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Political shock in Mass. as Brown claims Kennedy’s seat

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Republican Scott Brown secured a victory Tuesday in the Massachusetts special election, leaving many LGBT activists stunned and angry over the loss of the filibuster-proof Democratic majority in the U.S. Senate and wondering whether the LGBT agenda can advance in Congress.

Brown, a state senator, won his bid to capture the seat previously held by the late Edward Kennedy after taking 52 percent of the vote, according to the Associated Press. Turnout was high; more people reportedly voted in Massachusetts on Tuesday than in any non-presidential general election in the state since 1990.

Many in the LGBT community were disappointed by Brown’s victory because he has a history of opposition to same-sex marriage and hasn’t expressed an interest in fighting for LGBT causes in Congress. In 2007, he voted for a failed state constitutional amendment that would have ended same-sex marriage in Massachusetts.

By comparison, Democratic contender Martha Coakley, as the state’s attorney general, last year filed a lawsuit on behalf on the State of Massachusetts against the Defense of Marriage Act, citing that 16,000 married couples in the state are denied federal benefits because of the law.

Dee Dee Edmundson, political director for MassEquality, said Brown’s win was “a call to action” for LGBT people to become more politically involved.

“This is a rallying cry that we need to step up our efforts; we can’t be apathetic anymore,” she said. “If the haters are going to win in Massachusetts, they can win anywhere, and [LGBT civil rights supporters] have a lot of work to do for the 2010 election.”

Brad Reichard, a gay D.C. resident who volunteered for the Coakley campaign, said the candidate’s loss was “clearly disappointment,” but urged for a greater effort from the LGBT community in moving forward.

“I think Sen. [John] Kerry said it best: This isn’t about a circular firing squad, this is about looking forward and moving forward,” Reichard said.

Coakley had a double-digit lead on Brown as recently as last month, but the Republican candidate played up his image as a populist candidate during the campaign and surged ahead in the last couple weeks to win.

Edmundson said a number of factors played into Coakley’s loss, such as the lack of interest until the final weeks of the campaign from national groups, including the Democratic National Committee. Edmundson also noted Massachusetts’ historical resistance to electing female candidates and noted that the state has never elected women to the offices of governor or U.S. senator.

“The electorate doesn’t like strong, powerful women,” Edmundson said. “You have a guy with a beer and truck versus a prosecutor who has done her best for justice in the world. The guy with the beer is probably going to win three out of four times.”

Edmundson expressed skepticism about Brown’s commitment to fight for LGBT residents of Massachusetts while in office.

“He’s already come out against [repealing] DOMA, against [the Employment Non-Discrimination Act], against repealing ‘Don’t Ask, Don’t Tell,’” she said. “He’s not going to be representative of the electorate in Massachusetts.”

The National Organization for Marriage, which opposes marriage rights for same-sex couples, strongly supported Brown during the final week of the campaign.

Over the weekend, the organization reportedly arranged for robocalls to Massachusetts residents, asking voters if they oppose same-sex marriage, and if so, to vote for Brown in the election.

In an e-mail blast Monday, NOM said Brown’s vote in the U.S. Senate would help derail efforts to overturn DOMA.

“His election would help protect DOMA and send a resounding message to the pro-same-sex marriage leadership in Washington,” says the e-mail. “And if a Republican can win in Massachusetts … how many red-state Democrats would be willing to put their seats on the line by voting to repeal DOMA in an election year?”

But Edmundson said Coakley’s loss wasn’t a referendum on same-sex marriage, noting marriage rights for gay couples have been available in the state since 2003.

“Her support of same-sex marriage wasn’t a huge factor,” Edmundson said. “I don’t think it was a referendum on marriage at all. … I think it was a referendum on health care, I think it was a referendum on the state of the economy and the likability of the candidates.”

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The White House

White House hosts roundtable with transgender youth

Friday was International Transgender Day of Visibility

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Upwards of 1,000 people took part in the March for Queer and Trans Youth Autonomy in D.C. on March 31, 2023. The White House on the same day held a roundtable with young trans and nonbinary people. (Washington Blade photo by Michael Key)

The White House said in a statement released Saturday said Presidential Domestic Policy Advisor Susan Rice and U.S. Surgeon General Vivek Murthy “hosted a roundtable at the White House Friday about the joys, hopes and challenges that transgender children are experiencing.”

The roundtable took place on International Transgender Day of Visibility, an annual event occurring on March 31 dedicated to celebrating trans people and raising awareness of discrimination faced by trans people worldwide, as well as a celebration of their contributions to society.

This year’s Transgender Day of Visibility was one of the largest in years.

Huge crowds gathered in cities across the U.S. in celebrations of visibility and protest as over 450 bills that target queer and trans youth are under consideration or have been passed by state legislatures.

“Transgender kids and their parents traveled to the White House from states that have attacked the rights of transgender kids, including Arizona, Texas and Virginia, and shared the devastating effects these political attacks are having on their mental health and wellbeing,” reads a White House readout of the roundtable. 

“As one round table participant shared, it feels scary when the politicians elected to represent you don’t care about your wellbeing. Families participating in today’s roundtable also highlighted that transgender kids can thrive when parents love and affirm their transgender children, and when transgender kids have access to the support they need at school and in their communities,” it notes. “Ambassador Rice and Dr. Murthy reiterated the Biden-Harris administration’s commitment to standing up for the rights of transgender kids and their parents, and to challenging state laws that harm transgender kids. They also thanked the families for their unwavering advocacy and bravery in challenging these discriminatory laws.”

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Florida

Fla. lawmakers pass bill to expand ‘Don’t Say Gay’ law

Hundreds of students protested in Tallahassee

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More than 150 students protest Florida's "Don't Say Gay" expansion bill in Tallahassee, Fla., on March 31, 2023. (Photo courtesy of Equality Florida)

On International Transgender Day of Visibility, hundreds of students from across Florida descended on the Capitol to protest the legislature’s fast-tracking of Gov. Ron DeSantis’ agenda of book banning and classroom censorship and assaults on academic and medical freedom.

Buses arrived from Central and South Florida in a collaboration between high school, college and university students called the Student Unity Coalition.

Organizers marched the coalition from Florida State University campus into the halls of the Capitol building just as the House of Representatives voted 77-35 in favor of House Bill 1069, which would expand the “Don’t Say Gay” law’s censorship provisions through 8th grade, ban parents from requiring the school system use their child’s correct pronouns, and escalating book bans, allowing one person from anywhere in the nation to challenge a book in a Florida school, prompting its immediate removal pending a lengthy review.

“The students who mobilized in the hundreds today sent a clear message about the Florida they want to grow up in,” said Equality Florida Senior Political Director Joe Saunders. “They want a Florida that values freedom — real freedom. Free states don’t ban books. Free states don’t censor LGBTQ people from society or strip parents of their right to ensure their child is respected in school. Students and families across Florida are fed up with this governor’s agenda that has put a target on the backs of LGBTQ people. Shame on DeSantis’ legislative cronies for peddling more anti-LGBTQ lies on the House floor today and ramming through an expansion of the censorship policies that have emptied bookshelves across the state and wreaked havoc on our schools. Shame on them for ignoring the voices outside demanding a state that respects all families and protects all students.”

House passage of HB 1069 comes as last year’s “Don’t Say Gay” law wreaks havoc on Florida’s schools and drives educators and families from the state. DeSantis’ Florida has become synonymous with the sweeping book bans that are targeting books with LBGTQ characters or Black history themes, including “The Life of Rosa Parks” and “And Tango Makes Three.” Students’ graduation speeches have been censored.

Rainbow Safe Space stickers have been peeled from classroom windows. Districts have canceled long standing after school events and refused to recognize LGBTQ History Month.

The rampant right wing censorship has exacerbated Florida’s exodus of educators, with vacant teacher positions ballooning to more than 8,000, and, according to a recent survey from the Williams Institute, has led a majority of LGBTQ parents in the state to consider leaving Florida altogether.

On Thursday, parents and educators held a joint press conference outside the House chamber to decry this legislation and other proposals that would strip them, their students, and their families of the rights to academic and medical freedom.

That same day, Republicans lawmakers rejected numerous reasonable amendments to House Bill 1069, including a Parental Rights amendment by state Rep. Rita Harris that would have allowed parents to write a letter instructing schools on what pronouns their child should be addressed with, a clarifying amendment from state Rep. Ashley Gantt that would have finally defined the term “classroom instruction,” which bill sponsor state Rep. Stan McClain acknowledged has been left undefined and vague, and a marriage equality amendment by state Rep. Michele Rayner-Goolsby that would have struck outdated and bigoted sex education language that mandates instruction on the benefits of “monogamous, heterosexual marriage.”

The more than 150 high school and college students who rallied in Tallahassee filled the Capitol rotunda just before 1 p.m. ET, with their chants of “this is what democracy looks like” temporarily interrupting a disinformation-filled rant by GOP Representative, and sponsor of the bill to criminalize medical care for transgender youth, Ralph Massullo.

The “Don’t Say Gay” expansion bill’s Senate version, Senate Bill 1320, will move next to its final committee, Fiscal Policy.

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U.S. Federal Courts

Justice Department appeals federal judge’s ACA ruling

Decision impacts PrEP, other preventative health services

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The Pride flag over the Justice Department's D.C. headquarters (Photo courtesy of the Justice Department)

Justice Department attorneys filed a notice of appeal Friday with the 5th U.S. Circuit Court of Appeals on behalf of the Department of Health and Human Services after U.S. District Judge Reed O’Connor ruled that employers cannot be forced to cover specified preventive health care services under the Affordable Care Act.

Thursday’s ruling means that more than 150 million Americans on employer-sponsored health plans will lose some cost-free coverage for immunizations, contraception, cancer screenings and PrEP.

O’Connor’s ruling struck down the recommendations that have been issued by the U.S. Preventive Services Task Force regarding the preventive care treatments provisions required by the ACA directing insurers provide at no cost to the patient.

White House Press Secretary Karine Jean-Pierre released a statement on the Justice Department decision to appeal:

“The president is glad to see the Department of Justice is appealing the judge’s decision, which blocks a key provision of the Affordable Care Act that has ensured free access to preventive health care for 150 million Americans. This case is yet another attack on the Affordable Care Act, which has been the law of the land for 13 years and survived three challenges before the Supreme Court.
 
Preventive care saves lives, saves families money, and protects and improves our health. Because of the ACA, millions of Americans have access to free cancer and heart disease screenings. This decision threatens to jeopardize critical care.
 
The administration will continue to fight to improve health care and make it more affordable for hard-working families, even in the face of attacks from special interests.”

AIDS Healthcare Foundation President Michael Weinstein decried O’Connor’s ruling saying:

“Stripping away access to preventive care will hurt tens of millions of Americans. These services are essential, and eliminating them will have dangerous consequences. While we expect this unconstitutional ruling ultimately will fail, the decision creates uncertainty and is a threat to public health.

“With this devastating ruling, a Trump-appointed judge placed the health of millions of Americans in extreme danger, based on an extremist political agenda. Undermining screenings and treatment for cancer, blood pressure, pregnancy, and mental health doesn’t just hurt individuals — it damages the health of the entire country,” California state Sen. Scott Wiener said.

“The effect of this decision on HIV prevention will be disastrous. In recent years, we’ve made incredible progress reducing the number of new HIV infections, largely because hundreds of thousands of people are now taking PrEP, an HIV prevention drug proven to be essentially 100 percent effective. This decision reverses that progress by allowing health plans to charge patients through the nose for this life-saving medication, raising barriers to access for the communities of LGBTQ people and people of color most at risk. Judge O’Connor will soon have thousands of new HIV cases on his conscience,” Wiener added.

Equality California, the nation’s largest statewide LGBTQ civil rights organization, released the following statement from Executive Director Tony Hoang in response to a ruling from O’Connor:

“Judge Reed O’Connor, already having attempted to invalidate the Affordable Care Act as a whole in 2018, has once again issued a ruling that puts the lives of Americans in danger. Preventive care is essential in helping to screen for potential severe health conditions and attempt to mitigate them — this ruling affects screenings for cancer, diabetes, STDs, cardiovascular disease, and so much more.

More than 150 million Americans currently have private insurance with coverage for preventive care under the ACA, yet a partisan judge in Texas is attempting to single handedly rollback access to these basic health care services. Equality California is committed to ensuring that these critical preventive services remain in place for the health of all Americans. We expect an appeal of this decision immediately. 

Thankfully, most health plans in California are unaffected by today’s ruling because existing state law already requires health plans regulated in California to cover preventive services without cost sharing. Today’s ruling may affect a small subset of employer-sponsored health plans that are not regulated by the state.

Equality California is proud to be sponsoring legislation with Assemblymember Rick Chavez Zbur and Insurance Commissioner Ricardo Lara, AB (Assembly Bill) 1645, which will strengthen existing law and go even further to ensure that Californians have access to essential preventive services, including STD screening and PrEP for HIV prevention. While right-wing judges and politicians are attempting to roll back our rights and inflict harm on LGBTQ+ people, California will continue doubling down to protect the health and safety of our communities.”

Read the notice of appeal here:

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