National
LGBT groups withhold support from education bill
Orgs say legislation is ‘ideal vehicle’ to address bullying
Several LGBT organizations say they “do not support” the Senate version of education reform legislation as it currently stands due to the lack of protections for LGBT students and what they say is a rollback of federal accountability for schools.
In a letter dated Nov. 1, a group of eight LGBT organizations wrote to leaders on the Senate Health, Education, Labor & Pensions Committee to express “grave concerns” about the Elementary & Secondary Education reauthorization bill and to withhold support from the bill.
“As legal and advocacy organizations committed to ensuring that [LGBT] students, as well as those who are perceived to be LGBT, have access to an education unhindered by discrimination and harassment, we are writing to express our grave concerns with the Elementary and Secondary Education Reauthorization Act of 2011, which we do not support in its current form,” the letter states.
The Senate HELP Committee passed the ESEA reauthorization bill on Oct. 20 with a bipartisan vote of 15-7. However, despite calls from LGBT advocates, measures providing explicit protections for LGBT students known as the Student Non-Discrimination Act and the Safe Schools Improvement Act weren’t included in the larger bill.
The letter has eight co-signers: the American Civil Liberties Union, the Family Equality Council, Gay & Lesbian Advocates & Defenders, Lambda Legal, the National Black Justice Coalition, the National Center for Lesbian Rights, the National Gay & Lesbian Task Force Action Fund and PFLAG National. The Human Rights Campaign and the Gay, Lesbian & Straight Education Network are not among the co-signers.
The letter, addressed to Senate HELP Committee Chair Tom Harkin (D-Iowa) and Ranking Member Mike Enzi (R-Wyo.), asks the senators to “address our significant concerns” as the legislative process moves forward
The signers criticize the lack of explicit protections for LGBT students in the education reform bill on the basis that studies have shown LGBT students are a vulnerable group and face a higher risk of suicide. The letter says the education bill, intended to update the No Child Left Behind Act of 2001, is “the ideal vehicle” to address the problem.
“Discrimination and harassment of LGBT students, and those perceived to be LGBT, is a serious problem in public elementary and secondary school districts across the United States,” the letter states. “Despite this fact, the ESEA Reauthorization Act of 2011 fails to include any express protections for this vulnerable student population, or even to make reference to them.”
The groups write that the need for the federal government and schools to act to address discrimination and harassment of LGBT students “is critical.” Additionally, they urge that the action taken shouldn’t “rely on overly punitive school discipline policies which worsen the problem of the school-to-prison pipeline.”
The groups also say they “share the concerns” of other civil rights organizations, business groups and education officials on what they say is the bill’s “weak accountability system” for schools. Non-LGBT groups involved in education, including the Lawyers’ Committee for Civil Rights Under Law, have said the legislation doesn’t require states and districts to set measurable goals for students and lacks consequences for states failing to demonstrate continuous improvement.
The letter says proposed rollbacks will “have a particularly harmful impact” on minority students, such as students with disabilities, low-income students and students of color — as well as LGBT students.
“Unfortunately, this reauthorization, in its current form, will permit far too many low-achieving students across the country to slip through the cracks, without any federal accountability,” the letter concludes.
In response to the letter, a Harkin spokesperson said the senator “has long supported efforts to ensure that all children feel safe and secure in our schools.”
“As is well-known and as he emphasized during the Committee’s consideration of the bill to fix NCLB, Chairman Harkin believes that no student should be forced to endure harassment, discrimination, violence, bullying or intimidation for any reason, including their sexual orientation or gender identity, and is an original cosponsor of the Student Non-Discrimination Act,” the spokesperson.
The Student Non-Discrimination Act, or SNDA, would prohibit school activities receiving federal funds from discriminating against or allowing the harassment of LGBT students. During the committee markup of the education reform bill, SNDA’s sponsor, Sen. Al Franken (D-Minn) introduced the bill as an amendment but then withdrew the measure before a vote could be held, saying he would introduce the measure on the Senate floor.
The Harkin spokesperson said the senator “is committed to working with Sen. Franken to bring up and pass SNDA as an amendment when the reauthorization of ESEA comes before the full Senate and is hopeful that his colleagues will join him in standing against discrimination, bullying and harassment of any student.”
Enzi’s office didn’t respond to the Washington Blade’s request for comment on the letter or concerns about the lack of protections for LGBT students in the measure.
In addition to SNDA, the Safe Schools Improvement Act, or SSIA, is another bill that would address school bullying. The legislation would require schools receiving federal funds to adopt codes of conduct that prohibit bullying and harassment, including on the basis of sexual orientation and gender identity. The bill was also offered as an amendment during the markup by its sponsor, Sen. Bob Casey (D-Pa.), who withdrew it before a vote could be held and said he’d bring the measure up on the floor.
Although the education reform bill doesn’t contain either SNDA or SSIA, the legislation addresses bullying under a provision called Successful, Safe and Healthy Schools, which requires schools receiving grants under the program to have student conduct policies that prohibit bullying and harassment.
Ian Thompson, the ACLU’s legislative representative, said the general anti-harassment language in the education reform legislation isn’t enough for the signers of the letter.
“The general anti-harassment language in ESEA is insufficient, as it includes no enumeration, including actual/perceived sexual orientation and gender identity,” Thompson said. “In addition, we feel strongly that it is critically important to bring LGBT students under the protections of federal civil rights law, as SNDA would do.”
The absence of two LGBT groups — HRC and GLSEN — from the list of signers is notable because HRC is the largest LGBT rights organization and GLSEN is the LGBT group that focuses most directly on LGBT students.
Michael Cole-Schwartz, an HRC spokesperson, said the organization shares the concerns expressed in the letter, but didn’t want to sign a missive withholding support for ESEA reauthorization.
“We share the concerns but we do not have a position on the underlying ESEA reauthorization bill therefore we were unable to sign a letter that said we ‘do not support’ it,” Cole-Schwartz said.
Daryl Presgraves, a GLSEN spokesperson, said his organization is working to pass specific pro-LGBT student bills, but backs the organizations that signed the letter.
“Our focus has been specific to SSIA/SNDA, but we support the work of our partners who signed on,” Presgraves said.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
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.
The White House
White House debuts action plan targeting pollutants in drinking water
Same-sex couples face higher risk from environmental hazards
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.
Maine
Maine governor signs transgender, abortion sanctuary bill into law
Bomb threats made against lawmakers before measure’s passage
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.”
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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