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In 2012 election, are women the new gay?

GOP attacks on Planned Parenthood, contraception take center stage

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National Organization for Women President Terry O'Neill (photo by NOW via wikimedia.org)

Move over gays. The dominant social issue heading into the 2012 election isn’t marriage or “Don’t Ask, Don’t Tell,” but a topic many thought was resolved decades ago: women’s rights.

Republican presidential candidates rail against Planned Parenthood; the Senate votes on allowing employers to opt out of providing birth control coverage; and Republicans derail legislation aimed at helping women who are victims of domestic violence. As a result, some are asking: Are women the new gay?

Terry O’Neill, president of the National Organization for Women, said women’s rights have become the No. 1 social issue ā€” creating a “truly unprecedented war against women” ā€” because of the Tea Party’s success in the 2010 elections.

“In addition to health care services, this war on women really includes repeated efforts by conservative lawmakers to slash social programs, like Head Start and after-school programs and family planning centers as well as Medicare and Medicaid and Social Security,” O’Neill said. “These are all programs that women disproportionately rely on.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, said women’s issues are a prominent part of public discourse in 2012, but not in a way that separates them from LGBT rights or other social issues.

“There are many women who are lesbian, bisexual and transgender,” Carey said. “If you look at Planned Parenthood, we know that many members of the LGBT community rely on Planned Parenthood for health services, so even if we’re looking at the attacks on Planned Parenthood ā€” these are not separate from the attacks on our own community.”

Republican presidential candidates have criticized President Obama for instituting a regulation requiring employers ā€” even religious organizations ā€” to provide birth control as part of insurance coverage to female employees. In February, the rule was amended so companies with a moral objection could opt out of such coverage, but in their stead, the private insurers with which the employers contracted would have to offer contraception.

Republican presidential candidate Rick Santorum has railed against the change as an affront to religious liberty and attacked contraception, saying it leads to the spread of sexually transmitted diseases and unplanned pregnancies.

Santorum articulated his views in an interview with a conservative blogger last fall before he became a strong contender in the presidential race.

“One of the things I will talk about that no president has talked about is, I think, the dangers of contraceptives in this country,” Santorum said. “The whole sexual libertine idea. Many in the Christian faith have said, ‘Contraception’s OK.’ It is not OK. It’s a license to do things in the sexual realm that is counter to how things are supposed to be.”

Romney, viewed as a more moderate candidate in the race, has also articulated his views on women’s issues, telling a local reporter in Missouri earlier this month that he would “get rid” of Planned Parenthood.

“Of course you get rid of Obamacare, that’s the easy one, but there are others,” Romney said. “Planned Parenthood, we’re going to get rid of that.”

Romney campaign strategist Eric Fehrnstrom later clarified the former Massachusetts governor was talking about cutting federal funding for the organization.

Conservative talk show host Rush Limbaugh has joined the attacks related to contraception. On Feb. 29, he calledĀ Georgetown University law student Sandra Fluke a “slut” after she gave congressional testimony in support of mandating health insurers to cover contraceptive costs.

“It makes her a slut, right?” Limbaugh said. “It makes her a prostitute. She wants to be paid to have sex. She’s having so much sex she can’t afford the contraception. She wants you and me and the taxpayers to pay her to have sex.”

Obama personally called Fluke to express solidarity with her after Limbaugh made the remarks. After advertisers began withdrawing from Limbaugh’s show, he apologized, saying his “insulting word choices” were meant to be “humorous.”

Planned Parenthood has taken the brunt of attacks as women’s issues have come to the forefront. In January,Ā the Susan G. Komen organization, the largest breast cancer organization in the country, cut funding to Planned ParenthoodĀ after conservative Karen Handel was named senior vice president for public policy.

A public backlash ensued in which Planned Parenthood received nearly $1 million in donations ā€” more than the $600,000 a year that Komen had contributed each year. The next month, Komen’s board of directors apologized, issuing a statement pledging, “to fund existing grants, including those of Planned Parenthood, and preserve their eligibility to apply for future grants.” Handel resigned a few days later.

The emphasis on women’s issues doesn’t mean Republican hopefuls haven’t addressed LGBT issues in their campaigns. Santorum and Romney back a Federal Marriage Amendment and have pledged to defend the Defense of Marriage Act in court.

Still, the discussion of LGBT rights this year hasn’t been as high profile or drawn as much media attention as women’s rights.

And it’s a far cry from 2004 when the issue of same-sex marriage was center stage in the presidential election.Ā The legalization of same-sex marriage in Massachusetts and then-San Francisco Mayor Gavin Newsom’s decision to marry gay couples prompted both Democratic candidate John Kerry and former President George W. Bush to repeatedly declare their opposition to same-sex marriage. Bush made support for a Federal Marriage Amendment a cornerstone of his campaign.

Whether women’s issues will remain on the front-burner of the presidential campaign remains to be seen.

O’Neill said she thinks Republicans will drop women’s issues as a point of contention once they settle on Romney as their nominee.

“Mitt Romney is going to run to the center as hard as he can, and he’s going to run away as hard as he can from women’s issues because he gets that this war on women is a losing war for his party,” O’Neill said.

Moreover, LGBT rights might return to the forefront as voters in as many as five states ā€” Minnesota, North Carolina, Maine, Washington and Maryland ā€” take up the issue of same-sex marriage at the ballot.

Carey said she doesn’t want LGBT people to think they’re “off the hook” in the 2012 election because these issues will be coming up soon.

“I have no doubt that as the marriage amendments around the country start heating up, even more than they are now, we might have a similar conversation a few months from now saying, ‘Wow, the dominant conservation in the presidential election has become the marriage amendments,'” Carey said.

The emphasis on women’s issues isn’t just occurring in the national presidential contest; it can be seen at the state level as well.

In Virginia, Gov. Bob McDonnell signed legislation requiring women to have ultrasound exams before electing to have an abortion. The initial bill called for a vaginally invasive form of the examination, but was changed following protests.

At the same time, anĀ anti-gay adoption bill that would allow private adoption agencies to discriminate in placements conflicting with their religious or moral beliefs, including on the basis of sexual orientation, is awaiting McDonnell’s signature.

In some instances, controversy over women’s rights issues has had a direct impact on LGBT issues.

On March 1, the Senate narrowly agreed by a vote of 51-48 to table a measure known as the “Blunt amendment.” Sponsored by Sen. Roy Blunt (R-Mo.), the measure was aimed at allowing not only religious groups but any employer with moral objections to opt out of contraception coverage for employees.

Retiring Sen. Olympia Snowe (R-Maine) was the only Republican to vote with Democrats to table the amendment. Other Republicans considered to be moderates ā€” such as Sens. Scott Brown (R-Mass.), Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska)ā€” voted with their caucus. Democrats joining Republicans were Sens. Bob Casey (D-Pa.), Joe Manchin (D-W.Va.) and Ben Nelson (D-Neb.).

But the amendment was seen as having an impact on LGBT people because its broad language could have also affected the health care services LGBT people receive. According to the Task Force,Ā the measure could have allowed an employer to deny a gay man treatment for HIV/AIDS, hormone therapy for a transgender person or in-vitro fertilization for a lesbian couple.

The same could be said for the Violence Against Women Act reauthorization, legislation before the Senate that wouldĀ extend and strengthen programs working to combat domestic violence. A vote on the bill, which was reported out by the Senate Judiciary Committee in February, is being held up by Republicans.

On March 15, a group of mostly women senators took to the Senate floor to decry Republican obstructionism, saying its passage is necessary to fundĀ programs to help women who are victims of violence or sexual assault. Sen. Barbara Mikuski (D-Md.) was among the lawmakers who spoke out.

“We’ve got to remember our communities and our families, and I think if you’re beaten and abused, you should be able to turn to your government to either be rescued and put you on the path, and also to have those very important programs early on to do prevention and intervention,” Mikulski said.

But the VAWA reauthorization also impacts the LGBT community because it has language extending protections to people in same-sex relationships who are victims of domestic Ā violence.

The bill would make grants available for programs providing services to LGBT victims of domestic violence. Additionally,Ā the bill contains non-discrimination language prohibiting VAWA grantees from discriminating against LGBT people.

These enumerated protections are among the reasons Republicans are blocking the bill from a Senate vote. During the committee markup of the bill, Sen. Charles Grassley (R-Iowa) voiced opposition toĀ language protecting undocumented immigrants and expanding powers of Indian tribes as well as provisions for LGBT people.

“I agree that shelters and other grant recipients should provide services equally to everyone, but advocates of this provision havenā€™t produced data that shelters have refused to provide services for these reasons,” Grassley said. “The provision is a solution in search of a problem.”

Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According to a 2010 reportĀ from the National Coalition of Anti-Violence Programs, 44.6 percent of LGBT domestic violence survivors were turned away by a shelter and 54.4 percent of LGBT survivors seeking an order of protection were denied help.

Sen. Dianne Feinstein (D-Calif.) articulated the need for LGBT provisions in VAWA reauthorization during her speech, saying opponents refuse to support the bill because of these expanded protections.

“In my view, these are improvements,” Feinstein said. “Domestic violence is domestic violence. I ask my friends on the other side, if the victim is in a same-sex relationship, is the violence any less real? Is the danger any less real because you happen to be gay or lesbian? I don’t think so.”

On Wednesday, House Minority Leader Nancy Pelosi (D-Calif.), Rep. Gwen Moore (D-Wis.) and other House Democrats were set to introduce their version of VAWA reauthorization. Like the Senate bill, the House Democrats’ version of the legislation was slated to have enumerated LGBT protections.

The Task Force’s Carey said the joint impact of these measures on women and LGBT people demonstrates the interconnectedness of the two communities.

“What we know, and I think society has learned over the past 40 years is that LGBT people are part and parcel of every other community in this country,” Carey said. “The Blunt amendment and the Violence Against Women Act are two specific examples of where our fates are tied.”

Progressive activists say the takeaway is thatĀ the LGBT community and women’s rights advocates should work together in the 2012 election as part of a broader coalition to protect their interests.

Hilary Rosen,Ā a lesbian D.C.-based Democratic activist, also said the new attention to women’s issues demonstrates the need for the progressive coalition to stand together in the election.

“I think it means there is a great alliance forming ā€” more important than in any recent election ā€” among women, LGBT, Latinos and others depending on continued social progress in this country,” Rosen said. “Romney has declared he is going to be the ‘Etch-a-Sketch’ candidate, which means he doubles down on oppositon to all of us.”

Carey emphasized the importance of all elements of the progressive community standing together with women.

“One, we have shared opponents and shared future, and two, we are women, too,” Carey said. “Two, speaking as a lesbian myself, it’s hard to discern if there’s an attack on women, I can’t just put away my lesbian self for the night.”

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, ā€œIt is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district courtā€™s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.ā€

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks itā€™s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ā€˜mutilationā€™ and ā€˜an abominationā€™ and have called the providers of this care ā€˜evil,ā€™” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.ā€ 

ā€œTransgender adults donā€™t need state officials looking over their shoulders, and families of transgender youth donā€™t need the government dictating how to raise their children,ā€ said Shannon Minter, legal director of NCLR. ā€œThe district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.ā€ 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, ā€œThe state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, ā€œThe defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 ā€œNot only does this dangerous law take away parentsā€™ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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State Department

LGBTQ rights abroad not discussed during Marco Rubio confirmation hearing

Senate expected to confirm Fla. Republican as next secretary of state

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

U.S. Sen. Marco Rubio (R-Fla.) on Wednesday did not speak about LGBTQ rights abroad during his confirmation hearing to become the next secretary of state.

The Florida Republican in his opening statement to the Senate Foreign Affairs Committee noted President-elect Donald Trump “returns to office with an unmistakable mandate from the voters.”

“They want a strong America, a strong America engaged in the world, but guided by a clear objective to promote peace abroad and security and prosperity here at home,” said Rubio.

“The direction he has given for the conduct of our foreign policy is clear,” he added. “Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?”

Trump nominated Rubio a week after Vice President Kamala Harris conceded she lost the presidential election.

Rubio in 2022Ā defendedĀ Florida’s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

LGBTQ rights a cornerstone of Biden-Harris administration’s foreign policy

President Joe Biden in February 2021Ā signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy. A few months later he named Jessica Stern, the former executive director of Outright International, a global advocacy group, as special U.S. envoy for the promotion of LGBTQ and intersex rights abroad.

Ned Price, who was the State Departmentā€™s first openly gay spokesperson, during a May 2021 interview with the Washington Blade noted the decriminalization of consensual same-sex sexual relations was one of the administrationā€™s priorities in its efforts to promote LGBTQ rights abroad.

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell, who has been tapped as special missions envoy, to lead an initiative that encouraged countries to decriminalize homosexuality. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Stern in 2022 noted the Biden-Harris administration also supported marriage equality efforts in countries where activists said they were possible through legislation or the judicial process.

Brittney Griner in December 2022 returned to the U.S. after Russia released her in exchange for a convicted arms dealer. The lesbian WNBA star had been serving a nine-year prison sentence in a penal colony after a court earlier that year convicted her on the importation of illegal drugs after Russian customs officials found vape canisters containing cannabis oil in her luggage at Moscowā€™s Sheremetyevo Airport.

The State Department in 2022 began to issue passports with an ā€œXā€ gender marker.

The Biden-Harris administration in response to the signing of Ugandaā€™s Anti-Homosexuality Act sanctioned officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free the U.S. Harris during a 2023 press conference with then-Ghanaian President Nana Akufo-Addo in Accra, the Ghanaian capital, spoke about LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank, in 2022 became the first openly lesbian woman ambassador. David Pressman, the outgoing U.S. ambassador to Hungary, and Scott Miller, the outgoing U.S. ambassador to Switzerland and Liechtenstein, are two of the other American ambassadors who Biden nominated that are gay.

Outgoing Secretary of State Antony Blinken in 2021 appointed former U.S. Ambassador to Malta Gina Abercrombie-Winstanley as the State Department’s first chief diversity and inclusion officer.

U.S. Sen. Jim Risch (R-Idaho), who chairs the Senate Foreign Affairs Committee, criticized the State Department’s DEI efforts during Rubio’s confirmation hearing.

“The Biden administration often undercut effective foreign policy by inserting ideological and political requirements into the fabric of personnel decisions and policy execution,” said Risch.

“Rather than making hires or promotions based on merit and effectiveness, the department created new diversity, equity, inclusion, and accessibility (DEIA) requirements that distracted from this mission, undermined morale, and created an unfair and opaque process for promotions and performance evaluations,” he added. “Fealty to progressive politics became the benchmark for success. As we look around the United States that view is diminishing very quickly amongst even large progressive cooperations.”

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