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Baldwin front-runner to claim Dem nomination for Senate

But lesbian lawmaker likely faces stiff challenge in general election

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Rep. Tammy Baldwin (D-Wisc.) (Washington Blade file photo by Michael Key)

Claiming the Democratic nomination to become the next U.S. senator from Wisconsin — and the first openly gay U.S. senator — just got easier for Rep. Tammy Baldwin (D-Wisc.) now that a potential major opponent has announced he won’t seek office in 2012.

Former U.S. Sen. Russ Feingold, who lost his seat during the Republican wave in the 2010 election, said in a message to supporters last week that he wouldn’t run for office in 2012.

“I am grateful for the friendship and support of so many fellow Wisconsinites who suggested I consider running for statewide office in the coming months,” Feingold wrote. “While I may seek elective office again someday, I have decided not to run for public office during 2012.”

Feingold, who since his departure from the Senate founded the group Progressive United, said he instead wants to devote his time to teaching at Marquette University Law School and working to overturn Citizens United, a 2010 U.S. Supreme Court decision allowing unlimited corporate funding for independent political broadcasts in political campaigns.

He was seen as the favorite to win the Democratic nomination — and likely the seat itself — for the seat Sen. Herb Kohl (D-Wisc.) will vacate upon his retirement at the end of next year. With Feingold out of the picture, political observers say Baldwin, who has said she’s “very likely” to pursue a run for Senate, is the front-runner to claim the Democratic nomination. The only out lesbian in Congress, Baldwin has been serving in the U.S. House since 1999.

In a statement to supporters, Baldwin praised Feingold for being what she called “one of the true legends of Wisconsin’s progressive tradition” and said she expects his “political courage” to continue to impact Wisconsin and the country for years to come.

“Lots of you have asked me whether Russ’ announcement will influence my plans,” Baldwin said. “As I’ve said, I’m seriously exploring a race for the U.S. Senate — and I’ll have more to say about that soon.  But whoever represents our party in that important election should have the same progressive principles — and the same courage to do what’s right — that Russ Feingold has displayed every day of his distinguished career.”

Baldwin was expected to hold off on announcing any decision to run for U.S. Senate until after the Wisconsin special elections, which took place Aug. 9, and after Feingold revealed his intentions for 2012. Now that the election is over and Feingold has announced his decision, Baldwin is widely expected to make an announcement just after Labor Day.

Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, which has been pushing Baldwin to run for the Senate, said Feingold’s announcement is “encouraging.”

“We’re still assuming that there is going to be a competitive primary; somebody is going to pop up,” Dison said. “But I think if her decision had much to do with whether or not Feingold was running, obviously this is a much more encouraging environment and atmosphere to run in.”

Larry Sabato, a political scientist at the University of Virginia, said via e-mail that Feingold’s decision to sit out the race is a “big boost” for Baldwin.

“She could not have gotten the nomination against Feingold — no question he would have defeated her if she had even run, which I doubt,” Sabato said. “Now, she’s got a good chance to be the Democratic nominee, although we have to wait and see who runs against her. The dust hasn’t settled from Feingold’s announcement.”

Other Democrats who are said to be mulling potential bids for the Senate seat include Rep. Ron Kind (D-Wisc.), a seven-term member of the U.S. House, and Steve Kagen, a former U.S. House member from Wisconsin who was unseated in 2010. Kind has publicly said he’s considering jumping in the race.

But according to data published last week from Public Policy Polling, Baldwin would defeat those opponents in a Democratic primary. In a three-way race with Kind and Kagen she leads with 37 percent to 21 percent for Kind and 15 percent for Kagen. Additionally, in just a two-way race with Kagen she leads 48-19.

In addition to favorable polling numbers in the hypothetical primary, Baldwin also has more money on hand compared to either Kind or Kagen. In the most recent Federal Election Commission reports, Baldwin posted $1.1 million in cash on hand after raising more than $600,000 thus far this election cycle. Comparatively, Kind has $478,000 in cash on hand after raising $592,00o this cycle. Kagen has no cash on hand and has only raised $18,000 this cycle.

Dison said potential Democratic challengers to Baldwin will look at those numbers in determining whether to run against her.

“I think if anybody who’s going to consider getting into the race will look at that polling, they’ll look at her fundraising and decide whether it will too much of an uphill battle to challenge her,” Dison said.

But winning the seat against a Republican contender in the general election will be more challenging. Potential GOP opponents — like former Gov. Tommy Thompson or former U.S. Rep. Mark Neumann — are marginally ahead of her in the polls.

The data from PPP shows that in a match-up between Neumann and Baldwin, Neumann would win 44-40, although 15 percent of responders said they were undecided. In a contest between Thompson and Baldwin, Thompson would win 50-42, although eight percent of voters identified as undecided. Fundraising data for Thompson and Neumann wasn’t available on the FEC website.

Sabato said the key for the general election is whether Thompson wins the GOP nomination and, if he does, how handily he wins the Republican mantle.

“He’s viewed as a moderate within the GOP, and as we saw in 2010, that can cause problems,” Sabato said. “Will the Tea Party back Mark Neumann or some other opponent of Thompson? Will Gov. Scott Walker and Sen. Ron Johnson decide to endorse Thompson or an opponent in the GOP primary?”

If Thompson clinches the Republican nomination without too much difficulty, Sabato said he’d give him a slight edge over Baldwin in the general election, but added his prediction could be off because of the timing of the Senate race.

“I hasten to add that Wisconsin is going to be a real battleground presidentially,” Sabato said. “Obama’s large majority in 2008 is less representative of Wisconsin’s contested nature than the 2000 and 2004 presidential results, which were extremely close. Presidential coattails could matter greatly in Wisconsin, as in some other Senate contests. And look at the recent Wisconsin State Senate recall elections — $30 million plus spent on a handful of local races, with emotions running very high.”

Sabato said “things are so unclear on both sides” in the Wisconsin Senate race that his Crystal Ball website will rank the contest as a “Toss Up” in its next edition.

 

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

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U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

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