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Pelosi foresees ‘Don’t Ask’ end by year’s end

Speaker wants Obama to end policy administratively

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House Speaker Nancy Pelosi spoke at the Gay & Lesbian Victory Fund Awards Gala (Blade photo by Michael Key)

U.S. House Speaker Nancy Pelosi (D-Calif.) on Wednesday reiterated her prediction that “Don’t Ask, Don’t Tell” would be a memory by the year’s end — despite the failure of the Senate last week to move forward with repeal legislation — as she maintained the president has the ability to stop troop discharges without a change in law.

Asked by a reporter whether she’s spoken with Senate Majority Leader Harry Reid (D-Nev.) about the Senate taking another shot at “Don’t Ask, Don’t Tell,” Pelosi replied, “That will be gone by executive — that will happen with or without Congress.”

“I don’t think it has to depend on whether it passes the Senate,” she continued. “The process will work its way through and the president will make his pronouncement.”

The speaker spoke to reporters after she gave a speech at the Gay & Lesbian Leadership Awards at the W Hotel, which was hosted by the Gay & Lesbian Victory Fund.

During her speech, Pelosi made similar assurances and promised that “Don’t Ask, Don’t Tell” will be “gone by the end of the year.”

“Some are here tonight who serve in the military,” she said. “God bless you for your courage and your patriotism. … But because of courage of some of them, this will be gone by the end of the year.”

Pelosi previously predicted in May that “Don’t Ask, Don’t Tell” would be “a memory” by the end of this year during an interview with the Hill newspaper.

Speaking to reporters, Pelosi said Congress got the ball rolling on repealing “Don’t Ask, Don’t Tell” to get lawmakers on record on the issue and so the change would be “in statute and all of that.”

The House in May passed an amendment that would repeal “Don’t Ask, Don’t Tell” as part of the fiscal year 2011 defense authorization bill.

“But even the bill that we passed said that it was contingent upon the recommendation of the president’s … review,” she said. “The only difference would be statute versus the president [making a policy change.]”

Pressed on whether she thinks the executive branch would ultimately be responsible for ending “Don’t Ask, Don’t Tell,” Pelosi replied, “That’s where it was anyway.”

“Others wanted to have more, so we tried to do more,” she said. “We’ll work very closely to try to see what happens after the election.”

Pelosi has previously said President Obama can issue an executive order to stop discharges under “Don’t Ask, Don’t Tell” without action from Congress.

Supporters of “Don’t Ask, Don’t Tell” repeal have been calling on Obama since the beginning of his administration to issue an order to stop the discharges under the law, but the president hasn’t taken such action.

Asked whether she would call on Obama to issue an order to end “Don’t Ask, Don’t Tell,” Pelosi replied, “That is the unfolding that we will see.”

“I’m very pleased with the course that the president’s on, but I think that they we shouldn’t be discharging people until that happens — so that, we have a little separation of — in terms of policy on that,” Pelosi said.

Pelosi added House members who support “Don’t Ask, Don’t Tell” repeal were “very disappointed” the Senate didn’t have sufficient votes to end a filibuster on moving forward with legislation that would end the law.

“In the Senate, the Republicans held up the bill entirely so it couldn’t even be considered, so it was very disappointing,” she said. “They went really out of their way to try to block this.”

Pelosi also reiterated her position that the Employment Non-Discrimination Act wouldn’t see a House vote until legislative action is complete on repealing the 1993 law barring open service in the U.S. military.

“I told everyone that right from the start — that if we want to go down the ‘Don’t Ask, Don’t Tell’ route, then we’d have to put ENDA in a different place,” she said.

Pelosi said initial plans for the 111th Congress were to take on hate crimes protections legislation followed by ENDA and then “Don’t Ask, Don’t Tell.” But she said the House ended up acting on “Don’t Ask, Don’t Tell” first before ENDA because there was “a lot of enthusiasm about changing the order.”

During her speech, Pelosi maintained the importance of the mid-term elections and said “the fabric of our middle class and strength of our democracy” is at stake.

Pelosi added that the election results will also “accelerate the pace of passing ENDA or set us back.”

The speaker said she believes the votes are in the U.S. House to pass ENDA, but expressed concern about a motion to recommit that could derail the bill.

The motion to recommit is a legislative manuever that opponents of ENDA could use to scuttle the bill when it comes to the House floor.

“I think we have the votes for it, but we have to resist the motion to recommit,” Pelosi said. “We can’t pass the bill unless we can resist all of the bad things that they could do to the bill along the way.”

Also speaking at the event were gay Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.).

During his speech, Frank emphasized the importance of keeping a Democratic majority in the next Congress and questioned those who would criticize lawmakers who support LGBT rights for the lack of progress on pro-LGBT bills.

“I understand people being unhappy about that,” he said. “What I do not understand is people who think that the way to respond to the fact that we weren’t able to get things done is further to empower the people who kept us from getting them done.”

Frank urged attendees to “bitch and fight” all the way to the polls to re-elect a Democratic majority in the U.S. House because Pelosi has been such a strong supporter of LGBT rights.

“Neither Tammy, nor I, nor anybody else has ever had to ask for her to support us,” Frank said. “We take that for granted and she has been the been the single most important public official in the history of the United States to be fully committed to our agenda not just as a matter of support, but as matter of her own personal involvement.”

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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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