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LGBT, AIDS cuts held off two months under ‘fiscal cliff’ deal

Advocates to press need for programs in coming weeks

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Joe Biden, Barack Obama, White House, Democratic Party, gay news, Washington Blade
Joe Biden, Barack Obama, White House, Democratic Party, gay news, Washington Blade

Vice President Joe Biden and President Barack Obama appeared at the White House last night to discuss the fiscal cliff deal (Washington Blade file photo by Michael Key)

The legislative package that Congress passed this week to avert the “fiscal cliff” puts off for only two months devastating across-the-board budget cuts to federal programs — including programs directly relevant to LGBT people and people with HIV/AIDS — putting advocates in the position to continuing fighting for them in the weeks to come.

The deal, known as the Biden-McConnell plan because it was negotiated by Vice President Joseph Biden and Senate Minority Leader Mitch McConnell, raises an estimated $620 billion in revenue for the U.S. government. It continues the Bush-era tax cuts for lower and middle-class income households while eliminating them for individuals making more than $400,000 a year and married couples making more than $450,000.

Immediately following House passage of the bill, Obama delivered a statement at the White House saying passage of the plan fulfills his campaign promise to adjust a tax code that favored the wealthy at the expense of fiscal health for the country — although he had campaigned on letting tax cuts expire households with a lower income of $250,000 a year.

“Thanks to the votes of Democrats and Republicans in Congress, I will sign a law that raises taxes on the wealthiest 2 percent of Americans while preventing a middle-class tax hike that could have sent the economy back into recession and obviously had a severe impact on families all across America,” Obama said.

Some spending cuts are also in the plan. The agreement saves $12 billion, half in revenue and half from spending cuts which are divided equally between defense and non-defense programs. But the plan also places a two-month hold on the much larger sequester instituted under the Budget Control Act of 2011 in automatic cuts that were supposed to take effect on Wednesday.

Under the proposed cuts, $1.2 trillion would be cut for the U.S. government across-the-board for starting this year over the course of 10 years. An estimated 8.2 percent in the first year would be cut from discretionary federal programs, including HIV/AIDS and LGBT-related programs.

The cuts could be particularly devastating to individuals with HIV/AIDS who receive medication through AIDS Drug Assistance Programs. Some estimates predict that proposed cuts could lead to up to 12,000 people being placed on waiting list for drugs. Also on the cutting board may be housing provided to low-income people with AIDS.

Carl Schmid, deputy executive director for the AIDS Institute, said HIV/AIDS advocates will have to continue fighting to ensure an alternative plan is proposed that would stave off these massive cuts.

“We will still have to work to protect our programs over the next couple of months,” Schmid said. “I don’t see an appetite to address taxes again so they will have to address the spending side and entitlements along with the debt limit in the new Congress.”

Exemptions to theses cuts include to Medicaid — a program under which an estimated 50 percent of people with HIV/AIDS reductions rely on for support — as well as Social Security. Medicare cuts would be limited to a 2 percent reduction to providers.

The proposed cuts could also interfere with the investigation and prosecution of hate crimes against LGBT people and reduce or possibly eliminate funds for programs like the National LGBT Aging Resource Center and the LGBT Refugee Resource Center could be reduced.

LGBT groups — including Human Rights Campaign and the Center for American Progress — acknowledged that their fight to preserve funding for these programs continues despite the deal reached this week.

Michael Cole-Schwartz, an HRC spokesperson, said his organization has no position on the deal overall, but supports putting off the sequester to make more a balanced approach to spending cuts at a later time.

“HRC does not have a position on the overall package,” Cole-Schwartz said. “However we support the delay in the sequestration cuts which would be devastating to our community and will be working with the new Congress to mitigate the impact of budget cuts as they take up the issue over the coming months.”

Jeff Krehely, the Center for American Progress’ vice president of LGBT research at the Center for American Progress, also had no comment on the overall deal, but expressed concern the way sequestration is being discussed in current debate.

“I can say that I remain concerned that the current conversation seems detached from the real-world impacts that sequestration could have on vulnerable populations,” Krehely said. “It also seems increasingly likely that advocates will have to continue to engage on these issues for the near-term, at least. It’s not going to be wrapped up neatly anytime soon.”

In November, a coalition of 25 organization led by Center for American Progress and the National Gay & Lesbian Task Force issued a report detailing how the proposed would impact hurt LGBT employment discrimination claims, limit the ability of the federal government to address the high rate of homelessness among LGBT youth and reduce funds for programming directed at LGBT health.

Obama in his White House statement seemed intent on pursuing additional cuts to federal programs — saying he agrees Medicare is “the biggest contributor to our deficit” — while he added the country “can’t simply cut our way to prosperity.”

“Cutting spending has to go hand-in-hand with further reforms to our tax code so that the wealthiest corporations and individuals can’t take advantage of loopholes and deductions that aren’t available to most Americans,” Obama said. “And we can’t keep cutting things like basic research and new technology and still expect to succeed in a 21st century economy.

One anti-gay group is expressing outright opposition the deal. Before the House voted on the measure Tuesday night, Tony Perkins, president of the Family Research Council, issued a statement decrying the measure for not addressing entitlement reform or introducing significant spending cuts.

“This deal fails the American people by allowing for more runaway spending from the federal government,” Perkins said. “President Obama has made it clear he has no real intention to address Washington’s out of control spending problem. By voting for this package, Congress gives the green light to finance his liberal agenda and further burden taxpayers.”

Perkins also took issue with what he said was a tax penalization for married couples that will result in the deal.

“Research out of Family Research Council’s Marriage and Religion Research Institute routinely shows that married couples with children create the most capital and generate the most income on average,” Perkins said. “This economic activity leads to higher revenue for government and more capital for economic expansion. Why then would we penalize marriage? We should be encouraging family formation, not penalizing it.”

This complaint of tax penalization against marriage comes from one of the chief organizations working to prevent legalization of marriage for same-sex couples.

Another provision in the bill also would have an impact on wealthy married same-sex couples in comparison to their straight counterparts. The agreement raises the tax rate on the wealthiest estates – those worth upwards of $5 million per person – from 35 percent to 40 percent.

Because of the Defense of Marriage Act, gay Americans in same-sex marriage who are wealthy enough will have to have pay this estate tax to receive the inheritance of their spouse, unlike straight Americans in the same situation. New York widow Edith Windsor is challenging DOMA before the Supreme Court on the basis that she had to pay $363,000 in estate taxes upon the death of her spouse, Thea Spyer.

According to a November 2009 report from the Williams Institute, this differential treatment of gay and married couples in the estate tax code was set to affect an estimated 73 same-sex couples that year, costing them each, on average, more than $3.3 million.

Jimmy LaSalvia, executive director of the conservative group GOProud, has been an opponent of the estate tax and said the hike continues a discriminatory policy that was already made permanent in Democrats in years past.

“We said two years ago when Nancy Pelosi and Harry Reid passed legislation to make the estate tax permanent, that it is ‘discrimination by taxation,'” LaSalvia said. “These changes certainly twist that knife.”

CORRECTION: An initial version of this article misstated the terms for tax increases under the “fiscal cliff” plan. The Blade regrets the error.

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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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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

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.” 

Related

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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