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Election results bolster state marriage fights

Rhode Island, other states expected to debate issue in 2013

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Barack Obama, Election 2012, gay news, Washington Blade
Barack Obama, Election 2012, gay news, Washington Blade

Polls show President Obama’s same-sex marriage support did not hurt him among voters. (Washington Blade photo by Michael Key)

Same-sex marriage advocates contend the Nov. 6 election results have given them additional momentum to fight for nuptials for gays and lesbians in their respective states.

Ray Sullivan, campaign manager of Marriage Equality Rhode Island, the group fighting for marriage rights for same-sex couples there, noted to the Washington Blade in a post-Election Day interview the General Assembly will have ā€œmore pro-equality legislators seated than ever in historyā€ in 2013.

Gay House Speaker Gordon Fox, who sparked controversy in 2011 when he endorsed a civil unions bill because of a lack of support in his chamber for a marriage measure, has pledged to call a vote on a proposal that would allow nuptials for gays and lesbians in the state before the end of January. The Rhode Island chapter of the American Civil Liberties Union noted in May only 52 couples had obtained civil union licenses since the stateā€™s civil union took effect in July 2011.

Gov. Lincoln Chafee signed an executive order earlier this year mandating state agencies to recognize same-sex marriages legally performed in neighboring Massachusetts, Connecticut and other states. He has also publicly backed marriage rights for same-sex couples, even though he reluctantly signed the controversial 2011 civil unions bill into law.

ā€œThere is this sense that finally in Rhode Island itā€™s not a matter of if, but when,ā€ said Sullivan, who noted MERI and other advocates could focus on building additional support for the same-sex marriage bill in the state Senate if it passes in the House. ā€œThe results from last Tuesday both here and throughout the country represent quite frankly ground-shifting momentum for the pro-equality effort. Our focus and our jobs will be to capitalize on that momentum, reaffirm the support we already have, work with this record [majority and] finally make 2013 the year that we get this done.ā€

Voters in Maine, Maryland and Washington on Election Day approved referenda that either extended nuptials to gays and lesbians or upheld their stateā€™s same-sex marriage laws. Minnesotans also rejected a proposed state constitutional amendment that would have defined marriage as between a man and a woman.

Minnesota Gov. Mark Dayton, who supports nuptials for gays and lesbians, is among those who spoke out against Amendment 1.

Delaware Gov. Jack Markell, who signed his stateā€™s civil unions bill into law in May 2011, raised eyebrows in August when he suggested to the Huffington Post state lawmakers could debate a same-sex marriage bill as early as next year.

Garden State Equality Chair Steven Goldstein expressed confidence in a post-Election Day statement New Jerseyā€™s Democratic-controlled state legislature will override Gov. Chris Christieā€™s veto of the same-sex marriage bill lawmakers approved earlier this year. The state does not have a referendum or initiative process, but Goldstein stressed his group remains opposed to the idea of allowing voters to consider marriage rights for gays and lesbians at the ballot.

ā€œThe majority should never vote on the civil rights of a minority, period,ā€ he said.

Same-sex marriage advocates in other states are poised to implement a different strategy.

Basic Rights Oregon has launched an online campaign designed to bolster support for a 2014 ballot measure that would overturn the stateā€™s constitutional amendment that defines marriage as between a man and a woman. Oregon would become the first state in the country to overturn such a ban if voters support the referendum.

ā€œAs more and more Americans are having conversations with gay and lesbian friends and family about why marriage matters, theyā€™re coming to realize that this is not a political issue: This is about love, commitment and family,ā€ reads the appeal. ā€œWe know that we are on the right path. Our outreach, just like that of the states who [have won] the freedom to marry is winning hearts and minds.ā€

Rick Sutton, executive director of Equality Indiana Action, which opposes a proposed state constitutional amendment that would ban marriage for same-sex couples that is expected to go before voters in 2014, told the Blade his group has already looked to the campaign that defeated Minnesotaā€™s Amendment 1 for guidance.

ā€œItā€™s pretty clear to me to win an amendment like that ā€” thereā€™s was very similar to what ours will likely be ā€” you have to have a pretty broad coalition of businesses, faith community, labor, retired folks, the whole gamut,ā€ said Sutton. He noted WellPoint, the Simon Property Group and other Indiana-based corporations have already spoken out against the proposed amendment. ā€œIt will be difficult to attract and retain top quality scientists and engineers, particularly younger ones, who just donā€™t think this is something government should be getting involved with. Theyā€™re concerned about their future workforce.ā€

An ABC News/Washington Post poll released on Nov. 14 indicates 51 percent of Americans support marriage rights for same-sex couples. A Gallup poll conducted shortly after President Obama publicly endorsed marriage rights for same-sex couples noted 60 percent of respondents said his position on the issue would not influence whether they would support or oppose his re-election bid.

ā€œWhat happened I think with this election is that itā€™s taken away the argument from our opponents that when legislators are forced to vote to affirm the right of same-sex couples to marriage equality, the popular sentiment is on the opposite side,ā€ Equality Illinois CEO Bernard Cherkasov told the Blade.

Lambda Legal and the ACLU of Illinois on May 30 filed lawsuits against the Cook County Clerkā€™s office on behalf of 25 same-sex couples. Attorney General Lisa Madigan and Cook County Stateā€™s Attorney Anita Alvarez have both said they support the litigation, while Cook County Clerk David Orr and Chicago Mayor Rahm Emanuel are among those who support marriage rights for same-sex couples.

More than 4,800 same-sex couples have taken advantage of the stateā€™s civil unions law since it took effect in July 2011, but Cherkasov said the election results confirm ā€œthereā€™s popular support for marriage equality.ā€

ā€œLawmakers should follow suit and actually grant marriage equality to gay and lesbian couples in loving, committed relationships,ā€ he said. ā€œWe intend to carry that message to our lawmakers in Illinois.ā€

Sutton agreed as he discussed Obamaā€™s evolution on the successful same-sex marriage referenda in Maine, Maryland and Washington on Election Day.

ā€œNational momentum is there,ā€ he said. ā€œThe time has come for the other side to realize where they are. They wonā€™t give up quietly. Their argument never changes. Itā€™s always the same, and weā€™re ready for that. Weā€™re absolutely ready.ā€

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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, ā€œPennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because thatā€™s exactly what heā€™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 Pennsylvaniaā€™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.ā€ 

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, ā€œPresident Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history ā€” and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

ā€œThis 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 ā€” including the LGBTQI+ community ā€” and that we leave no community behind as we build an equitable and inclusiveĀ clean energy economy for all.ā€

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 nationā€™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 measureā€™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 Millsā€™s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signedĀ 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 followsĀ several bomb threatsĀ targeting state legislators after social media attacks from far-right anti-trans influencers such asĀ Riley GainesĀ andĀ 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 Maineā€™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 Healthā€™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 theĀ 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 ā€¦ opening the door to criminalizing womenā€™s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who,Ā according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Childrenā€™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 Childrenā€™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 Childrenā€™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,Ā said in a statement, ā€œWe 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 couldnā€™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.ā€Ā 

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Destie Hohman Sprague of the Maine Womenā€™s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, ā€œA 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 statesā€™ rights and our citizensā€™ freedoms.ā€

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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