts that voted overwhelmingly for Sen. John McCain in 2008, leading many observers to label the seat “safe” for Nunes.

But gay activist Jason Scott, a resident of Clovis, Calif., a small city that borders on the much larger City of Fresno, said he’s troubled that the national Democratic Party and national LGBT organizations appear to have written off the 22nd Congressional District and other Central Valley districts.

Scott is one of the organizers of Gay Fresno, an online LGBT news and resource service that covers Fresno and nearby cities and towns in the Central Valley region. Although he agrees that Nunes is likely to win re-election this year, Scott told the Blade residents of Nunes’ 22nd District have changed their views on LGBT issues in recent years.

“I don’t feel like the people he represents have the identical mindset that he does on gay rights,” Scott said.

Lesbian activist Robin McGehee, a Fresno resident who teaches communications at the College of the Sequoias in nearby Visalia, expressed a similar view. McGehee is co-founder of the national LGBT direct action group GetEqual and one of the lead organizers of the 2009 National March on Washington for LGBT Equality.

“It would be great if more of our state-based organizations and even national organizations were putting boots on the ground and resources in these congressional districts,” she said. “I think we can swing the vote because Nunes is really not liked as well as what would be expected in a farming community like this.”

McGehee added, “There are lots of liberal Democrats that are here. Nunes is the one who’s gotten all the resources. That’s the reason he’s been in that seat as long as he has.”

Nunes has voted against the repeal of “Don’t Ask, Don’t Tell,” the law that prohibited gays from serving openly in the U.S. military. According to the HRC Congressional Scorecard, Nunes has declined to back all of the LGBT supportive bills pending in Congress, including the Employment Non-Discrimination Act, or ENDA, which calls for banning private sector employment discrimination based on a person’s sexual orientation and gender identity.

He also opposes legal recognition of same-sex marriage and has declined to support or co-sponsor legislation to repeal the anti-gay Defense of Marriage Act, or DOMA.

Jack Langer, director of communications for Nunes’ congressional office in Washington, said he would make inquires to determine if Nunes has changed his position on LGBT issues since the release of the HRC Scorecard in October 2010. Langer didn’t get back with a response by Wednesday afternoon.

HRC is scheduled to release an updated version of its Congressional Scorecard in October. People familiar with Nunes’ voting record and positions have said he doesn’t appear to have changed his views on LGBT issues.

Scott of Gay Fresno said he wrote a letter to Nunes’ office urging him to take a more supportive posture on LGBT-related issues. He said the response he received was a terse refusal to back any of the bills or positions he inquired about.

“I was surprised that the response I received went further than the Republican talking points you would expect from a member of Congress,” Scott said. “It looked like it came from one of the anti-gay groups.”

Scott said he knows of no local LGBT political advocacy groups in Nunes’ district or in any locations within the Central Valley. While the statewide group Equality California gets involved in some issues in the region, for the most part LGBT people in the region have been left to fend for themselves, Scott said.

He and McGehee said an effective advocacy campaign for LGBT equality, especially through TV ads, could have resulted in far more votes in the Central Valley against Proposition 8, the 2008 ballot measure approved by California voters that bans same-sex marriage in the state constitution. McGehee said the No on 8 campaign had little or no presence in the Central Valley other than to provide campaign signs.

“I think voter education is an important part of this,” Scott said, adding that a concerted effort by national and state advocacy groups to promote LGBT rights in the region would significantly boost the chances for electing pro-LGBT candidates to Congress and state offices in the Central Valley region.

Leno, the gay state senator, points to a plan developed by House Minority Leader Nancy Pelosi (D-Calif.) and the Democratic Congressional Campaign Committee that strategically targets eight congressional districts in California that are held by Republicans or are vacant due to redistricting.

The plan, dubbed “Red to Blue 2012,”calls for sending money and logistical support to the Democratic candidates running in those districts from the National Democratic Party and Democratic contributors from across the country.

One of the targeted races is in the newly created 41st District in the Los Angeles area, where gay Democrat Mark Takano is said to have a good chance of winning in an area with a solid Democratic majority. Takano is receiving logistical and financial support under the Red to Blue campaign.

Another district targeted is the redrawn 36th in the Palm Springs area, which is held by Republican Mary Bono Mack. The Log Cabin Republicans endorsed Bono Mack in 2010 but have yet to do so this year, according to an endorsement list on the group’s website.

Bono Mack received a rating of 53 on the HRC Scorecard in 2010, the highest rating of any Republican in the state.

The newly drawn 22nd Congressional District where Devin Nunes is running for re-election to his sixth term in office is not one of the districts targeted in the Red to Blue 2012 campaign. The Red to Blue 2012 campaign is targeting just three of the 14 California districts where the GOP incumbent had a 0 HRC Scorecard rating. The three targeted districts are not in the Central Valley region.

Nunes is being challenged by Democrat Otto Lee, a Chinese-American businessman and U.S. Navy veteran who served in the first Gulf War and later, as a commander in the Navy Reserves, was recalled to active duty during the Iraq war.

Lee is a former city council member and former mayor of Sunnyvale, Calif., in the state’s Silicon Valley area, which is located more than 100 miles away from the 22nd Congressional District. The fact that he and his family moved to the district earlier this year has prompted Nunes supporters to call him a carpetbagger.

Brandon Fisk, an official with the Fresno County Democratic Party Central Committee, said voters would likely view Lee’s experience as an accomplished businessman, Navy Reserves commander, and “public servant” in Sunnyvale as an asset that will help him better serve as a congressman in the Fresno area.

“Nobody called him a carpetbagger when he served in Iraq,” Fisk said.

Scott and McGehee said that although Lee has not mentioned LGBT issues in his campaign speeches he has made it known in the district that he would be supportive on LGBT issues in Congress. Scott said the Lee campaign reserved space to set up a booth at an LGBT Pride festival scheduled for Saturday in Visalia.

Although Congress in the past three-and-a-half years has passed legislation to repeal “Don’t Ask, Don’t Tell and to approve a hate crimes law that allows the federal government to prosecute hate crimes against LGBT people, all other LGBT supportive bills have remained stalled in committee.

Some LGBT advocates have said they are especially troubled over the inability of the Democrats to arrange for the passage of ENDA when they controlled both the House and Senate in 2009 and 2010. Then House Speaker Nancy Pelosi and gay Rep. Barney Frank (D-Mass.) have said Democratic supporters, who far outnumbered Republicans committed to backing ENDA, had the votes to pass the bill itself but not to defeat one or more hostile amendments expected to be introduced by opponents of the bill.

Frank said a head count taken by House Democratic leaders found that supporters would fall short by a dozen or more votes in an effort to defeat an amendment calling for banning transgender people from certain jobs such as schoolteachers.

It was due to that uncertainty that Pelosi and other House Democratic leaders chose not to bring up ENDA for a vote at the time, according to Pelosi spokesperson Drew Hammill.

Most political observers say ENDA and most other LGBT bills would have little or no chance of passing in the next two years if Republicans retain control of the House. Pelosi and the Democratic Congressional Campaign Committee’s leaders say they are hopeful that Democrats will win the 25 House seats they need to regain control of the House in the November election.

McGehee and other LGBT advocates, however, say if Democrats win a majority in the House, nearly all of the new members making up their majority will likely be from swing districts with many conservative, Republican leaning voters. Unless advocacy groups and the Democrats do the outreach work needed to change the hearts and minds of voters on LGBT issues in places like California’s Central Valley, Democrats may not be able to garner the votes needed to pass ENDA and other gay bills, the advocates say.

“Could we do more about this?” asked gay California Assemblyman and former San Francisco Supervisor Tom Ammiano. “Absolutely,” he said.

Ammiano said he was hopeful that the growing number of LGBT supportive members of the state legislature and in county and municipal offices throughout the state would serve as a “farm team” for future LGBT friendly members of Congress.

LGBT advocates note that while California has the distinction of having 14 congressional districts with anti-LGBT incumbents, the largest number of U.S. House members with a 0 HRC rating of any state, California also has the most members of Congress with a perfect 100 HRC rating — 21 House members and both U.S. senators, Democrats Dianne Feinstein and Barbara Boxer.

“California certainly is a progressive state and is becoming ever bluer every year,” said Leno.

R. Clarke Cooper, executive director of Log Cabin Republicans, couldn’t immediately be reached for comment.

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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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