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Trumpcare appears defeated, but LGBT opponents remain wary

‘I don’t think we’ve heard the last from the GOP on healthcare’

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President Trump poses in cab of firetruck on day GOP support for Trumpcare crumbles.Ā (Image courtesy of C-SPAN)

After Republican support crumbled for Trumpcare, LGBT advocacy groups that sought to preserve the Affordable Care Act are quietly confident it will remain in place ā€” although they say they’re keeping a watchful eye.

Late Monday night, two Republicans ā€” Sens. Mike Lee (R-Utah) and Jerry Moran (R-Kansas) ā€” announced they’d vote “no” on the latest version of the Better Care Reconciliation Act proposed by Senate Majority Leader Mitch McConnell (R-Ky.). With Sens. Susan Collins (R-Maine) and Rand Paul (R-Ky.) already opposed to the bill, the defections of Lee and Moran assured defeat of the bill if it came to the floor.

David Stacy, government affairs director for the Human Rights Campaign, said despite the apparent failure of Trumpcare, now is not the time to rest.

“While weā€™re glad to see the Trump/McConnell plan to strip health care from millions of Americans has failed up until this point, by no means are we claiming complete victory,” Stacy said. “The ACA provides unprecedented access to health care for LGBTQ people and we simply cannot afford for this access to be taken away. HRC will continue to engage our millions of members across the country and keep the pressure on Congress to reject any proposals to dismantle our health care system.”

LGBT groups like the Human Rights Campaign oppose Trump’s effort to repeal and replace the ACAĀ on the basis that many LGBT people gained insurance as a result of President Obama’s signature legislative achievementĀ and because the measure would deny Medicaid reimbursements to Planned Parenthood, which touts its health services for LGBT people.

McConnell has pledged to bring to the floor legislation in the coming days that would repeal Obamacare without offering any replacement ā€” a move that in addition to eliminating health care for millions of people would explode the deficit.

Even though the same bill passed the chamber in 2015, it’s unlikely to pass this time around without assurance of a presidential veto. Key Republicans ā€” Sens. Lisa Murkowski (R-Alaska) and Shelly Moore Capito (R-W.Va.) ā€” have said they’d vote “no.” Collins voted “no” in 2015 and said she’d do so again.

Mara Keisling, executive director ofĀ the National Center for Transgender Equality, nonetheless cautioned “cynical efforts to hurt Americans for political purposes” may still be on the way despite projections Trumpcare is dead.

“We are not confident that efforts to defund Planned Parenthood are dead,” Keisling said. “We are not confident that efforts to take healthcare away from trans service members and veterans are dead. We will continue to fight side-by-side with so many allies to make sure our healthcare system is improved and not dismantled and made accessible only to the wealthy. We are extremely confident that our side will fight harder and with solidarity to protect people’s lives than the powers that be will fight to hurt us.”

After the lossĀ of GOP support for the Better Care Reconciliation Act, President Trump took to Twitter to lambast lawmakers, blaming the failure on “all of the Democrats and a few Republicans.”

“Most Republicans were loyal, terrific & worked really hard,” Trump tweeted. “We will return!”

The White House has maintained Trump made phone calls to lawmakers and met with them to encourage their support for the Senate health care bill. On Wednesday, Trump was set to hold a working lunch at the White House State Dining Room with Republican members of Congress to discuss health care.

Nonetheless, the general perception is Trump has been disengaged fromĀ efforts to repeal Obamacare ā€” a signature promise during Trump’sĀ presidential campaign. On Monday, the same day GOP support for Trumpcare crumbled, Trump posed for a photo-op in the cab of a firetruck parked on the White House lawn for “Made in America” week.

White House Deputy Principal Press Secretary Sarah Huckabee Sanders blamed Democrats on Tuesday for the failure of Trumpcare, even though they’re in the minority in Congress and weren’t responsible for GOP withdrawal from the bill.

“They’re responsible for passing Obamacare,” Sanders said. “They’re responsible for creating the mess that we’re in. They’re responsible for being unwilling to work with Republicans in any capacity to help fix a system that they know is completely flawed and have publicly said so. I think that itā€™s pretty clear, and I think the responsibility lies on their shoulders.”

Gregory Angelo, president of Log Cabin Republicans, said contrary to expectations that Trumpcare is dead, he wouldn’t rule out Republican efforts to reform health care law.

“I don’t think we’ve heard the last from the GOP on healthcare,” Angelo said. “Whether it’s repeal, replace, reform, or some combination thereof, the continuing collapse of Obamacare, spikes in premiums and insurer exits from exchanges will necessitate that Republicans act sooner or later.”

Trump himself may take unilateral action. On Tuesday, he told reporters “we’re probably in that position where we’ll let Obamacare fail” in the aftermath of crumbling support for the bill.

“We’re not going to own it. I’m not going to own it,” Trump said. “I can tell you the Republicans are not going to own it. We’ll let Obamacare fail and then the Democrats are going to come to us and they are going to say ā€˜how do we fix it, how do we fix itā€™ or ā€˜how do we come up with a new plan?ā€™”

Trump’s position for some time has been that Obamacare is a dead program, but his remarks raise questions about whether the Trump administration would seek to administratively undermine the Affordable Care Act, such as by denying subsidies to health care recipients who qualify for them.

At the White House, Sanders wouldn’t commit the president to support the subsidies and the executive sustenance required under the Affordable Care Act.

“As has been the case since we got here, we’ll continue to keep you posted as decisions and changes are made, or if they’re not,” Sanders said.

Meanwhile, bipartisan talks on health care are happening. Sen. Tom Carper (D-Del.) told the Daily Beast a bipartisan group of senators spoke Tuesday night about possible fixes to Obamacare that don’t involve repealing the law.

ā€œDemocrats, Republicans, and I think one independent slipped in as well,ā€ Carper was quoted as saying. ā€œIā€™m more encouraged at this point than Iā€™ve been in quite some while that we might somehow be able to find a road, a path together.”

A major criticismĀ from LGBT groups ā€” as well as HIV/AIDS advocacy groups ā€” was the inclusion inĀ GOP plans to replace Obamacare of a provision to undo the Medicaid expansion under the Affordable Care Act. That rose the income level to qualify for care under that program to 133 percent of the poverty level ā€” provided the states agreed to it.

An estimated 40 percent of people with HIV ā€” a disease that still disproportionately affects LGBT people ā€” received coverage under Medicaid.

Carl Schmid, deputy executive director of AIDS Action, said he expects Obamacare to remain the law and is “greatly relieved,” but nonetheless noted the need for change of the health care system.

“There is much that the administration can do through regulation to alter health care ā€” private insurance plans and Medicaid ā€” and [we] expect them to do that, actually they have started to make changes as well,” Schmid said. “As they make changes, we want to make sure they do not restrict access and benefits and loosen important patient protections. Legislative fixes are still needed, premiums and patient cost-sharing are too high, and we hope that they can happen on a bi-partisan basis.”

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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