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Hawaii governor reflects on state’s long marriage struggle

‘As Hawaii is concerned, we succeeded yesterday’

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Neil Abercrombie, Hawaii, gay, Washington Blade
Neil Abercrombie, Hawaii, Washington Blade, gay

Hawaii Gov. Neil Abercrombie on Nov. 13, 2013, signs his state’s same-sex marriage bill into law. (Photo courtesy of State of Hawaii/Office of the Governor)

Hawaii Gov. Neil Abercrombie on Thursday said yesterday’s ceremony during which he signed a bill that extends marriage rights to same-sex couples in his state was more than a celebration.

“It was more like an acknowledgement of the culmination of many years of what we call in Hawaii as part of our Aloha spirit: patient perseverance,” he told the Washington Blade during a telephone interview from Honolulu.

Abercrombie signed the measure into law at the Hawaii Convention Center in Honolulu one day after the state Senate approved it by a 19-4 margin.

Senate Bill 1 passed in the Hawaii House of Representatives on Nov. 8 after lawmakers debated it for more than 12 hours. The chamber two days earlier approved the measure on its second reading following five days of testimony from SB1 supporters and opponents.

Abercrombie told the Blade he initially thought the special legislative session to debate SB1 that began on Oct. 28 would have ended within a week — and not 15 days.

“It is still a reflection of the legislative process that’s undertaken so that everybody clearly has an opportunity to speak,” he said. “Much of it, of course, was repetitive and I’m sorry to say that some of it could only be called as rate, but that was more a sign of less of conspiracy than it was the intensity with which the opponents were operating.”

Lesbian state Rep. Jo Jordan, who Abercrombie appointed in 2011, sparked outrage among LGBT rights advocates when she voted against SB1.

“I wish we had had perhaps a little more opportunity to discuss the issue,” Abercrombie said. “I expect that she has her set of reasons. Whether or not I agree with all those reasons I don’t know.”

Abercrombie added that same-sex marriage supporters criticized him because he did not call a special legislative session “when they wanted me to do it.”

“My position always was and always has been I need 13 votes in the Senate and 26 votes in the House,” he said. “I don’t need rhetorical victories. I don’t need tactical advice that has nothing to do with keeping your eye on the prize, which is to get the bill passed and get a bill passed that will stand up to constitutional investigation and vetting and be able to say secure the necessary votes to get it on my desk.”

Then-Hawaii Supreme Court Justice Steven Levinson in 1993 ruled the denial of marriage rights to same-sex couples is unconstitutional. This landmark decision prompted Congress three years later to pass the Defense of Marriage Act that prohibited the federal government from legally recognizing gay nuptials.

The U.S. Supreme Court in June found a portion of DOMA unconstitutional.

Abercrombie said Levinson’s ruling “formalized a discussion” that he said had already been taking place in Hawaii about how to extend relationship recognition to same-sex couples in the state. He noted he backed civil unions for gays and lesbians before 1993.

“I was the object of a lot of criticism,” Abercrombie told the Blade. “I felt that we had to move this along in a process that would enable us to succeed politically as opposed to making what I felt would be a moral point, if you will, that was doomed to failure at that time and I felt would hold us back from achieving marriage equality.”

Hawaii voters in 1998 approved a state constitutional amendment that allowed the legislature to ban same-sex marriage.

The state’s civil unions law took effect in 2012, but a federal judge in August of that year dismissed a lawsuit filed on behalf of two gay couples who sought marriage rights in Hawaii. The plaintiffs subsequently petitioned the U.S. Ninth Circuit to hear their case alongside a second lawsuit that seeks to extend marriage rights to same-sex couples in Nevada.

Abercrombie cited the U.S. Supreme Court’s ruling against DOMA and California’s Proposition 8 in his decision not to defend Hawaii’s same-sex marriage ban in the aforementioned lawsuit.

“It was clear to me in the wake of the Supreme Court rulings that the civil unions law which I signed right after I was sworn in obviated the prohibition,” he said. “I said ‘look, I can’t defend something that I don’t think has legal validity.’”

Abercrombie gives pen used to sign SB1 to Levinson

Hawaii is among the 15 states and D.C. in which same-sex couples can now legally marry.

Illinois Gov. Pat Quinn on Nov. 20 is scheduled to sign a measure that will allow nuptials for gays and lesbians in his state.

A judge on Thursday refused to consider state Rep. Bob McDermott’s motion that would have blocked SB1 from taking effect on Dec. 2.

Abercrombie told the Blade one of the things about which he thought before he signed SB1 into law was seeking the Human Rights Campaign’s support during his 1986 congressional campaign. He recalled meeting two HRC staffers inside their small office near the U.S. Capitol.

“We’ve come a long, long way from an upstairs office somewhere on D Street,” Abercrombie said. “As I said yesterday, people who have been forced to be invisible all their lives are now visible to themselves and the whole world.”

Abercrombie also gave the pen he used to sign SB1 into law to Levinson.

“It was never a question in my mind of what Hawaii precipitated in 1993 would succeed,” Abercrombie told the Blade. “It was always a question in my mind [as to whether] we put together events [and] timing in such a way as to succeed. And at least as Hawaii is concerned we succeeded yesterday.”

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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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