National
Could 2010 be ‘Year of the Gay?’
Large number of out candidates running for office

David Cicilline, the gay mayor of Providence, R.I., is seeking a U.S. House seat in this year’s election. (Photo courtesy of Cicilline Committee)
The unprecedented number of LGBT candidates expected to seek political office this November could be setting up 2010 as the “Year of the Gay.”
A number of gay candidates are running for high-profile office this year. In addition to the three openly gay lawmakers in the U.S. House seeking re-election, several non-incumbent gay candidates are running for Congress.
Steve Pougnet, the gay mayor of Palm Springs, Calif., is seeking a House seat and David Cicilline, the gay mayor of Providence, R.I., is also running for Congress. Another gay candidate, Ed Potosnak, is running to represent New Jersey in the U.S. House. All three men are campaigning as Democrats.
Gay candidates are also seeking election to prominent statewide offices. In Massachusetts, Richard Tisei, a state senator, is in contention to become the Republican candidate for lieutenant governor. In Connecticut, Kevin Lembo, a health care advocate, is seeking the Democratic nomination to become lieutenant governor.
Additionally, several LGBT people are seeking election or re-election in races at the local level. Notable candidates include Kathy Webb, a lesbian who’s running for re-election to the Arkansas State House; Jolie Justus, a lesbian who’s running for re-election to the Missouri State Senate; and Heather Mizeur, a lesbian who’s running for re-election to the Maryland State House.
The Gay & Lesbian Victory Fund, which backs qualified LGBT candidates for political office, has endorsed for the November election 68 candidates for federal and local races. That’s the highest number of candidates the organization has ever endorsed at this point prior to a November election.
Denis Dison, a spokesperson for the organization, projected the Victory Fund will endorse at least 112 candidates by the time the general election arrives. It would be more candidates than the organization has ever endorsed for a general election.
“When people see someone like [lesbian] Annise Parker win election as mayor of Houston, they question their assumptions about what’s possible, and I think that when people see other LGBT candidates succeed, they believe they can they can do it, too,” Dison said.
The potential for the election of so many gay candidates to office could make 2010 a milestone in terms of visibility for LGBT officials. Such a change would echo a political phenomenon from 1992, which became known as the “Year of the Woman.” At the time, Democratic nominee Bill Clinton’s victory was accompanied by the election of four female Democrats to the U.S. Senate.
Three of those women still serve in the Senate today: Sens. Dianne Feinstein (D-Calif.), Barbara Boxer (D-Calif.) and Patty Murray (D-Wash.). Carol Moseley Braun, a presidential candidate in 2004, was also elected to represent Illinois in the U.S. Senate. Never before had four women been elected to the U.S. Senate in one election.
Dan Pinello, a gay government professor at the City University of New York, said the 1992 election’s outcome was the result of greater attention paid to feminist issues such as the Equal Rights Amendment and the Anita Hill hearings on Capitol Hill.
“Maybe the same thing is happening now in the LGBT community, given what’s occurred in the last decade or so around the issue, for example, of relationship recognition,” he said. “So there may be a correlation there in terms of there being events that spark attention to a particular community, and then, a decade or so later, it’s recognized enough to have members of that community be acknowledged publicly through election to public office in substantial numbers.”
Despite this potential for gay wins, Pinello said even if three LGBT non-incumbent candidates were elected to Congress, it wouldn’t yet proportionately reflect the LGBT population if, as some national exit polling data indicates, around 4 percent of American voters self-identify as lesbian or gay.
“Thus, in order to increase the openly lesbian and gay membership of Congress so that it would be comparable to the proportion of the population that is gay, you’d need about 18 more members, or an additional 600 percent,” he said.
Pinello was skeptical, though, whether wins for LGBT candidates seeking office in Congress this November should be considered substantial. He said a greater number of candidates would be necessary to make representation more closely reflect the American public.
“If there were like eight or 10 out there, and 435 total seats in the House, that would be notable,” he said. “That would be a dramatic shift, but I don’t know that anything short of that would be.”
Nonetheless, Pinello said every additional LGBT person elected to office would be a representational win, and called having known LGBT candidates running for office “a substantial statement.”
Noting the lack of LGBT representation in public offices throughout the country, Dison said LGBT people have a “long way to go” toward achieving representation in elected office, even if 2010 brings significant success.
“There are over half a million elected offices in the country and only 470 right now are filled with openly LGBT persons,” he said. “We’re still at the beginning of this effort to have our voices heard in government.”
But Dison said with so many LGBT candidates seeking office, 2010 could bring a surge in LGBT representation and predicted that a majority of Victory Fund-endorsed candidates would be successful in their races.
“Our win rate has fluctuated sort of between 65 and 75 percent over the last five years,” he said. “If that tradition holds, we’ll see roughly 70 percent.”
Michael Mitchell, executive director of the National Stonewall Democrats, said his organization intends to help LGBT candidates win election at the federal level as part of their overall plan to help Democrats win races this year.
“There are some great gay candidates out there — some who are already in, obviously, some who are running,” he said. “We are in the process of fine tuning our election plan and we’re going to be launching that very, very soon in the next couple weeks.”
Mitchell said he’s planning a coordinated campaign with an online presence intended to engage people across the country, using a model similar to what was used for the election of Parker as Houston mayor.
“We had folks from all across the country calling with Stonewall folks from Texas, and we were responsible for about 10,000 calls in one day,” Mitchell said. “We want to do similar things for the candidates that we are focused on, and I’m sure that some of those LGBT candidates will be included in our races.”
Dison said so many wins for LGBT candidates would benefit LGBT Americans because it would help ensure the community’s voice is heard.
“When people are able to speak from an authentic place as an LGBT person, it really changes the debate in the rooms where the decisions are made on things that affect our lives,” Dison said.
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
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