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Will Dems embrace marriage in platform?

Renewed debate over LGBT issues as parties prepare for 2012 conventions

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Michael Mitchell

Im sure that the Democratic Party platform will be very good if not great on LGBT issues,' said Michael Mitchell, executive director of the National Stonewall Democrats. (Washington Blade file photo by Michael Key)

The Republican National Convention in Tampa Bay, Fla., and the Democratic National Convention in Charlotte, N.C., are 13 months away, but many are already wondering how the two parties will address LGBT issues in their 2012 platforms.

“The platform from 2008 was a pretty good platform, as are most of the platforms of state Democratic parties around the country,” said Michael Mitchell, executive director of the National Stonewall Democrats. “So the vast majority of them are very LGBT inclusive, the vast majority of them talk about everything from the repeal of ‘Don’t Ask, Don’t Tell,’ all the way up to and including marriage in some places. Certainly they vary state to state, given how strong LGBT people are organized in the Democratic Party there.”

Mitchell continued, “So I have no doubt given the people who were involved in 2008 will continue to be involved now, the new crop of people we have coming in. The work that we’re doing at National Stonewall — or rather that we will be doing, as we haven’t started working in earnest on a platform — I’m sure that the platform will be very good if not great on LGBT issues.”

Mitchell sees opportunities to address new LGBT issues in the platform, as several of the 2008 planks have been achieved, including passage of a federal hate crimes law and repeal of “Don’t Ask, Don’t Tell.”

“Our issues have shifted since 2008, so obviously we had the repeal of ‘Don’t Ask, Don’t Tell’ and that’s great … but there are other issues around that implementation that we have to start digging into,” Mitchell continued. “I think it’s certainly better than what the other party is up to.”

The 2008 Republican Party platform denounced same-sex marriage, as well as non-discrimination statutes barring bias on the basis of sexual orientation or gender identity in areas like employment, public accommodations and adoption.

Some moderate Republicans hope that the party will soften its anti-gay rhetoric next year, as public opinion on LGBT issues has shifted.

The DNC’s 2008 platform included a call to repeal “Don’t Ask, Don’t Tell,” increase funding for HIV/AIDS prevention and care, pass the Local Law Enforcement Hate Crimes Prevention Act and assure that federal funds would not be used to “proselytize or discriminate” in “faith-based” programs. The language also explicitly promised to fight discrimination based on sexual orientation and gender identity, and alluded to support for non-discrimination laws in employment.

Most strikingly, the platform stated, “We support the full inclusion of all families, including same-sex couples, in the life of our nation, and support equal responsibility, benefits, and protections. We will enact a comprehensive bipartisan employment non-discrimination act. We oppose the Defense of Marriage Act and all attempts to use this issue to divide us.”

But some LGBT Democrats are looking for more in 2012.

Richard Socarides, president of Equality Matters and a former adviser to President Bill Clinton, wants to see the Democratic Party take a bold stance on issues dear to the LGBT community, including marriage equality.

“I feel it’s important for the Democratic Party to have a strong pro-LGBT platform,” he said. “The platform is very important. It reflects what we stand for. The 2008 platform is not going to be good enough for 2012.

“As we watch the Republican field develop, it seems the GOP platform will be a total disaster,” Socarides said, referring to the 2012 field of GOP presidential candidates.

Members of both parties, however, see 2012 as an opportunity to make headway.

“Log Cabin Republicans plan to actively participate in the process to revise the party’s platform,” said Christian Berle, deputy executive director of Log Cabin Republicans. “We recognize there will be a lot of work to be done to strengthen the importance of reaching out to LGBT Americans as a part of strengthening the party,”

Log Cabin’s chairman emeritus, Bob Kabel, sits on the Republican National Committee, Berle noted. Kabel — Log Cabin’s first national chairman — is the only openly gay member of the RNC, and the first openly gay chairman of a state-level Republican Committee, as the chairman of the District of Columbia Republican Committee.

“Log Cabin Republicans have long had delegates of ours to the conventions and will work with other organizations to help us recruit more openly gay candidates,” Berle said.

Mitchell hopes to bring leaders from across the LGBT community directly to the DNC to communicate goals and ideas to the decision makers.

“I would hope that we are the point organization for other LGBT organizations who are looking to get included in the platform and that we can help guide people to the right folks. That’s the role I really see us as playing.”

Though both parties have a long wait to decide their platforms, Michael Czin, a regional press secretary at the Democratic National Committee, said that as soon as the state parties are ready, the process will begin moving forward.

“The process to draft the 2012 platform hasn’t started yet, but next year there will be a robust and inclusive process within the Democratic Party to draft the 2012 platform,” Czin told the Blade. “The process, just like in previous years will be representative of the many voices that comprise the Democratic Party.”

The platform is forged by the Platform Committee, a diverse group that consists of party delegates from all over the country, representing many constituency groups within the party.

Mitchell said that Stonewall would be able to wield some influence over the process of crafting the platform, especially if prominent LGBT Democrats are involved at high levels during its creation.

“[Stonewall Democrats] have close relationships with the folks who I expect will end up being players,” Mitchell said. “The folks who were all involved the last time around. … We have a lot of those relationships already existing, and I’m sure we’ll be building relationships to figure out the best way to make the platform as LGBT inclusive as possible for both the LGBT community and our families.”

Berle sees a trend of Republican candidates taking less hard-right stances on LGBT issues.

“I think the candidacy of Gov. Jon Huntsman opens a great number of doors for LGBT Republicans to get behind a candidate,” Berle told the Blade. “He has the same position on marriage equality that the president does with his support for civil unions, that is striking a tenor with a wide array of gay and lesbian Americans, not only Republicans but Democrats and independents as well. You have an openly gay candidate in Fred Karger and you have Gov. Gary Johnson and Rep. Ron Paul, whose libertarian positions line up with the views of many LGBT Americans.”

But not everyone sees platform language as relevant to the race, as candidates don’t always tow the party line.

“Party platforms are interesting creatures these days,” said Dana Beyer, executive director of Gender Rights Maryland. “There’s a real dichotomy in my mind. I can’t remember the last time I cared, as a voter, what the platform actually said. Maybe the early 70’s, but it was so long ago I don’t recall.”

She continued, “However, as an activist, and a Democratic candidate, I’m very aware that the platform speaks volumes about the party’s values and priorities. And while it is still a long haul from the enunciation of those values in a platform to their integration into the life of the party’s members, and particularly its leaders, you must start somewhere, and that somewhere is the party platform.”

Chris Barron, board chair of GOProud, played down the importance of platform language.

“Political party platforms are not worth the paper that they’re printed on,” said Barron. “No one in the country reads them, nor should anyone in the country read them. They have absolutely no impact whatsoever. What I care about? I care about the policies that the nominee of each party is going to put forward. That’s what [GOProud will] be focused on.”

Log Cabin’s Berle agrees the presidential nominee holds more sway than the platform committee in the end.

“In terms of the platform — and the convention itself — it will be driven largely through whoever is the Republican nominee, so there are a varying number of candidates who would have different positions in regard to redressing those issues,” Berle said.

Berle speculated that if one of the candidates who has committed to supporting a federal marriage amendment wins the nomination, it will remain part of the platform. However, there are other areas where LGBT Republicans can gain ground, he said.

“It would be a consistent effort of ours to address and debate and hopefully remove the language in support of the ‘Don’t Ask, Don’t Tell’ policy as a part of the platform, particularly because ‘Don’t Ask, Don’t Tell’ in August of 2012 will not exist as a policy,” Berle said. “And it will not exist as a policy because of the support of Republican United States Senators such as Susan Collins and Scott Brown.”

Berle noted that there could be opportunities at the convention level that would expand rights for LGBT Americans, such as support for tax parity legislation that removes the penalty on companies and individuals that cover domestic partners through their health care policies.

When speculating about whether or not the Republican Party would finally nominate a candidate that would speak against anti-LGBT voices in the party, GOProud’s Barron said the party already had in John McCain.

“John McCain went to the floor of the Senate and spoke out eloquently against the Federal Marriage Amendment back when that voice actually mattered,” Barron said. “When there were centrist Democrats who were hiding from this issue, John McCain went to the floor and talked about how it is antithetical to everything that the Republican Party was founded on.”

McCain, however, frustrated his pro-LGBT friends in the Republican Party in 2010 when he became the most outspoken voice fighting the repeal of “Don’t Ask, Don’t Tell” in the Senate. The repeal eventually passed, despite the senator’s protests and filibuster threat.

“I’m confident that we’re going to have a nominee that gay conservatives can work with,” Barron said. “It’s very early in the process, but at the end of the day we’re going to have somebody that gay conservatives can support.”

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Florida

DNC slams White House for slashing Fla. AIDS funding

Following the”Big Beautiful Bill” tax credit cuts, Florida will have to cut life saving medication for over 16,000 Floridians.

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HIV infection, Florida, Hospitality State, gay Florida couples, gay news, Washington Blade

The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.

The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026. 

Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health. 

The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.

“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”

The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it. 

HIV disproportionately impacts low income people, people of color, and LGBTQ people

The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.

“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”

More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.

Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.

“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage

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U.S. Supreme Court

Competing rallies draw hundreds to Supreme Court

Activists, politicians gather during oral arguments over trans youth participation in sports

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Hundreds gather outside the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.

“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”

U.S. Sen. Ed Markey (D-Mass.) speaks outside of the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”

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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”

“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”

From left, U.S. Education Secretary Linda McMahon and U.S. Rep. Mark Takano (D-Calif.) speak during the same time slot at competing rallies in front of the U.S. Supreme Court on Tuesday. Takano addresses McMahon directly in his speech. (Washington Blade photo by Michael Key)

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.

“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”

“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”

Takano then turned and pointed his finger toward McMahon.

“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”

Both politicians continued their remarks from opposing podiums.

“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”

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U.S. Supreme Court

Supreme Court hears arguments in two critical cases on trans sports bans

Justices considered whether laws unconstitutional under Title IX.

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The United States Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.

The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.

Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.

“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”

“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”

Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.

“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”

Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.

“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.

“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.

Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.

“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”

Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.

“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”

Kathleen Harnett, center, speaks with reporters following oral arguments at the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.

Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.

“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”

Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.

“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”

Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”

Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.

“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”

Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.

Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.

Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.

“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”

Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.

“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”

A demonstrator holds a ‘protect trans youth’ sign outside of the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

Outside the court, advocates echoed those concerns as the justices deliberated.

“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”

“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”

The Supreme Court is expected to issue rulings in both cases by the end of June.

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