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5 takeaways from Election Day

Obama’s marriage support was a good political move and other observations

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HRC, Human Rights Campaign, election 2012, Washington Blade, gay news
election 2012, Human Rights Campaign, gay news, Washington Blade

Members of the community celebrated President Obama’s reelection at the Human Rights Campaign election watch party at Eatonville on 14th Street. (Washington Blade photo by Michael Key)

Hailed as a watershed moment for the LGBT movement, Election Day yielded several milestones that political observers say will have a profound impact on the advancement of LGBT rights and marriage equality going forward.

Here are five takeaways from an evening that saw wins for marriage equality at the ballot and the election for the first time of an openly gay U.S. Senate candidate — not to mention the re-election of a U.S. president who endorsed marriage equality.

1. The sky’s the limit for gay candidates seeking political office

Lesbian U.S. Senate candidate Tammy Baldwin made history when she became the first openly gay person elected to the U.S. Senate in a highly contested race against former Wisconsin Gov. Tommy Thompson. She’ll be part of a record number of as many as seven openly gay, lesbian and bisexual candidates elected to Congress and 121 candidates endorsed by the Gay & Lesbian Victory Fund elected to various offices throughout the country.

Baldwin’s sexual orientation was virtually a non-issue during the campaign. The only time it came up was when Brian Nemoir, a Thompson campaign official, circulated a video of her dancing at a gay Pride festival and told media outlets, “Clearly, there’s no one better positioned to talk ‘heartland values’ than Tammy.” The incident resulted in negative press for Thompson, who apologized for his aide’s action.

The glass ceiling broken by Baldwin could be a hopeful sign for other LGBT officials seeking office — such as lesbian New York City Council Chair Christine Quinn, who’s likely to run for mayor of the nation’s largest city in 2013 — that sexual orientation needn’t be a factor even when pursuing the highest offices in the nation.

Dan Pinello, who’s gay and a political scientist at the City University of New York, said Baldwin’s election “was a remarkable achievement” as was the the election of additional openly gay people to the House.

“An LGBT candidate no longer has to worry about facing his or her sexual orientation in terms of it being an impediment in running for public office,” Pinello said. “Tammy Baldwin most clearly demonstrates that, her being elected the first openly gay or lesbian senator.”

Some barriers have yet to fall. Gay Republican Richard Tisei failed in his bid to unseat incumbent Democrat Rep. John Tierney from a House seat in Massachusetts, which means the LGBT contingent in Congress will be entirely Democratic and an openly gay non-incumbent Republican has yet to win election to Congress. No transgender candidate has won election to Congress, although Stacie Laughton, a Democrat, was elected in New Hampshire as the first openly transgender person to a state legislature in the country.

Denis Dison, a Victory Fund spokesperson, noted that 40 state legislatures will now have LGBT representation and said the priority for his organization over the next 10 years is to elect an openly LGBT person to each state throughout the country.

“That matters greatly at the state level; it matters greatly at the municipal level,” Dison said. “There are some states out there where there’s one out elected official, and that’s kind of a very tenuous position, and we want to make sure that we are building capacity — and that’s states that people don’t talk about very much: the Nebraskas and Kansas.”

2. Obama’s support of marriage equality was a good political move

At the time President Obama completed his 19-month “evolution” in May and announced his personal support for marriage rights for gay couples, many political observers feared a backlash against him at the polls.

Many predicted — as it turns out, correctly — that states once considered battlegrounds —Missouri, North Carolina and Indiana — would fall in the Republican column because of their large evangelical populations. Whether Obama would be able to make the difference in the Electoral College to reach 270 votes was unclear.

But the result was positive — most initially in terms of financing for the Obama campaign. According to an analysis from National Public Radio, donations to Obama nearly tripled in the immediate period after the announcement. The campaign took in nearly $9 million over three days, compared to $3.4 million in the three previous days. The Washington Blade reported anecdotally that while many major donors had already maxed out their contributions, Obama’s new support for marriage equality resulted in his supporters making more small donations to the campaign.

Richard Socarides, a gay New York advocate who pushed Obama to support same-sex marriage, said coming out for marriage equality helped Obama not only in terms of donations before the election, but energized LGBT voters to come to the polls.

“I think it excited Democrats and young voters and gay and lesbian voters,” Socarides said. “His margin of victory in the popular vote was less than his vote among gays and lesbians, so I think gays and lesbians turned out for him.”

Socarides pointed to exit polling showing gay voters made up 5 percent of the electorate and 77 percent of them voted for Obama — an increase from the 2008 election — as evidence the gay vote is significant and helped Obama claim victory.

The youth vote was also significant in the election. According to the early National Exit Poll conducted by Edison Research, Obama won 60 percent of the youth vote, compared to 36 percent for Romney. Voters from ages 18 to 29 represented 19 percent of the electorate, which is an increase of one percentage point from 2008.

Pinello said Obama’s support for marriage equality helped drive to the polls younger voters, who are generally more supportive of same-sex marriage.

“The Obama campaign used marriage equality as a means to target younger voters to turn out in greater numbers as has been the case in the past,” Pinello said. “I think that was probably fairly wise of the Obama campaign. I think they succeeded in strengthening and increasing the size of their base in doing so.”

3. LGBT support alone won’t save Republicans in moderate districts

Despite the apparent support that Obama won as a result of coming out for marriage equality, Republicans in office who were supportive of LGBT issues didn’t fare as well in the 2012 election.

In Massachusetts, Tisei was notable among those Republicans. Also of note is freshman Rep. Nan Hayworth (R-N.Y.), a co-sponsor of the Employment Non-Discrimination Act, who lost to gay Democrat Sean Patrick Maloney; Rep. Judy Biggert (R-Ill.), who voted for “Don’t Ask, Don’t Tell” repeal even before the Pentagon report came out in favor of open service; and Rep. Mary Bono Mack (R-Calif.), who during her five terms in Congress voted against a Federal Marriage Amendment and in favor of ENDA and hate crimes legislation. U.S. Senate candidate Linda McMahon in Connecticut was also defeated; she supported Defense of Marriage Act repeal.

These Republicans were supported by gay GOP groups. The American Unity PAC, which was working to support pro-LGBT Republicans, notably spent a total of $420,000 in advertising to protect Bono Mack; $260,000 in Connecticut for McMahon; $540,000 in Biggert’s campaign; $530,000 in the Tisei race and $260,000 in ad buys on behalf of Hayworth. But each of these investments ended in losses.

Jeff Cook, senior adviser to the American Unity PAC, blamed the losses on the general poor showing by the Republican Party during the 2012 election and said the party as a whole needs to adapt to survive.

“It was a tough night for Republicans in most of the country,” Cook added. “The impact was particularly felt in moderate, swing districts where our party’s brand too often has limited our candidates’ appeal. It’s increasingly clear that there is a need to modernize the Republican Party, not only to win full inclusion for gay and lesbian Americans, but to ensure that the GOP can compete and win in the 21st century.”

Cook noted that Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.), pro-LGBT Republicans who were also recipients of funds from the American Unity PAC, won re-election. These candidates weren’t in as highly contested races.

4. The national trend in favor of marriage equality is real

Four states yielded good news for supporters of same-sex marriage on Tuesday night: Maine approved a voter-initiated referendum legalizing same-sex marriage; voters in Maryland and Washington upheld same-sex marriage laws passed by the legislatures put up for referenda; and Minnesota voters rejected a constitutional amendment that would have restricted marriage to one man, one woman.

The wins were a remarkable turnaround after loses in years past, breaking a losing streak in 32 states where same-sex marriage lost at the ballot. Moreover, the wins also validate national polls showing a gradual rise in support for same-sex marriage, which has led to a bare majority supporting marriage rights for gay couples.

Lanae Erickson, a lesbian and director of social policy and politics for the moderate group Third Way, said the election demonstrated marriage equality is coming into the mainstream after having been a hot-button issue for many years.

“I think this election showed that marriage and LGBT issues are no longer going to be a divisive social issue in the way they have been in the past,” Erickson said. “It definitely shows that the losing season that we had is relegated to history and now we’re in a new season where we can win frequently if not most of the time, especially on marriage.”

The victories have spurred talk about which states will be next to legalize same-sex marriage as Illinois and Minnesota are in position to take action in 2013. In New Jersey, Gov. Chris Christie has said he would favor allowing a referendum on same-sex marriage, but LGBT advocates in the state have dismissed that option.

Pinello warned that the marriage equality side won by a slim margin in these states — in Washington State, for example, the marriage law was approved by 52 percent as votes continued to trickle in — and said LGBT advocates shouldn’t attempt to place the issue on the ballot in a year other than a presidential election when the youth and progressive turnout isn’t high.

“If activists were to decide then to try it again in other states like Oregon, for example, in 2014, an off-year election, I think it might be a mistake because, again, the part of the population who are LGBT friendly tend not to turn out as much in off-year elections,” Pinello said.

5. The influence of anti-gay groups is waning

The Election Day results were a disaster for social conservative groups trying to stop the legalization of same-sex marriage and elect Republican presidential nominee Mitt Romney.

The day after the election, the National Organization for Marriage’s Brian Brown issued a statement saying the American public still favors marriage between one man, one woman, but his organization was up against “a huge financial advantage” from marriage equality supporters.

In an email message to supporters on Wednesday, the Family Research Council’s Tony Perkins dismissed the results at the ballot, saying, “And while homosexuals may be celebrating an end to our movement’s perfect record, they still have a long way to go to match the 32 states where Americans voted overwhelmingly to protect the union of a man and woman.”

Erickson said although NOM is a one-issue group and unlikely to change its tune even in the wake of its losses, social conservative groups may seek to veer away from demonizing LGBT people.

“I think a lot of the other social conservative groups will turn their attention toward other issues because they realize that the momentum on this one just is not in their favor,” Erickson said. “They’re pushing a lot, for example, to say, ‘Yeah, younger people are trending better on LGBT issues, but they’re more pro-life than their older counterparts and we can still get them on immigration and we can still get them on abortion.”

One question is whether heads will roll at these organizations as a result of their failures on Election Day. Will Brown and Perkins be forced to step down? The Huffington Post reported on Wednesday that a Republican operative said billionaire donors who contributed to the Republican Party are “livid” about the election results. Similar heat may be coming down on social conservative groups.

Pinello said conservative organizations will likely have more difficulty finding funds as donations dry up in the wake of their defeats.

“I think their momentum has been taken away; they’ve been deflated,” Pinello said. “They’re no longer guaranteed a win, so, donors, I think would be much more circumspect about whether this is the best place to put their money.”

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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Indiana

Drag queen announces run for mayor of Ind. city

Branden Blaettne seeking Fort Wayne’s top office

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Branden Blaettner being interviewed by a local television station during last year’s Pride month. (WANE screenshot)

In a Facebook post Tuesday, a local drag personality announced he was running for the office of mayor once held by the late Fort Wayne Mayor Tom Henry, who died last month just a few months into his fifth term.

Henry was recently diagnosed with late-stage stomach cancer and experienced an emergency that landed him in hospice care. He died shortly after.

WPTA, a local television station, reported that Fort Wayne resident Branden Blaettne, whose drag name is Della Licious, confirmed he filed paperwork to be one of the candidates seeking to finish out the fifth term of the late mayor.

Blaettner, who is a community organizer, told WPTA he doesn’t want to “get Fort Wayne back on track,” but rather keep the momentum started by Henry going while giving a platform to the disenfranchised groups in the community. Blaettner said he doesn’t think his local fame as a drag queen will hold him back.

“It’s easy to have a platform when you wear platform heels,” Blaettner told WPTA. “The status quo has left a lot of people out in the cold — both figuratively and literally,” Blaettner added.

The Indiana Capital Chronicle reported that state Rep. Phil GiaQuinta, who has led the Indiana House Democratic caucus since 2018, has added his name to a growing list of Fort Wayne politicos who want to be the city’s next mayor. A caucus of precinct committee persons will choose the new mayor.

According to the Fort Wayne Journal Gazette, the deadline for residents to file candidacy was 10:30 a.m. on Wednesday. A town hall with the candidates is scheduled for 6 p.m. on Thursday at Franklin School Park. The caucus is set for 10:30 a.m. on April 20 at the Lincoln Financial Event Center at Parkview Field.

At least six candidates so far have announced they will run in the caucus. They include Branden Blaettne, GiaQuinta, City Councilwoman Michelle Chambers, City Councilwoman Sharon Tucker, former city- and county-council candidate Palermo Galindo, and 2023 Democratic primary mayoral candidate Jorge Fernandez.

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