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Minnesota gearing up for marriage fight

In symbolic move, guv vetoes 2012 ballot measure

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Donald McFarland is leading the effort for Minnesotans United for all Families (Photo courtesy of McFarland)

Supporters of LGBT rights are gearing up for yet another fight at the ballot against a proposed constitutional amendment that would ban same-sex marriage.

This time around, the theater for battle is Minnesota.

Donald McFarland, spokesperson for the new coalition known as Minnesotans United for All Families, said nearly 1,000 people have already signed up to work against the amendment on the campaign website within 48 hours of passage by the legislature.

“They are signing up by the hundreds to help us,” McFarland said. “It’s incredible actually. The outpouring of support to what happened Saturday night is as great as I have ever seen in my political career — and I’ve been doing this for 30 years.”

On Saturday, the Minnesota State House gave final approval to the proposed constitutional amendment by a vote of 70-62. The State Senate had already passed the measure.

The Republican-controlled legislature’s approval sends the measure to the state electorate. If a majority of voters approves the marriage ban in 2012, it will become part of the state constitution.

Same-sex marriage is already prohibited in Minnesota by statute, but passage of the amendment would prohibit the legislature from legalizing same-sex marriage in the future or the state courts from finding a right to same-sex marriage in the state constitution.

A coalition of LGBT organizations — including national groups such as the Human Rights Campaign, the National Gay & Lesbian Task Force and Freedom to Marry as well as local groups OutFront Minnesota and Project 515— launched a new coalition, Minnesotans United for All Families, immediately upon approval of the amendment.

The plans for the nascent campaign are still being developed. An official campaign manager has yet to be named. Still, the campaign has already piqued the interest of supporters of same-sex marriage.

McFarland said the biggest goal at this point is to start a conversation with the Minnesota electorate about the love and commitment of same-sex couples and reminding voters that discrimination runs contrary to state values.

“The biggest component of the next many, many months is the fact that we’ll have an army of people, an army of volunteers, an army of smart, smart Minnesotans who want to help,” McFarland said. “That’s an advantage that we have ten-fold over the other side.”

McFarland, the de facto head of Minnesotans United for All Families until a campaign manager is selected, said he’s been involved in Minnesota politics for nearly 10 years.

In 2006, he was state director of American Voters, an organization that works to advance liberal-leaning policies and expand access to the ballot. Last year he worked as a communicators officer for the Minnesota Democratic Party.

McFarland’s LGBT portfolio includes working as the gay liaison in Philadelphia for Bill Clinton’s 1992 presidential campaign and serving as a board member for Project 515.

Money is already a concern for the new coalition. Proponents of the anti-gay amendment in Minnesota have pledged to raise $4.7 million to ensure its passage. McFarland said he wants to raise the amount dollar-for-dollar to thwart the effort.

“Things like fundraising goals are still being really fleshed out, but I will tell you that I am committed to raising $4.7 million to match what the other side claims it will spend,” McFarland said.

The output for the campaign is still under deliberation, but McFarland said he envisions paid television advertisements as well as additional paid media presence.

As supporters of same-sex marriage gear up for the fight, anti-gay groups, such as the Minnesota Family Council, are working for passage of the amendment.

The Minnesota Family Council had urged passage of the amendment, asserting that gays and lesbians eat human excrement, that gays and lesbians are more likely to be pedophiles and engage in bestiality, and that domestic partner benefits are a recruiting tool. The anti-gay group has since the scrubbed the language from its online promotions.

McFarland said maintaining a “respectful” tone throughout the campaign is a priority and criticized the anti-gay group’s tactics in the debate.

“It’s just vile language,” McFarland said. “It has no place here. It certainly has no place in Minnesota.”

The Minnesota Family Council didn’t respond to the Washington Blade’s requests for comment for this article.

Polling on the amendment in Minnesota is limited, but is promising for those working to defeat the measure. A poll published May 13 by the Minnesota Star Tribune found that 55 percent of respondents oppose adding such language banning same-sex marriage to the state constitution while 39 percent favor such a measure.

McFarland said he thinks the polling is “absolutely” comforting news, but shouldn’t be seen as a guarantee that Minnesota voters will reject the proposed constitutional amendment.

“A year-and-a-half is a long time, so who knows?” McFarland said. “We want to beat this ballot question and we’re going to do everything we can to do that.”

Issac Wood, a political scientist at the University of Virginia, said the 2012 presidential election — and the strength of President Obama — may have an impact on the result of the Minnesota ballot initiative.

“Often pundits and the media talk about referendums driving voter turnout and influencing elections, but in this case we may see the reverse,” Wood said. “If Obama is able to win a sizable victory in Minnesota again in 2012, which he won by 10 percentage points in 2008, perhaps he could draw enough socially liberal voters to the polls to defeat the marriage amendment as well.”

Wood said based on the history of the marriage ballot initiatives, Minnesota voters may approve the amendment. Still, he observed that national opinion on marriage has been evolving rapidly in the past year.

“Public opinion on the issue seems to be turning recently, with new polls showing nationwide approval of gay marriage on the rise,” Wood said. “Whether that approval has risen quickly enough to stem the tide of marriage amendments remains to be seen.”

Although there are promising poll numbers, a victory at the polls on the marriage issue is an extremely rare feat for LGBT rights supporters. Each time that a ban on same-sex marriage has come to voters at the state level, it has almost always been approved.

In 2006, Arizona voters rejected an amendment that would have made a ban on same-sex marriage and marriage-like unions part of the state constitution. However, voters passed a similar amendment in 2008 that banned only same-sex marriage.

Despite the dismal batting average, McFarland said he plans to draw on lessons from those earlier battles and has had conversations with those who’ve gone before him.

“We’re currently talking to others in other states that have gone before us in these battles over same-sex couples’ ability to get married,” McFarland said. “We very much intend to be mindful of all of them as we move forward.”

Prominent Minnesotans have already spoken out against the amendment. On Wednesday, Gov. Mark Dayton (D) penned  a symbolic veto. Since the measure is a constitutional amendment, he doesn’t have the authority as governor to stop the initiative from becoming part of state law.

“Although I do not have the power to prevent this divisive and destructive constitutional amendment from appearing on the Minnesota ballot in November 2012, the legislature sent it to me in the form of a bill,” Dayton said. “Thus, symbolic as it may be, I am exercising my legal responsibility to either sign it or veto it. Without question, I am vetoing it.”

McFarland said he appreciates Dayton’s vocal opposition to the amendment — and said the governor was speaking out against it even before the legislature gave final approval — but he said he doesn’t think Dayton will play a large role in the campaign against the initiative.

“He’s the governor and his job is to be governor, not to be part of the campaign,” McFarland said. “His campaign was last year. Will he speak out about this issue? I believe he will because he feels passionately about this, like so many other Minnesotans.”

Another prominent politician from Minnesota has voiced a similar objection. On Monday, U.S. Sen. Al Franken (D-Minn.) also slammed the amendment in a statement to media outlets.

“Every Minnesotan deserves dignity and equal treatment under the law, and our state’s same-sex couples should have the same right to marry as anyone else — period,” Franken said. “This amendment would do nothing more than write discrimination into our state’s constitution and add to the barriers same-sex couples already face to the full recognition of their families. I’m hopeful that common sense and compassion will prevail and that this amendment will be defeated.”

Also earlier this week, White House spokesperson Shin Inouye issued a statement to the Washington Blade on President Obama’s position on the measure.

“The President has long opposed divisive and discriminatory efforts to deny rights and benefits to same sex couples or to take such rights away,” Inouye said. “While he believes this is an issue best addressed by the states, he also believes that committed gay couples should have the same rights and responsibilities afforded to any married couple in this country.”

The statement doesn’t explicitly mention the proposed constitutional amendment in Minnesota. Additionally, the statement reaffirms Obama’s lack of support for same-sex marriage rights by saying the issue is “best addressed by the states.”

McFarland said he’s “thrilled” the White House issued a statement, but dodged on whether he’d like to see more from Obama over the course of the campaign against the amendment.

“I really have no answer to that,” McFarland said. “I’m not going to make a call in the press to the White House. I’m not comfortable with that.”

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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