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Will GOP candidates attack marriage in Iowa, N.H.?

Gay nuptials legal in both early voting states

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Former U.S. House Speaker Newt Gingrich arranged for the donation of $200,000 to the Iowa campaign in the 2010 election that successfully ousted three justices who in ruled in favor of same-sex marriage from the bench. (Blade photo by Michael Key)

The kick-off of the 2012 election season — marked by potential Republican presidential candidates’ travels to the early primary and caucus states of Iowa and New Hampshire — is raising questions about the degree to which the GOP candidates pursuing the White House will attack same-sex marriage in these states where gay nuptials are legal.

The issue of marriage could come to the fore during the early stages of the 2012 race because it will be the first presidential election in which same-sex marriage is legal in the first two states to hold primaries. In Iowa, where same-sex marriage was enacted by court order, the Republican caucuses are scheduled for Feb. 6, and in New Hampshire, where marriage equality was enacted through legislation, the Republican primary is expected Feb. 14.

Many of the potential Republican presidential contenders are already on the record in their opposition to same-sex marriage or have histories working against the advancement of marriage rights for gay couples. For example, former Massachusetts Gov. Mitt Romney and former Minnesota Gov. Tim Pawlenty have come out in favor of state and federal constitutional bans on same-sex marriage.

According to Politico, Rep. Michele Bachmann (R-Minn.), who’s pushed for a constitutional ban on same-sex marriage in her home state, railed against marriage equality on Monday in a speech at the latest installment of the Iowa Family Leader’s presidential lecture series.

“In 5,000 years of recorded human history… neither in the East or in the West… has any society ever defined marriage as anything other than between men and women,” Bachmann was quoted as saying. “Not one in 5,000 years of recorded human history. That’s an astounding fact and it isn’t until the last 12 years or so that we have seen for the first time in recorded human history marriage defined as anything other than between men and women.”

Bachmann also reportedly called Iowa judges “black-robed masters” for legalizing same-sex marriage, echoing a line she used during a previous trip to the state.

“That’s what you had here in Iowa: black-robed masters,” Bachmann said. “They are not our masters. They are not our morality. They are not put there to make the decisions.”

Last month, the Los Angeles Times reported that former U.S. House Speaker Newt Gingrich arranged for the donation of $200,000 to the Iowa campaign in the 2010 election that successfully ousted three justices who in ruled in favor of same-sex marriage from the bench. David Lane, executive director of Iowa for Freedom, the organization that led the campaign, reportedly said the ouster of the justices “wouldn’t have happened without Newt.”

“Newt provided strategic advice and arranged the initial seed money, about $200,000, which is what got everything started,” Lane was quoted as saying.

During the 2011 Conservative Political Action Conference in February., former U.S. Sen. Rick Santorum told the Washington Blade that one law should govern marriage throughout the country as he reiterated support for a U.S. constitutional amendment banning same-sex marriage.

“I was one of the authors of the Federal Marriage Amendment,” Santorum said. “I don’t think you can have varying laws on marriage. You run into, as we’re seeing, all sorts of problems about reciprocity between the states. This is an issue that there should be a law, the people should be able to decide it and hopefully that’s what will happen.”

Still, as he reiterated his support for the Federal Marriage Amendment, Santorum also said the economy and national security should precede marriage as issues of importance in the 2012 election.

Other lower-tier candidates have positions different from full-throated opposition to same-sex marriage. Former U.S. ambassador to China and former Utah governor Jon Huntsman has endorsed civil unions, which is the same position on relationship recognition for same-sex couples that President Obama has. Indiana Gov. Mitch Daniels has called for a truce on social issues, which has earned him criticism from social conservatives within the Republican Party, although he has wavered on his position on a state constitutional amendment banning same-sex marriage in his own state.

Fred Karger, a Republican political strategist and the first openly gay presidential candidate, told the Washington Blade he plans to speak out for same-sex marriage during his campaign as he predicted that other GOP presidential contenders will speak out against marriage as they seek support in Iowa and New Hampshire.

“It will be an issue,” Karger said. “Some of the Republicans running plan on making it an issue. I’m doing my best to stop that and talk about the advantage of gay marriage and just working in both states to move on to more important issues.”

Karger, who gained notoriety after he shed light on the Mormon Church’s involvement in Proposition 8, said he’ll “absolutely” advocate for preserving the right to same-sex marriage in Iowa and New Hampshire over the course of his presidential campaign.

“I think every other Republican who is considering running is adamantly opposed to gay marriage, and then you’ve got the gay candidate who is, of course, the only full equality candidate running in both parties,” Karger said.

Larry Sabato, a political scientist at the University of Virginia, said he thinks the marriage issue will figure prominently during the Iowa caucuses and the New Hampshire primary because of the nature of the voters in these elections.

“We’re talking about GOP primary voters and caucus-goers, and these are much more conservative than the general population — especially those attending a caucus,” Sabato said.

Sabato said he expects the candidates to express strong opposition same-sex marriage in Iowa because of the fundamentalist Christian influence on the Republican Party in the state and because it has become what he called a “big statewide issue.”

But in New Hampshire, where the state slogan is “Live Free or Die,” Sabato said social issues “may play less well.” Still, he observed candidates are stuck with publicly articulated positions wherever they go.

“Romney probably isn’t playing in Iowa so he’s under less pressure [to speak out against same-sex marriage],” Sabato said. “The candidates who are going to contest Iowa will have to tow the line on same-sex marriage. A handful will trumpet their position and make it a centerpiece of their campaigns. Examples: Rick Santorum and Michele Bachmann.”

Advocates who work on both sides of the marriage issue are urging Republican candidates to take strong positions either for or against same-sex marriage — depending on where the advocates stand — as the primary season approaches.

Maggie Gallagher, chair of the National Organization for Marriage, said via e-mail she thinks a Republican candidate who has a position other than opposition to same-sex marriage would not do well in the presidential campaign.

“I think it’s highly unlikely that any candidate who does not support marriage as the union of husband and wife will be a major player for the GOP nomination,” Gallagher said. “If NOM has done nothing else in our first three years (stop: and I think we’ve done more), we’ve clearly demonstrated electorally that it is a really bad idea to be for gay marriage if you are a Republican.”

But Evan Wolfson, executive director of Freedom to Marry, said Republican presidential candidates should look to other high-profile Republicans who have endorsed same-sex marriage — such as gay former Republican National Committee chair Ken Mehlman, former Vice President Dick Cheney, former U.S. solicitor general Ted Olson and former first lady Laura Bush — to determine how they should stand on the issue.

“With poll after poll showing majority support nationwide and increasing momentum in favor of the freedom to marry in virtually every part of the population, it’s in the best interests of Republicans to look to the right side of history, not the right-wing,” Wolfson said.

Still, Wolfson said he expects many Republican candidates would seek to appease social conservatives and “pander to hard-core anti-gay opposition” on the issue of marriage as they pursue their presidential ambitions.

“Such candidates will soon discover that bashing gay families and marriage does not play — and not just in the general electorate, but in states such as Iowa and New Hampshire where non-gay as well as gay family members have seen firsthand how neighbors, kin, and communities are strengthened by the freedom to marry — and the love, commitment and connectedness at its core,” Wolfson said.

The potential renewed attention to same-sex marriage as part of the upcoming presidential campaign also raises questions about whether marriage equality in Iowa and New Hampshire would be in jeopardy as a result of high-profile leaders coming to the states and speaking out against gay nuptials.

Rescinding same-sex marriage in Iowa couldn’t happen easily because marriage was put into place in 2009 as a result of a ruling by the state Supreme Court. Overturning the decision would require ratification of a state constitutional amendment. In Iowa, passage of such a measure requires approval in both chambers of the legislature in two concurrent sessions followed by a majority vote of approval from the electorate, so the earliest same-sex marriage could be undone is 2013.

On Feb. 1, the Republican-controlled Iowa State House approved a constitutional amendment by vote of 62-37, but Senate Majority Leader Mike Gronstal (D) has vowed to block the amendment in the Democratic-controlled Senate.

Troy Price, interim executive director of One Iowa, said he expects Republican presidential candidates to come to Iowa and speak out against same-sex marriage as his organization works to protect marriage equality.

“However, while they try to make this an issue, they are in no way speaking for all the Republicans in Iowa,” Price said. “Earlier this year, former Republican State Senator Jeff Angelo – who sponsored a marriage ban amendment five years ago – came out against current efforts to pass the Anti-Marriage Equality Amendment and write discrimination into our constitution, and we know that there are many other Republicans out there who feel the same way.”

Even with candidates’ rhetoric against same-sex marriage, Price said he remains “confident as ever that marriage will be protected.”

The legalization of same-sex marriage in New Hampshire could be in greater danger because it was enacted through the legislative process and could be repealed. Gov. John Lynch (D) has pledged to veto any repeal legislation that comes to his desk, but the Republican supermajority of the legislature seated last year could find sufficient votes to override his veto to undo the marriage law. A vote on repeal legislation is expected in the House in January, which would be shortly before the Republican presidential primary.

Mo Baxley, executive director of New Hampshire Freedom to Marry, said marriage equality remains popular in the state.

“I don’t think the candidates necessarily want to deal with this issue,” she said. “It’s actually pretty popular in New Hampshire — marriage equality. There’s really strong opposition to repealing it, and I just know if I were a candidate, I would want to weigh in on that.”

Rev. Gene Robinson (Blade photo by Michael Key)

Rev. Gene Robinson, the gay bishop of the Episcopal Diocese in New Hampshire, said last month in a Center for American Progress conference call that LGBT rights supporters in his state “are nervous and aware” of the possible impact on the Republican presidential primary, but nonetheless feels assured that marriage equality will remain on the books.

“We’re assuming that there will be a fight to repeal the marriage equality law in New Hampshire,” Robinson said. “There is a veto-proof majority in both the House and the Senate. Clearly, the governor will veto a repeal if it comes through, but I’m fairly confident that we will get enough Republicans with us that we will forestall a veto.”

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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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