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Supporters bullish about repealing ‘Don’t Ask’

But GOP aide warns ‘minefields’ await

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Capitol Hill observers are optimistic that sufficient support now exists to pass standalone “Don’t Ask, Don’t Tell” repeal legislation amid questions about when the Senate will take on the legislation.

A Senate Democratic aide, who spoke to the Blade on condition of anonymity, said the chances of passing the new standalone repeal legislation are “looking better and better each day.”

“Based on what I’m hearing, I think there is a very keen interest by Democratic leaders in the Senate and the House to make a standalone bill a big priority,” the aide said. “I think that they are taking steps to ensure that chances are good for passage.”

Winnie Stachelberg, vice president for external affairs at the Center for American Progress, also said she believes there’s a chance the bill will pass before Congress is out of session.

“Having a chance is all that you need,” she said. “And you need the pieces to fall into place and the commitment of those on the Hill and the White House to get it done. People really need to lean into this to get it done.”

But a Senate Republican aide, who also spoke on condition of anonymity, was more cautious and said passage depends “on so many variables.”

“I think if the omnibus, the continuing resolution, all that stuff stretches past Thursday night, Friday, then it gets real difficult,” the aide said. “Those things are already set in motion. It could happen, but there’s just a lot of minefields.”

Sen. Joseph Lieberman (I-Conn.) introduced the new repeal legislation last week after the Senate on Thursday failed to meet the 60-vote threshold necessary to move major defense budget legislation to the floor containing “Don’t Ask, Don’t Tell” repeal.

Lieberman’s legislation is identical to the “Don’t Ask, Don’t Tell” provision in the fiscal year 2011 defense authorization bill. Even if the standalone is signed into law, repeal wouldn’t take effect until the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready to implement open service.

Support for the legislation in the Senate has grown rapidly as Lieberman — and Sen. Susan Collins (R-Maine), an original co-sponsor for the bill — have worked to gather co-sponsors for the legislation. According to the Human Rights Campaign, the measure as of Monday had 40 co-sponsors.

Joe Solmonese, president of HRC, said the growing number of co-sponsors for the legislation “adds momentum” to the effort to legislatively repeal “Don’t Ask, Don’t Tell” this year.

“Now the question is whether the Senate and House will take up this measure quickly and get it to the president’s desk,” Solmonese said. “There should be no excuses for inaction.”

When the bill comes to the floor, eyes will be on senators who say they support repeal, but didn’t vote in favor of bringing the defense legislation to the floor last week, such as Sens. Scott Brown (R-Mass.), Richard Lugar (R-Ind.) and Lisa Murkowksi (R-Alaska).

Last week, many Republicans said they were voting “no” because they didn’t believe the amendment process was fair enough for Republicans. The defense authorization bill typically takes several days of debate and both parties offer amendments to the legislation.

This year, Senate Majority Leader Harry Reid (D-Nev.) had proposed 10 Republican amendments and 5 Democratic amendments as part of the agreement to proceed to the legislation.

But the Republican aide noted that passing “Don’t Ask, Don’t Tell” as standalone legislation as opposed as passing it as part of the defense authorization bill eliminates arguments to vote “no” on procedural grounds.

“You take away everything that people had problems with — procedure, tax cuts and everything else,” the aide said. “It’s a ‘Hail Mary’ pass, but could it work? Yes.”

Stachelberg also said the standalone bill would have a better chance because Republicans wouldn’t be able to say they were being offered an unfair deal for amendments on the larger defense bill.

“We can argue they got that or not with the deal that was offered, but they didn’t feel like they got that,” Stachelberg said. “The process arguments with respect to repeal of ‘Don’t Ask, Don’t Tell’ fall away when you strip out the context of the defense authorization bill.”

As attention remains focused on whether sufficient support exists in the Senate to pass the bill, action is underway in the House to act first to make repeal efforts less complicated in the upper chamber.

On Tuesday, Rep. Patrick Murphy (D-Pa.) introduced companion legislation in the U.S. House. Drew Hammill, spokesperson for U.S. House Speaker Nancy Pelosi (D-Calif.), said a vote on the bill will take place on Wednesday.

The plan was to have a vote in the House and to send the legislation to the Senate as a “privileged” bill, which would allow the Senate to take up the measure without having a cloture vote on the motion to proceed.

The maneuver would skip the 60 votes needed for the motion to proceed with the legislation and shave off the 30 hours of time that is normally needed after cloture is filed to vote on whether to end debate.

Still, even with this plan, the Senate would need 60 votes to proceed to final passage of the legislation.

But the timing for when the Senate would bring up the vote after the House acts remains in question.

Asked if he could offer an estimate for when the Senate would take up repeal legislation, Fred Sainz, HRC’s vice president of communications, replied, “No, my friend, nobody knows that.”

Sources have said Senate Majority Leader Harry Reid (D-Nev.) intends to bring the legislation to the floor before year’s end, but when the bill would come up amid other priorities — such as the START Treaty, a nuclear arms reduction agreement — remains in question.

Jim Manley, a Reid spokesperson, said Monday there’s “nothing to announce yet” on when the bill would come to the floor and said Senate leadership is “still working on next steps for everything we have left to do.”

Some sources say the new repeal legislation could come to the floor as early as this week after the Senate resolves the extension the Bush-era tax cuts, but others say “Don’t Ask, Don’t Tell” would come next week to the floor after additional measures are addressed.

On Monday, White House Press Secretary Robert Gibbs said he believes the START Treaty would come up “soon after” the Senate has finished work on the tax extension plan.

“Obviously it’s unclear yet the number of hours of debate after the procedural vote today before the Senate takes up for final passage of the tax agreement,” he said. “But I think fairly soon after, the Senate will move to the debate on START ratification.”

Still, Gibbs said he thinks “Don’t Ask, Don’t Tell” is part of the “basket of issues” that the Senate will take up before adjourning for the year.

“I think there’s no doubt that based on the votes last week, it’s clear that a majority of the Senate supports the President’s position of doing away with ‘Don’t Ask, Don’t Tell” — repealing that,” Gibbs said. “Certainly our hope is that the Senate will take this up again and it will see this done by the time the year ends.”

The Senate Democratic aide said another attempt to bring up the defense authorization bill — this time with the “Don’t Ask, Don’t Tell” language and other provisions stripped — could come up first for a vote before the standalone repeal bill.

“My strong guess is that the defense bill will have ‘Don’t Ask, Don’t Tell’ and some other sensitive provisions stricken out so that the defense bill could pass fairly easily, and then we could move on to ‘Don’t Ask, Don’t Tell,’ which I think has 60 votes,” the aide said.

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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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