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House votes again to repeal ‘Don’t Ask’

Will the Senate follow suit before time is up?

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Rep. Barney Frank (D-Mass.) speaks at a press conference in the U.S. Capitol on Dec. 15. (Washington Blade photo by Michael Key)

The U.S. House today approved by a 75-vote margin a measure that would repeal “Don’t Ask, Don’t Tell” as eyes shift once again to the Senate to see if the chamber will act to lift the military’s gay ban.

The measure to repeal “Don’t Ask, Don’t Tell” passed by a vote of 250-175 after more than an hour of floor debate in which lawmakers engaged in often passionate discourse both in favor and in opposition to the 1993 law.

After lawmakers cast their votes, Rep. Barney Frank (D-Mass.), the longest-serving openly gay lawmaker, banged the gavel at the podium and declared the final vote tally for the legislation.

During debate, those who spoke in favor of the repeal said lifting “Don’t Ask, Don’t Tell” would end a discriminatory policy, while opponents of repeal said open service would jeopardize military effectiveness.

U.S. House Speaker Nancy Pelosi (D-Calif.) said the vote to repeal “Don’t Ask, Don’t Tell” represented an opportunity to “close the door on a fundamental unfairness in our nation.”

“Repealing the discriminatory ‘Don’t Ask, Don’t Tell’ policy will honor the service and sacrifice of all who dedicated their lives to protecting the American people,” she said.

Rep. Patrick Murphy (D-Pa.), the sponsor of repeal legislation in the House, said the vote for repeal was necessary to protect U.S. service members in the battlefield.

“Our troops are the best of the best, and they deserve a Congress that puts their safety — and our collective national security — over rigid partisan interests and a close-minded ideology,” Murphy said.

The Pennsylvania lawmaker noted the Chairman of the Joint Chiefs of Staff Adm. Mike Mullen has said open service should be implemented to protect the integrity of the U.S. military.

“Well, this is also about the integrity of this institution — of this Congress,” Murphy said. “This vote is about whether we’re going to continue telling people willing to die for our freedoms that they need to lie in order to do so.”

The vote marks the second time this year that the House has approved a “Don’t Ask, Don’t Tell” repeal bill. In May, the chamber passed a repeal measure on the floor as an amendment to the fiscal year 2011 defense authorization bill by a vote of 234-194. The “Don’t Ask, Don’t Tell”-inclusive defense legislation failed to pass in the Senate.

Opposition this time around came from many Republicans, including Rep. W. Todd Akin (R-Mo.), who said the vote on repeal represented an attempt fto impose a “social agenda” on the U.S. military during wartime as operations continue in Iraq and Afghanistan.

Akin blamed House leadership for failing to pass a defense authorization bill — which he called an “eclipse of reason” because it has consistently passed in Congress for the past 48 years — and said Congress should pass funds for troops through the defense legislation before moving to “Don’t Ask, Don’t Tell.”

Rep. Buck McKeon (R-Calif.), ranking member of the House Armed Services Committee, was also critical of Pelosi for bringing the repeal measure to the floor at this time and said the timing wasn’t right Congress to act on “Don’t Ask, Don’t Tell.”

“The speaker has decided once more to subvert regular order … and bring to the floor [a measure] to repeal ‘Don’t Ask, Don’t Tell,” McKeon said.

Among other things, McKeon was critical of how the House was holding a vote on “Don’t Ask, Don’t Tell” before House committees had heard testimony on the Pentagon report on lifting the gay ban. Two days of hearings have already taken place earlier this month in the Senate on the report.

In response to Republicans’ assertions, Frank disputed that proper procedure hasn’t been followed on moving to “Don’t Ask, Don’t Tell” and noted that Republicans were responsible for filibustering the defense authorization bill in the Senate.

Frank noted the repeal measure had already passed in May by the full House and the Senate Armed Services Committee and said the notion that the committees of jurisdiction have been deprived on the issue was “delusional.”

“We’ve gone through triple regular order,” he said.

Among the 175 who voted against the repeal measure were 15 members of the Democratic caucus. They include House Armed Services Committee Chair Ike Skelton (D-Mo.), as well as Reps. Solomon Ortiz (D-Texas) and Dan Boren (D-Okla.).

Republicans who voted in favor of passing the legislation tallied out at 15 — which was 10 more Republicans than those who voted in May in favor of the “Don’t Ask, Don’t Tell” amendment.

Among the Republicans voting for repeal for the first time were Reps. Mary Bono Mack (D-Calif.), David Dreier (R-Calif.) and Dave Reichert (R-Wash.).

Passage of “Don’t Ask, Don’t Tell” repeal in the House first enables the chamber to send the legislation to the Senate as as “privileged” legislation.

The maneuver means the Senate won’t need 60 votes for the motion to proceed on the legislation, taking off the 30 hours of waiting time that would have been necessary were cloture filed on the measure. That’s significant as time is running out in the lame duck session.

Still, even though the first round 60 votes for the motion to proceed won’t be necessary, 60 votes would still be necessary in the Senate to move to final passage of the bill. Sens. Joe Lieberman (I-Conn.), Susan Collins (R-Maine) and Mark Udall (D-Colo.) this week pledged commitment to a stand-alone Senate repeal bill.

In a statement, President Obama praised the House for approving — with what he called “bipartisan support” —the “Don’t Ask, Don’t Tell” repeal legislation.

“Moving forward with the repeal is not only the right thing to do, it will also give our military the clarity and certainty it deserves,” Obama said. “We must ensure that Americans who are willing to risk their lives for their country are treated fairly and equally by their country.”

Geoff Morrell, a Pentagon spokeperson, also said Defense Secretary Robert Gates is “pleased” the House has approved a standalone “Don’t Ask, Don’t Tell” repeal measure.

“He encourages the Senate to pass the legislation this session, enabling the Department of Defense to carefully and responsibly manage a change in this policy instead of risking an abrupt change resulting from a decision in the courts,” Morrell said.

LGBT rights groups heralded the House passage of the “Don’t Ask, Don’t Tell” repeal and encouraged the Senate to follow suit to pass the legislation and send it to Obama’s desk.

Joe Solmonese, president of Human Rights Campaign, commended the House for approving the measure to repeal “Don’t Ask, Don’t Tell.”

“Today the U.S. House of Representatives said, for the second time, what military leaders, the majority of our troops and 80 percent of the American public have been saying all along — the only thing that matters on the battlefield is the ability to do the job.” Solmonese said.

Solmonese was referring to a Washington Post/ABC News poll published Wednesday, which found that 77 percent of Americans support allowing openly gay people to serve in the armed forces.

The director of the OutServe, a group for gay active duty service members, also praised the House vote and called on the Senate to act.

“Our ability to live and work with integrity and honesty is on the line,” said the director, who goes by the acronym J.D Smith. “It now falls to the Senate to follow the House’s example and the Pentagon report’s recommendations, and right the wrong that is being done to thousands of us currently serving.”

Will the Senate act before year’s end?

Now that the House has passed the measure, eyes will turn again to the Senate to see if Senate Majority Leader Harry Reid (D-Nev.) will schedule a vote on “Don’t Ask, Don’t Tell” repeal and if 60 votes are present in the chamber for passage.

Anxiety over whether the Senate will address “Don’t Ask, Don’t Tell” as the limited time remaining the legislative session dwindles continues to be a concern for those who are working to end the military’s gay ban.

In a statement to the Blade, Regan Lachapelle, a Reid spokesperson, said the majority leader intends to introduce the legislation sometime before the end of the year, but didn’t offer further details on when the Senate would take up the legislation.

Moving to “Don’t Ask, Don’t Tell” repeal seemed unlikely this week. After finishing work on extension of the Bush-era tax cuts, the Senate proceeded to debate on the START Treaty, a nuclear arms reduction agreement.

The Senate, for the remainder of the week, was expected to tag between debate on the treaty and a continuing resolution for funding for the U.S. government.

One LGBT rights advocate, who spoke on the condition of anonymity, said opposition to these measures from Republicans could sap away time that would be needed to address “Don’t Ask, Don’t Tell.”

“Both bills have hit procedural/political/substantive snags with Republican senators threatening to have them read out loud,” the activist said. “Whether or not this is a ploy to run out the clock is not known.”

After the START Treaty and the continuing resolution, “Don’t Ask, Don’t Tell” repeal would remain on the legislative calendar as well as passage of the DREAM Act, an immigration-related bill, and legislation to provide benefits to workers who helped at Ground Zero during the Sept. 11, 2001, terrorist attacks.

“There is no word on when or in what order those bills would be considered,” the activist said. “There is no commitment from Senator Reid to bring [‘Don’t Ask, Don’t Tell’] to the floor but the privileged message from the House creates momentum and pressure for its consideration prior to adjournment.”

In a news conference on Tuesday, Reid had threatened to keep the Senate in session until Jan. 4 to take up measures such as the DREAM Act and “Don’t Ask, Don’t Tell.”

“Christmas is a week from Saturday,” Reid said. “I understand that.  But I hope the Republicans understand it also, because we are going to complete our work, no matter how long it takes, in this Congress. We have to do the work of the American people.”

But the advocate said this pledge from Reid “is largely useless” because senators whose votes would be needed for repeal of “Don’t Ask, Don’t Tell” would still leave before the session is over.

“He would likely lose senators like [Blanche] Lincoln and [Evan] Bayh who are not returning,” the advocate said. “If the Senate does not work this weekend, they will largely be done.”

Following the House vote, House Majority Leader Steny Hoyer (D-MD.) said during a news conference he doesn’t know when Reid will schedule the vote — even as he acknowledged that talks between House and Senate leadership have taken place.

“I have had conversations with Sen. Reid which indicated that we were going to take this action, and so he anticipated this action,” Hoyer said.

Despite these anxieties, other signs show that sufficient support exists to repeal “Don’t Ask, Don’t Tell” if the legislation moves to the Senate floor.

Multiple sources have told the Blade that 60 votes are present in the Senate to repeal “Don’t Ask, Don’t Tell” now that other legislative items such tax cuts have cleared the table.

At the news conference, Hoyer said he’s spoken many senators about “Don’t Ask, Don’t Tell,” which has led him to believe that sufficient support exists for passage repeal.

“I’ve also had conversations with a number of members of the United States Senate — Republican members,” Hoyer said. “My belief is that there are the requisite number of votes in the United States both to effect cloture and passage of the legislation.”

Several Republicans senators — such as Scott Brown (R-Mass.), Richard Lugar (R-Ind.) and Lisa Murkowki (R-Alaska) — have come out in favor of repeal following the release of the Pentagon report.

On Wednesday, Sen. Olympia Snowe (R-Maine) added her name to the list of senators who have come out in favor of “Don’t Ask, Don’t Tell” repeal.

“After careful analysis of the comprehensive report compiled by the Department of Defense and thorough consideration of the testimony provided by the secretary of defense, the chairman of the Joint Chiefs of Staff and the service chiefs, I support repeal of the ‘Don’t Ask, Don’t Tell’ law,” Snowe said in a statement.

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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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