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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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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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