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Will arrests at White House usher new era of activism?

Gay soldier becomes face of civil disobedience

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Lt. Dan Choi, a gay West Point graduate and Arabic linguist who served as an infantry officer in Iraq, was arrested last week after handcuffing himself to the White House fence in protest of ‘Don’t Ask, Don’t Tell.’ (DC Agenda photo by Michael Key)

A gay solider who handcuffed himself to the White House fence last week in protest of “Don’t Ask, Don’t Tell” has emerged as a national figure who is challenging LGBT rights groups to take a more militant posture in the fight for anti-discrimination bills stalled in Congress.

Lt. Dan Choi, a West Point graduate and Arabic linguist who served as an infantry officer in Iraq, was one of three protesters arrested outside the White House on March 18. Many people see the action as a challenge to gay groups aligned with the Obama administration and Democratic Party leaders in Congress.

“I want to explain why these actions are exactly what we need to be doing as American citizens,” Choi told DC Agenda upon his release from jail March 19. “When there’s a time when our leaders are unable, unwilling to do the right thing, somebody has to step up to the responsibility.”

His arrest — and comments in a Newsweek interview this week criticizing gay rights leaders for being too closely aligned with the Washington political establishment — comes at a time when some activists and donors are complaining that President Obama and Democratic leaders in Congress have not pushed hard enough to advance several LGBT rights bills, including the repeal of “Don’t Ask, Don’t Tell.”

Choi, who is in the process of being discharged from the Army under “Don’t Ask, Don’t Tell,” was joined in the White House protest by Jim Pietrangelo, a former Army captain discharged in 2004 for being gay, and Robin McGehee, co-founder of the new LGBT direct action group GetEqual.org.

Pietrangelo also handcuffed himself to the fence while McGehee assisted the two. Police charged all three with refusing to obey a lawful order to disperse, a misdemeanor that carries a maximum penalty of a $1,000 fine.

McGehee agreed to pay a $35 fine to end the case against her in a process known as post and forfeit. But Choi and Pietrangelo pleaded not guilty at an arraignment the following day in D.C. Superior Court after being held overnight in jail. A judge set an April 26 trial date for the two.

Shortly after U.S. Park Police officers arrested Choi and Pietrangelo and uniformed Secret Service officers arrested McGehee, four other protesters affiliated with GetEqual.org were arrested by U.S. Capitol police for staging a sit-in at the Capitol Hill office of House Speaker Nancy Pelosi (D-Calif.).

Other people were arrested around the same time in Pelosi’s district office in San Francisco. The Washington and San Francisco protesters said they were targeting Pelosi for not moving fast enough to schedule a House vote on the Employment Non-Discrimination Act, or ENDA. The long-stalled legislation calls for banning employment discrimination on the basis of sexual orientation and gender identity.

“We had three simultaneous actions happening at the same time on the same day — with the simple demand that we wanted “Don’t Ask, Don’t Tell” repealed immediately and ENDA to be brought to the floor immediately,” McGehee said.

“And we’ll be back in April,” said McGehee, who lives in Fresno, Calif. “I can’t tell you what we’re going to do, but we’ll be back.”

Asked if future actions would involve LGBT protesters getting arrested, McGehee said, “Yes, absolutely.”

“Some of these will include non-violent civil disobedience that will lead to arrests and some of them will be moments that you’re going to highlight injustice through a creative action idea that doesn’t include an arrest,” she said.

“But what we’re trying to do is create the lunch-counter moment that highlights the injustice and gives the visual imagery that shows we really are in a civil rights battle,” she said.

McGehee said the “lunch-counter moment” was a reference to the famous sit-ins staged by blacks at segregated restaurants and lunch counters in the South during the late the 1950s and early 1960s, when civil rights activists were arrested and jailed.

The non-violent civil disobedience actions organized then by Martin Luther King Jr. and his supporters have been credited with laying the groundwork for Congress to pass the 1964 Civil Rights Act. The act ended segregation by banning discrimination based on race and color in employment, housing and public accommodations.

Gay activists have engaged in civil disobedience actions since the Stonewall riots in New York City ushered in the modern gay rights movement in 1969. Gay and AIDS activists involved with the AIDS protest groups ACT UP engaged in widely publicized civil disobedience actions in the 1980s to challenge inaction on the part of the government to fighting AIDS.

But since the early 1990s, when President Bill Clinton emerged as the first U.S. president to openly support gay rights and gay-supportive Democrats won control of Congress, most of the nation’s LGBT groups chose a path of more traditional lobbying and electioneering to build support for gay rights causes.

McGehee’s reference to the arrest actions by black civil rights activists in the South, where police often treated arrested demonstrators harshly, paralleled Choi’s arrest outside the White House.

According to D.C. gay Democratic activist Paul Yandura, who has served as a spokesperson for Choi and Pietrangelo, Choi recounted a harrowing encounter with a police officer at the city’s Central Cellblock, where the two were taken after their arrest.

Yandura noted that Choi and Pietrangelo wore their military uniforms to the protest and remained dressed in their uniforms during their overnight stay at the cellblock. He said Choi told him an officer at the cellblock ordered him to stand before him at attention and “violently” ripped several cloth insignias, including an American flag insignia, from Choi’s uniform.

One by one, the officer ripped off the flag insignia, cloth stripes indicating Choi’s rank and a cloth U.S. Army insignia, so as “to humiliate him,” Yandura said.

Shortly after being asked about the incident by DC Agenda, Assistant D.C. Police Chief Diane Groomes said she looked into the matter and confirmed that a Park Police officer removed the insignias from both Choi and Pietrangelo’s uniforms at a Park Police holding facility.

She said the incident occurred before the two men were taken to the Central Cellblock, which is operated by D.C. police.

“[D.C. police] were not involved in said matter,” Groomes told DC Agenda in an e-mail. She said Park Police Lt. Phil Beck confirmed to her that an officer with the Park Police removed the two gay men’s uniform insignias, but she did not know why.

A Park Police spokesperson could not immediately be reached for comment.

Choi challenges HRC

Choi appeared to take a swipe at established LGBT rights groups, including the Human Rights Campaign, in an interview this week with Newsweek, which raised eyebrows among some activists.

“Within the gay community, so many leaders want acceptance from polite society,” he said in the interview. “I think there’s been a betrayal of what is down inside of us in order to achieve what looks popular, what look enviable.

“The movement seems to be centered around how to become an elite,” he said. “I would say to them: You do not represent us if all you are looking for is a ladder in to elite society.”

He also told Newsweek he believes a “deep schism” exists within the LGBT rights movement, with many gay and transgender youth becoming alienated from the more establishment-oriented groups.

Choi’s own plans for the White House protest last week were announced about a half hour before it began during a noon rally in Freedom Plaza that HRC organized jointly with comedienne Kathy Griffin in support of efforts to repeal “Don’t Ask, Don’t Tell.”

Choi was not a scheduled speaker at the rally. In a statement, HRC spokesperson Trevor Thomas said Choi first asked HRC President Joe Solmonese if the soldier could have a speaking role at the event.

“Joe explained that it wasn’t his sole decision to make on the spot given that there was already an established program that included Kathy Griffin, other organizations and veterans,” Thomas said.

But Thomas and others familiar with the rally said Griffin later invited Choi to speak during her allotted time period on the rally stage.

Once on stage, Choi urged rally attendees to march with him to the White House to send a message to “repeal ‘Don’t Ask, Don’t Tell’ — not next year, not tomorrow, but now. Now is the time.”

He made no mention of his plans to handcuff himself to the White House fence, saying only, “I’m going to the White House right now. I want you all to take out your cell phones and any recording devices and document this moment right now as we together make history.”

He then turned to Griffin and Solmonese and asked if they would join him in a march to the White House. Griffin said, “Of course,” and Solmonese gave him a thumbs-up signal. But the two later said that they chose to remain at the rally to continue to push for lobbying efforts to repeal “Don’t Ask, Don’t Tell.”

About 200 people followed Choi and Pietrangelo for the four-block walk from Freedom Plaza to the White House. HRC said more than 1,000 people attended the Freedom Plaza rally.

Phil Attey, a gay D.C. activist and volunteer coordinator for the Obama for president campaign was among those who attended the Freedom Plaza rally. He expressed distaste over Choi’s march to the White House, calling it “politically unsophisticated beyond belief.”

“It’s a shame that our community needs to be educated about the political process and they don’t get it,” he said. “They don’t understand that Congress needs to be moved on this issue and that people across the country have the power to do that. And if they’re going to get them to yell and scream at the president, we’re going to fail, we’re going to lose.”

But Choi and McGehee said later that Obama isn’t pushing hard enough to prod Congress to repeal “Don’t Ask, Don’t Tell.” The two said their arrest action was aimed, in part, at pushing the president into including language to repeal “Don’t Ask, Don’t Tell” in his 2010 Department of Defense authorization bill, which could enable the repeal to take place this year.

While saying he has great respect for Griffin, a popular comedienne with a large gay following, Choi said he questioned HRC’s decision to team up with a comedienne for a rally addressing discrimination against gays in the military.

“’Don’t Ask, Don’t Tell’ is not a laughing matter,” he said in the Newsweek interview.

HRC says differing
tactics no ‘schism’

Solmonese and two local activists involved in lobbying for D.C.’s same-sex marriage law took exception to some of Choi’s comments.

“Any healthy and diverse social movement will have a diversity of voices and opinions,” Solmonese told DC Agenda. “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.”

And D.C. gay activist Bob Summersgill, who coordinated strategy for lobbying the City Council for approval of a same-sex marriage law, called Choi’s criticism of HRC off base.

“Direct action is a very good tactic,” he said. “But it’s most effective when you do it in conjunction with standard lobbying. This past week, Dan Choi had a dual message to pass ENDA and repeal “Don’t Ask, Don’t Tell,” but also to attack HRC at the same time.”

Summersgill disputed Choi’s assertion that national lobbying groups like HRC are more interested in seeking an elitist status than in passing laws.

“HRC is a federal lobbying organization,” he said. “To pass laws, you have to talk to and build relationships with members of Congress.”

Jose Zuniga, who was among the first to challenge “Don’t Ask, Don’t Tell” in 1993 as a sergeant in the Army, noted that civil disobedience has an important place in civil rights endeavors, including in the LGBT community.

“I respect Dan Choi’s passion and, although I wish he had not engaged in civil disobedience while dressed in an Army uniform, I personally understand, as someone who was discharged from the U.S. Army … because I am a gay man, the frustration he and our community rightly feel,” Zuniga said.

Like Summersgill and Solmonese, Zuniga said civil disobedience should be carefully coordinated with legislative advocacy efforts.

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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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