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CPAC highlights GOP division on gay rights, marriage

‘A few in our movement just don’t like gay people’

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Jimmy LaSalvia, GOProud, CPAC, Republican Party, GOP, gay news, Washington Blade, CEI, Conservative Enterprise Institute, Rainbow on the Right
Jimmy LaSalvia, GOProud, CPAC, Republican Party, GOP, gay news, Washington Blade, CEI, Conservative Enterprise Institute, Rainbow on the Right

Conservative pundits urged the GOP to evolve on the marriage issue at CPAC. (Washington Blade photo by Michael Key)

NATIONAL HARBOR, Md. — The message from Republicans on gay inclusion in the party was mixed as the Conservative Political Action Conference unfolded over the weekend. As one faction of the party was saying evolve or die, the other was saying there’s no need for change.

The push for Republicans to adopt a more inclusive tone was heard most distinctly during an unofficial event at CPAC titled, “A Rainbow on the Right: Growing the Coalition, Bringing Tolerance Out of the Closet.”

That panel concluded just hours before Sen. Rob Portman (R-Ohio) announced he supports marriage equality. But at the same time, leaders of the Republican Party — most prominently House Speaker John Boehner (R-Ohio) — continue to assert steadfast opposition to marriage equality.

Jimmy LaSalvia, executive director of the gay conservative group GOProud, was one of the lead speakers on the panel and advocated for a change in the conservative movement.

“In 2013, those who demonize gay people and oppose homosexuality are way out of the mainstream, because everyone has a gay person in their lives — and they know better,” LaSalvia said. “I believe that this issue contributes more to conservatives’ image problem than any other, because it’s an issue that cuts across all demographic groups. And it has to be addressed.”

LaSalvia, whose organization endorsed marriage equality in January, said the conservative movement has tolerated “anti-gay bigotry” for too long, but emphasized those who oppose same-sex marriage aren’t necessarily homophobes.

“Opposition to gay marriage isn’t, in and of itself, bigotry,” LaSalvia said. “There are, however, a few in our movement who just don’t like gay people, and in 2013 that’s just not OK in America anymore. Gay people are in every family, every circle of friends, and every community in the country now. Everybody knows a gay person.”

The panel, hosted by the Competitive Enterprise Institute, was an unofficial event that took place in the Gaylord National Hotel as CPAC was underway. GOProud, along with the John Birch Society, was barred in 2011 from sponsoring the annual conservative conference and hasn’t been allowed back since. While the American Conservative Union, which organizes CPAC, said the groups were barred because of “disrespectful behavior,” GOProud says they were barred from participating because it’s a gay organization.

On stage at CPAC, mention of marriage equality or other LGBT outreach was scant, although a few speakers brought up the issue. Most prominent was Sen. Marco Rubio, who said during his remarks on Thursday, “Just because I believe that states should have the right to define marriage in a traditional way does not make me a bigot.”

Former Florida Gov. Jeb Bush on Thursday as the keynote speaker of a dinner honoring former President Reagan also warned against an anti-gay image for the Republican Party.

“Way too many people believe Republicans are anti-immigrant, anti-woman, anti-science, anti-gay, anti-worker, and the list goes on and on and on,” Bush said. “Many voters are simply unwilling to choose our candidate — even though they share our core beliefs — because those voters feel unloved, unwanted and unwelcome in our party.”

Off stage came another announcement: Portman announced that he’s had “a change of heart” and came to support marriage equality after his son Will, a student at Yale University, came out as gay two years ago.

“One way to look at it is that gay couples’ desire to marry doesn’t amount to a threat but rather a tribute to marriage, and a potential source of renewed strength for the institution,” Portman wrote in an op-ed for the Columbus Dispatch.

While the panel took place before Portman’s announcement, a number of prominent conservative commentators on the CEI panel, who spoke before a packed audience, advocated for a similar evolution in the Republican Party on marriage equality.

Jennifer Rubin, a conservative blogger for the Washington Post, said outreach to the LGBT community would be akin to the Republican Party’s effort to reach out to Latinos by working on immigration reform.

“I suggest that in another generation, or a half generation, this argument is going to be gone,” Rubin said. “Virtually every state in the union will have voted by popular vote; some may choose not to, and they’re going to experience whatever social and economic consequences flow from that. But in 10 years or so, no one is going to be talking about this.”

Earlier this month, polling analysis was unveiled by the LGBT advocacy Freedom to Marry showing opposition to marriage equality rests within three groups: white evangelical Christians, older people and non-college educated white people. Another notable statistic: 51 percent of Republicans under the age of 30 support marriage equality.

That last statistic was a point that Liz Mair, president of the Arlington, Va., consulting firm Mair Strategies, drew upon as she advocated for greater Republican outreach.

“The way that we’re going to talk about these issues and in some cases, the stands that we take on them, is going to prove to be a problem,” Mair said. “There’s something that needs to be addressed here, and that needs to be addressed now.”

Margaret Hoover, a conservative CNN contributor, also warned that continued opposition to marriage equality will harm the conservative movement as younger voters grow older.

“The millennial generation, the 30 and unders, are simply not hearing conservatism because they’re tuning us out based on a certain set of issues,” Hoover said. “Winning the argument and showing that we’re an inclusive movement is critical to not turning them off to a whole other rainbow of our other ideas.”

One question that sparked discussion concerned whether government should get out of the institution of marriage altogether — for both same-sex and opposite-sex couples — and simply allow individuals to form contracts with whomever they choose. That view was espoused last week by Sen. Rand Paul (R-Ky.), who won the CPAC straw poll as the attendees’ preferred presidential candidate for 2016.

Mair explained that while many conservatives would like to see the government out of marriage, many aspects of government are involved in marriage, so support for marriage equality is the best option for libertarians.

“Unless you have a radical overhaul of the tax system, a radical overhaul of the entitlement system and, frankly, probably a radical overhaul of the immigration system, also, because that is going to affect certain same-sex couples, that’s not actually going to be a practical way of ensuring equality and rights,” Mair said.

Jonah Goldberg, editor-at-large for the National Review, said he agrees the Republican Party needs to work on greater inclusiveness toward LGBT people, but noted that work needs to be done to hold onto social conservatives within the movement.

“You’re going to have to show me who you’re going to replace the 20 to 30 million social conservatives and evangelicals who may leave the party if you completely abandon some of those issues,” Goldberg said. “So the trick is to explain to people on our side why this is the right position because if you do that, you’ll have a great moral victory, but you’ll lose even more elections. It makes a lot more sense to try to persuade the people who agree with you on 80 percent of the issues to stick with you, than to say, ‘Go to hell over this one issue!'”

And remarks from other prominent Republicans over the weekend demonstrate the view that marriage is one man, one woman is still held by leaders within the party.

Most prominent is Boehner, who said in an interview on ABC “This Week” airing on Sunday that he couldn’t imagine his views on marriage changing, even if — like Portman — a child came out to him as gay.

“I believe that marriage is the union of one man and one woman,” said Boehner said. “It’s what I grew up with.  It’s what I believe. It’s what my church teaches me, and I can’t imagine that position would ever change.”

According to Roll Call, former Republican presidential candidate U.S. Sen. Rick Santorum under questioning at CPAC indicated he was unmoved when asked about Portman’s newfound support for marriage equality, saying, “Just because someone changes their mind doesn’t change things.”

Santorum reportedly added Republicans are confronting “very difficult facts” in their live, but if marriage were just about “two adults who love each other,” there’s no reason not to let “three or four people” marry. His remarks reportedly generated loud applause.

And on a CPAC panel on bullying faced by conservatives, titled “Stop THIS: Threats, Harassment, Intimidation, Slander & Bullying from the Obama administration,” Brian Brown, president of National Organization for Marriage, maintained opposition to marriage equality is a conservative principle.

“When you hear someone act as if standing up and believing for the truth about marriage is not a conservative principle is not the truth, refuse to back down, refuse to be cowed, do not accept the notion that this is an issue that somehow we can’t talk about or we can’t debate,” Brown said. “Don’t accept the idea that we need silence on this issue. What we need is people standing up more than ever for marriage is the union between a man and a woman. What we’ve seen in state-after-state is that when people do this, far from being a losing issue, it’s a winning issue.”

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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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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