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Baldwin reflects on first 100 days as U.S. senator

Lesbian lawmaker sees movement on ENDA, anti-bullying measures

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Tammy Baldwin, Wisconsin, United States Senate, Democratic Party, gay news, Washington Blade
Tammy Baldwin, Wisconsin, United States Senate, Democratic Party, gay news, Washington Blade

Sen. Tammy Baldwin (D-Wis.) will reach her 100th day in the U.S. Senate on Saturday. (Washington Blade photo by Michael Key)

The lesbian lawmaker who made history last year by becoming the first openly gay member of the U.S. Senate is about to mark another milestone: her first 100 days in office.

Saturday will mark 100 days in office for Tammy Baldwin, who was sworn in as the junior senator from Wisconsin on Jan. 3.

In an interview with the Washington Blade this week, Baldwin said nothing has surprised herĀ since she took office in the Senate because the upper chamber of Congress is so obviously different from the House, where she served for 14 years.

“On the home front, the difference is between representing a whole state and representing a slice of that state that’s reconfigured every 10 years,” Baldwin said. “That’s a big difference, and I come from a big state, a state with a really interesting political history. And so, that’s really, really exciting for me personally to represent the whole state of Wisconsin.”

Another key change for Baldwin is the relative ease of getting to know her 99 colleagues in the Senate as opposed to the 434 members with whom she served in the larger House.

“It may be just catching up with people on the walk to the Capitol or an elevator ride ā€” or all the people who’ve already reached out and said, ‘Let’s have dinner, let’s have coffee, let’s get to know each other and find out where our common ground is,” Baldwin said. “It’s one of the things I love about the legislative process ā€” trying to build majority support for certain ideas. A lot of that is done on that person-to-person level. And it’s much tougher in the House.”

And Baldwin is undertaking outreach for the LGBT community as she completes her first 100 days in office. On April 18, the D.C.-based Whitman-Walker Health will honor the senator with its Partner for Life Award at the “Be the Care” event. On Sunday, Baldwin gave a well-received keynote speech at the Gay & Lesbian Victory Fund’s annual champagne brunch in D.C.

In terms of LGBT issues, the most prevalent topic in the U.S. Senate these days isn’t legislation, but senators coming out for marriage equality. Just this week, Sen. Tim Johnson (D-S.D.) added his name to the list of senators, making a total of 54 in support of marriage equality.

Baldwin said the trend of U.S. senators coming out in favor of marriage equality reflects a growing trend nationwide. A widely cited poll from the Washington Post found that 58 percent of the American public now backs marriage rights for gay couples.

“In many cases, just like the president’s evolution on the issue, it’s been because of individuals wanting their neighbors, their relatives, their friends who are part of the LGBT community to have full and equal rights, including the right to marry the person they love and protect their own families,” Baldwin said. “I think sometimes you see elected officials leading, sometimes you see elected officials following. As long as they get to the right place, I celebrate either way.”

While many of these senators talked about consideration of their gay friends and colleagues before making their announcements, Baldwin said no U.S. senator spoke to her for her perspective as a lesbian in the days before they made their announcements because they were in the middle of spring recess.

And Baldwin has little patience for members of the LGBT community who criticized Republican Sen. Rob Portman (Ohio) for endorsing marriage as a result of his son coming out as gay.

“Obviously, he had a choice between whether to change his mind and do so privately, or change his mind and do so publicly,” Baldwin said. “I think it took courage for him to make this announcement, and, frankly, as I said earlier, the major factor for most Americans changing their mind is because of someone they know, someone they love, someone they work with. And so this is how most Americans change their mind, and I think that’s a great thing. I’m certainly not going to criticize it, and I would ask again, for those who are critical of Sen. Portman and support marriage equality, we want people to get to that place and be ready to take that stance, and we don’t really care what their journey is. We just want them to get there.”

Baldwin sees movement on ENDA, anti-bullying measures

Baldwin has relatively optimistic views about Senate advancement of pro-LGBT bills in the remainder of the 113th Congress.Ā She had particularly high hopes for legislation overseen by a panel on which she servesĀ ā€” the Senate Health, Education, Labor & Pensions Committee ā€” foreseeing advancement of both the Employment Non-Discrimination Act and the Student Non-Discrimination Act.

Recalling that Senate HELP Committee Chair Tom Harkin (D-Iowa) has pledged to move the legislation to the floor this year, Baldwin said we’ll “very likely” see ENDA advance in the Senate.

Although Baldwin sees a path in the Senate for ENDA ā€” even a floor vote ā€” it ends there. She wasn’t optimistic that the House under Speaker John Boehner (R-Ohio) would be amicable to the legislation.

“I’m feeling optimistic that we can get a floor vote on ENDA,” Baldwin said. “I’m feeling fairly pessimistic about the chances of ENDA moving ahead in the House as currently composed.”

On the issue of bullying, Baldwin was optimistic that both chambers would approve legislation ā€” provided the Senate undertakes education reform known as Elementary & Secondary Education Act reauthorization and includes the measure in the larger vehicle. Legislation that has addressed these issues are the Student Non-Discrimination Act and the Safe Schools Improvement Act.

“I think the prospect for either a Student Non-Discrimination Act within that bill or an anti-bullying measure within that bill ā€” or even both ā€” remains a distinct possibility,” Baldwin said. “And that is something that I think may be able to pass through both houses of Congress ā€” especially given earlier action in the House on the Violence Against Women Act that had LGBT-inclusion. It suggests a willingness to act in similar ways to protect LGBT youth.”

Baldwin based on her distinction on the chances of passing ENDA and an anti-bullying inclusive education reform bill on the temperament of House Republican leadership ā€” as well as passing the LGBT measure as one segment of another vehicle.

“I would say the parallel between VAWA and the ESEA is if we can make these very important provisions a part of a bill that gains some momentum, and that the Republicans in the House see as must-pass legislation, our prospects are brighter,” Baldwin said.

Although she predicts movement on ENDA, Baldwin also said she expects changes to ENDA upon reintroduction, which she anticipates later this month. The Blade previously reported the legislation was under review before its planned reintroduction later this month.

Baldwin didn’t detail the ways in which the legislation would be changed, butĀ talked vaguely about changes to ENDA that are the result of lessons learned from states and municipalities that have enacted non-discrimination policies based on sexual orientation and gender identity.

“I certainly think there’ll be some changes based on the hard work of advocacy and legal defense organizations across the U.S. where lessons have been learned from state level legislation, and we want to capture some of those changes in the proposal that’s introduced in the Senate,” Baldwin said. “That said, there’s also always the counter-attention of trying to keep all the range of supportive organizations on board and all of the, not only all of the prior sponsors of the legislation, but obviously you want to build on that to gain momentum. So, I think that’s the ā€” as I understand it ā€” the process that’s ongoing right now, and we hope it’ll come to a conclusion shortly so that the bill can be introduced.”

As previously reported by the Blade, Baldwin confirmed two areas where ENDA is under reconsideration are the religious exemption, which was previously in line with Title VII of the Civil Rights Acts of 1964, and disparate impact, an issue previously unaddressed by ENDA that deals with discriminatory action by employers that isn’t discriminatory on its face.

Thoughts on immigration, court cases

Another piece of legislation of interest to the LGBT community is the immigration reform bill that the “Gang of Eight” in the U.S. Senate is expected to make public soon. The Blade reported earlier this week that the Uniting American Families Act ā€” legislation that would enable gay Americans to sponsor their foreign same-sex partners for residency in the United States ā€” is unlikely to be included as part of the agreement.

That’s an expectation shared by Baldwin. Still, she said she expects Sen. Patrick Leahy (D-Vt.), the sponsor of UAFA in the Senate, to attempt to amend any legislation that goes through the Senate Judiciary Committee with a provision to include gay couples.

“We have the very strong potential of having the Judiciary Committee look at the some of the areas where the ‘Gang of Eight’ on immigration have left silent,” Baldwin said. “I expect that the committee will do that. And I’m very hopeful about the odds of UAFA ultimately becoming a part of the immigration reform measure.”

While not a member of the Gang of Eight producing the initial immigration reform legislation, Baldwin said she has been speaking with members of the Judiciary Committee about including UAFA as they address the bill.

“I certainly keep in touch with members of the Senate Judiciary Committee and have been voicing my strong interest in seeing them take up UAFA as an amendment at that stage of consideration of the bill,” Baldwin said.

The legislative front isn’t the only place where LGBT advances are expected. The U.S. Supreme Court is expected to rule in June in two marriage equality-related lawsuits: one challenging California’s Proposition 8, the other challenging the Defense of Marriage Act.

Baldwin, who attended oral arguments in the DOMA case, said she’s hopeful about an outcome that would enable the federal government to recognize legally married same-sex couples.

“I’m very hopeful that there will be a determination that DOMA is unconstitutional,” Baldwin said. “My hope is that then marriages would be recognized by the federal government regardless of venue or jurisdiction, but that really is one of the key issues that people are watching, and again, we don’t know how broadly the court will apply its decision.”

Although she wasn’t in attendance for the Prop 8 arguments, Baldwin was hopeful about a positive court ruling, although she didn’t know what the scope of the ruling would ultimately be.

“The feeling that the court may basically rule it’s improperly before the Supreme Court at this time either because of standing issues or because they basically made a premature decision to take up the case,” Baldwin said. “In either event, my understanding is that the lower court ruling, which declared Proposition 8 unconstitutional, would stand, but, unfortunately, that would mean the reach was only to the State of California, not nationally.”

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Congress

House passes spending bill as Greene threatens to oust Johnson

51 of 52 anti-LGBTQ riders were defeated

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Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20. (Washington Blade photo by Michael Key)

The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

ā€œToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā€ said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

The speaker, meanwhile, proclaimed, ā€œHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā€

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

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Congress

Massive defeat for anti-trans, anti-LGBTQ riders in spending bill

Proposal has only one rider that would target community

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U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative ā€œpolicy riders.ā€ 

These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.

One policy rider proposed for the Food and Drug Administration would have defunded any hospital that ā€œdistributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,ā€ a measure targeting not only transgender youth but also those experiencing precocious puberty. 

Another rider sought to bar any government funding toward ā€œsurgical procedures or hormone therapy for the purposes of gender-affirming careā€ in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Bidenā€™s executive order titled ā€œPreventing and Combating Discrimination on the Basis of Gender Identity,ā€ which broadened anti-discrimination protections for trans individuals.

Additional riders included bans on funding for any organization thatĀ ā€œpromotes transgenderism,ā€Ā Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.

In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.

Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.

In the past, some embassies have gotten around such bans by not ā€œflying a flag over the embassyā€ but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.

News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. ā€œAs you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,ā€ said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.

However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.

Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, ā€œPeople are predicting a shutdown even if it’s just for a few days.ā€ Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.

Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.)Ā expressed angerĀ at funding for the New Jersey Garden State Equality in Education Fund, calling it ā€œforce feeding the LGBT agenda in schoolsā€ and stating that it enables ā€œgender mutilation surgeries in minors,ā€ ā€œbiological menā€ in womenā€™s bathrooms and trans participation in sports.

U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans ā€œsurrenderedā€ to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote ā€œnoā€ and to shut down the government.

In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.

See the House Appropriations Democrats statement:

Press release, House Appropriations Democrats on Labor-HHS-Education

The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.

However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.

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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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Congress

Padilla, FCC introduce measure to improve 988 Suicide and Crisis Lifeline

HHS launched effort in 2022

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U.S. Sen. Alex Padilla (D-Calif.) (Screen capture: YouTube)

U.S. Sens. Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), joined by U.S. Rep. Tony CƔrdenas (D-Calif.), Federal Communications Commission Chairwoman Jessica Rosenworcel and U.S. Secretary of Health and Human Services Xavier Becerra, introduced a measure on Thursday to improve the 988 Suicide and Crisis Lifeline.

Calls are currently routed to mental health professionals and local public safety officials based on the caller’s area code ā€” even though, as the lawmakers and officials noted during their announcement ā€” in many cases, the area code, especially for cell phone numbers, does not match the location from which they are calling.

Under the new proposal, Padilla said, “We’re going to be in a position to be able to provide care as quickly and as safely as possible.”

“In the same way that 911 calls in the case of an emergency are routed to local providers, local first responders, so ambulances can come out and help quickly when you call 911, 988 should be tied to a caller’s location, not their area code,” he said.

Calling Padilla, Tillis, and CĆ”rdenas “great champions of mental health,” Rosenworcel noted, “that’s not our stock and trade” at the FCC.

“We are people who deal with technology and communications,” she said, “but we came to realize that we could work with Congress to make sure that everyone in this country who’s going through a crisis has someone to call and someone who can listen ā€” and that’s why in 2022, we set up 988, the easy-to-remember three digit number for anyone who is in crisis.”

A press release from Padilla’s office explains the details for how the update to the 988 Suicide and Crisis Lifeline will work:

“The Notice of Proposed Rulemaking (NPRM) announced today seeks to address the discrepancies and inefficiencies of the current system by proposing the adoption of a rule that would require a georouting solution to be implemented for all wireless calls to the 9-8-8 Lifeline while balancing the privacy needs of individuals in crisis. 

Georouting refers to technical solutions that enable calls to be directed based on the location of the caller without transmitting the callerā€™s precise location information.Ā These solutions would permit wireless calls to the 9-8-8 Lifeline to be directed to nearby crisis centers based on factors such as the cell tower that originated the call rather than the area code of the wireless device used to place the call.”

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three.

A 2023 survey by the Trevor Project, which included more than 28,000 LGBTQ participants aged 13-24, found that 41 percent had seriously considered suicide within the past year and 56 percent wanted ā€” but were unable to get ā€” mental health care within the last year.

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