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HRC president responds to Choi protest

Solmonese notes ‘frustration at the pace of progress’

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Human Rights Campaign President Joe Solmonese (DC Agenda photo by Michael Key)

Joe Solmonese, president of the Human Rights Campaign, jumped into the debate triggered this week by gay Army Lt. Dan Choi over whether LGBT leaders and organizations are doing enough to advance LGBT equality, saying there should be a place for different tactics and strategies, including civil disobedience.

In response to questions from DC Agenda, Solmonese disputed Choi’s assertion that a deep “schism” exists in the LGBT movement over tactics and strategy.

Here are Solmonese’s responses to our questions:

DC Agenda: Dan Choi told Newsweek that groups like HRC “do not represent us if all you are looking for is a ladder to elite society.” He also said there’s a “deep schism” in the gay movement over strategy and tactics. What’s HRC’s response to this?

Joe Solmonese: Any healthy and diverse social movement will have a diversity of voices and opinions. Individuals and groups will take different approaches based on their ideology, life experience and other sincerely and deeply held beliefs about the political process. This is not indicative of a schism, but rather a sign of vibrant engagement.

Differences over tactics are nothing new; they have been a part of the LGBT rights movement since its inception. While there are some differences over strategy and tactics, there is a wide and deep consensus about movement priorities — LGBT non-discrimination laws (ENDA, DADT repeal, education, housing, credit, etc…), hate crimes protections and relationship recognition (marriage, DOMA repeal, domestic partnership benefits, adoption). Again, some in the community dissent from one or more of these goals, but these objectives enjoy significant support across the LGBT community.

Quick facts on our work:

• Our recent efforts across the country, with particular emphasis on 103 priority congressional districts, have resulted in over 190,000 phone calls and e-mails to members of Congress.

• 2,500 veterans recently said in a survey they’re willing to take action to repeal “Don’t Ask, Don’t Tell.”

• Our members submitted over 1,300 letters to editors in papers in priority media markets.

• Earlier this month, HRC sent 275 of our members to lobby on the Hill in support of ENDA, DADT and other key legislation.

• Beyond the Beltway, our members conducted over 250 in-district lobby visits.

• In 41 cities, we held events that highlighted veterans who are opposed to “Don’t Ask, Don’t Tell.” Over the next several months, we will conduct at least 20 more of these events.

• In May, we will send an even larger number of veterans to the Hill to lobby for repeal of the “Don’t Ask, Don’t Tell” law.

DC Agenda: What’s HRC’s view on how, or whether, non-violent civil disobedience action — as Dan Choi and Robin McGehee of the new national group GetEqual.org are now calling for — fits into the overall efforts to advance LGBT rights that HRC is working for?

Solmonese: The beauty of our movement is that we have a dedicated community that is constantly searching for new and innovative ways to effect change in Washington and at home. Whether it be the actions last week or meeting with a senator in a district office, these are ways that our community continues to advocate for LGBT equality. Activism by Dan Choi and others has one common intent in mind that we also share: to advance equality in the fastest way possible. As we said last week, this is the nature of social change and everyone has a role to play.

DC Agenda: Members of GetEqual.org, as you know, were arrested in the Washington and San Francisco offices of House Speaker Nancy Pelosi in a protest over what they say is Pelosi and Congress’s failure to hold a vote this year on ENDA. HRC has not included ENDA on its list of LGBT-related bills it expects Congress to vote on this year. What is HRC’s understanding of why ENDA hasn’t been scheduled for a mark up in the House and Senate and may not be voted on in the Senate this year?

Solmonese: The Human Rights Campaign and the entire LGBT community have worked hard over the last two years to build support in Congress to pass a fully inclusive Employment Non-Discrimination Act (ENDA). In recent weeks, Rep. Barney Frank (D-Mass.), the lead sponsor of ENDA, has publicly stated on a number of occasions that he believes that the House should move ENDA in the coming weeks and that we can pass an inclusive bill. We agree. We also agree with Speaker Pelosi that ensuring we will win that vote and protect the bill from harmful amendments is a critical factor in timing of floor action.

DC Agenda: Dan Choi and others have suggested that mainstream LGBT groups like HRC are too accommodating to the White House and congressional Democratic leaders on issues like ENDA and DADT. What is HRC’s current count of U.S. senators on an up or down vote on ENDA right now? Can you release a list of which of the 17 Democratic senators who are not ENDA co-sponsors will vote for or against ENDA?

Solmonese: There has been understandable frustration in the community at the pace of progress at advancing some of the pieces of key legislation that are important to the lesbian, gay, bisexual and transgender community. We continue to press the president and Congress to live up to the promises they made to advance real, substantive equality for LGBT Americans. It is critical that everyone in the LGBT community and our allies engage in this effort.

All senators (or House members) who are not co-sponsors of ENDA, DADT or other LGBT bills are pursued as key votes needed in order to pass pro-equality legislation.

DC Agenda: If you choose not to release this list, please explain why you feel it should not be released at this time. Many activists feel they could better direct their lobbying or ‘direct action’ if they know which way their senators stand on ENDA. As far as I can see, HRC’s lengthy and detailed web site page on ENDA makes no mention at all of which lawmakers are for or against ENDA.

Solmonese: Members’ positions on ENDA are determined by their co-sponsorship of the legislation, a clear public statement or their vote. Ensuring we will win that vote and protect the bill from harmful amendments is a critical factor for determining floor action and timing. There are 17 Democratic senators and 39 Republican senators who are not cosponsors of ENDA. We must win 14 of these votes to get to 60 votes to overcome a potential filibuster. Unless a member of Congress makes a clear public statement, we do not assume we have their vote.

Direct action toward a member of Congress should be done after a careful analysis of that member’s position on the issue and, if they are not publicly supportive, after determining why are they not publicly supportive. This involves significantly more research than checking a web site. HRC works every day with individual activists and organizations in those states and districts that require the most intensive grassroots work. Every LGBT person who cares about these issues should lobby their House member and two senators. Even cosponsors must be asked to do more to bring these bills to successful votes.

DC Agenda: Robin McGehee of GetEqual.org says her group wants a vote on ENDA, even if there aren’t enough votes to pass it. What is HRC’s view on this? What are the pros and cons of having a vote on an important bill if you know in advance there aren’t enough votes to pass it?

Solmonese: An unsuccessful vote can be very harmful to an issue and prevent successful action for many years. In some cases, having the vote can be a useful marker. Particularly in regard to ENDA, bringing the bill to the Senate floor without very careful consideration could result in some incredibly harmful amendments, some related to ENDA and other anti-LGBT-related amendments. Harmful congressional votes can spill over into fights over state legislation and into state and federal court cases. In addition, it is unusual for congressional leaders to schedule votes that are expected to fail.

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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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