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Pentagon to allow trans enlistments Jan. 1 after latest court order

Judge denies DOJ’s request for a temporary stay on accessions

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James Mattis, gay news, Washington Blade

The Pentagon under Defense Secretary Jim Mattis will allow transgender service members to enlist starting Jan. 1. (Photo courtesy Department of Defense)

The Pentagon has affirmed it will allow transgender enlistments starting Jan. 1 on the same day a federal judge asserted her order against President Trump’s ban on their service means they can accede into the military on that target date.

U.S. District Judge Colleen Kollar-Kotelly, a Clinton appointee, issued the order Monday in response to a request from the U.S. Justice Department for a temporary stay on the portion of her order requiring the Pentagon to admit transgender service members starting Jan. 1.

“For more than a year preceding the summer of 2017, it was the policy and intention of the military that transgender individuals would soon begin to accede,” Kollar-Kotelly said. “Moreover, the court issued the preliminary injunction in this case approximately six weeks ago, and since then defendants have been on notice that they would be required to implement the previously established policy of beginning to accept transgender individuals on January 1, 2018. In other words, with only a brief hiatus, defendants have had the opportunity to prepare for the accession of transgender individuals into the military for nearly one and a half years.”

Kollar-Kotelly also takes a jab at the Justice Department over the process in which it requested a stay, saying the “portrayal of their situation as an emergency is belied by their litigation tactics.” She notes the appeal of her initial decision didn’t come until weeks later and the request for a partial stay didn’t come until December.

“If complying with the military’s previously established January 1, 2018 deadline to begin accession was as unmanageable as defendants now suggest, one would have expected defendants to act with more alacrity,” Kollar-Kotelly writes.

The judge had already clarified in response to a request from the U.S. government that her order against Trump’s transgender military ban, issued in response to a lawsuit filed by GLBTQ Advocates & Defenders and the National Center for Lesbian Rights, means transgender enlistments must begin Jan. 1.

That was the target date Defense Secretary James Mattis established for transgender enlistment in a memo he issued in June delaying that change in policy for another six months in response to a joint request from military service chiefs. Transgender enlistments were initially scheduled to begin June 30 as a result of a change initiated in the Obama era under former Defense Secretary Ashton Carter.

Shannon Minter, legal director for the National Center for Lesbian Rights, said in a statement the Trump administration’s assertion “our highly sophisticated military is unprepared to implement a minor policy change after more than a year of preparation are simply not credible.”

“The military has studied this issue extensively and determined that permitting qualified transgender people to enlist and serve will only strengthen our nation’s armed forces,” Minter writes. “This administration’s claim that allowing transgender people to enlist will lessen military preparedness is contradicted by the military’s own conclusions.”

The Justice Department has already appealed Kollar-Kotelly’s decision against Trump’s transgender ban as well as her clarification it means transgender enlistments must begin Jan. 1 to the U.S. Federal Circuit Court of Appeals in D.C. Meanwhile, the Justice Department has also appealed an order against the transgender ban issued by a federal judge in Maryland as a result of a separate lawsuit filed by the American Civil Liberties Union to the U.S. Third Circuit Court of Appeals.

Lauren Ehrsam, a Justice Department spokesperson, is quoted in the Washington Post as saying the department disagrees with the ruling and is “currently evaluating the next steps.”

“Plaintiffs’ lawsuit challenging military service requirements is premature for many reasons, including that the Defense Department is actively reviewing such service requirements, as the president ordered, and because none of the plaintiffs have established they they will be impacted by current policies on military service,” Ehrsam reportedly added.

Prior to the ruling, as reported by the Associated Press, the Pentagon announced Monday it’s preparing to admit transgender people into the armed forces starting Jan. 1 despite the Justice Department’s continued efforts to fight the  court orders.

Maj. David Eastburn, a Pentagon spokesperson, told the Washington Blade the U.S. military “will begin processing transgender applicants for military service on January 1, 2018” as legal opportunities to challenging the court orders are evaluated.

Eastburn said the Pentagon will still disqualify potential recruits with “gender dysphoria, a history of medical treatments associated with gender transition and those who underwent reconstruction.”

However, those recruits, Eastburn said, will be allowed into the military if a medical provider certifies they’ve been clinically stable in their gender identity for 18 months and “are free of significant distress or impairment in social, occupational or other important areas.”

White House Press Secretary Sarah Huckabee Sanders, questioned on the Pentagon announcement by NBC News during the daily briefing, said the change reflects the requirements of court orders against Trump’s transgender military ban.

“As of right now, they’re simply complying with a court order and preparing to implement a previous policy to remain in compliance,” Sanders said.

Sanders added, however, the Justice Department is “currently reviewing the legal options to ensure that the president’s directive can be implemented,” deferring additional questions to the department.

Matt Thorn, executive director of OutServe-SLDN, said his organization is “very pleased” the Pentagon is preparing to admit transgender enlistments on Jan. 1 as required by court order.

“The lawsuits filed by all organizations and the injunction by Judge Koller-Kotley should definitively be a sign to this administration that discrimination will not be tolerated in our armed forces,” Thorn added. “The Pentagon never wanted this ban, it was moving ahead with this policy until Trump irrationally tweeted his bigotry about trans service members. We are eager to get back on track with the policy and with the Department of Defense complying with this court order we hope to do that.”

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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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