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BREAKING: Obama endorses SNDA, SSIA anti-bullying bills

Support comes as White House hosts screening of movie “Bully”

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President Barack Obama (Blade file photo by Michael Key)

President Obama has thrown the full weight of his administration behind a pair of bills that would help protect LGBT students against bullying: the Student Non-Discrimination Act and the Safe Schools Improvement Act.

Shin Inouye, a White House spokesperson, confirmed for the Washington Blade on Friday that Obama supports both pieces legislation — bringing him into alignment with a position that many LGBT organizations had sought for some time.

“The president and his administration have taken many steps to address the issue of bullying,” Inouye said. “He is proud to support the Student Non-Discrimination Act, introduced by Senator Franken and Congressman Polis, and the Safe Schools Improvement Act, introduced by Senator Casey and Congresswoman Linda Sanchez. These bills will help ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment.”

Both pieces of legislation address bullying in different ways. SNDA would prohibit and harassment in public elementary and secondary schools based on a student’s actual or perceived LGBT status. SSIA would require schools to adopt anti-bullying codes of conduct and submit to states data to the Department of Education on bullying.

Education Secretary Arne Duncan echoed the sentiments expressed by the White House on the legislation in a statement delivered later in the day.

“Bullying can no longer be seen as a normal rite of passage,” Duncan said. “As a country, we must all work together to take action against bullying and improve the safety climates of our schools and communities. That’s why I support the Student Non-Discrimination Act and the Safe Schools Improvement Act. I would like to thank Sen. Al Franken, Sen. Bob Casey, Rep. Jared Polis and Rep. Linda Sanchez for introducing these bills and for their commitment to putting an end to bullying, discrimination and harassment in our nation’s schools. I also want to thank Rep. Danny Davis for his leadership on this issue to help keep every student safe and learning.”

Obama endorses the legislation as his administration has taken flak from the LGBT community for saying it won’t issue at this time an executive order requiring federal contractors to have non-discrimination policies based on sexual orientation and gender identity.

On the same day the endorsement was announced, the White House was set to host a screening of “Bully,” a 2011 documentary about school bullying that follows the lives of five students who were bullied on a daily basis.

The screening takes place on the “National Day of Silence” on which students take a day-long vow of silence representative of the silencing of LGBT students and their supporters.

On the movie, Inouye said, “Today, the White House Office of Public Engagement is holding a screening of the documentary ‘Bully’ at the White House with bullying prevention advocates from a wide range of communities.”

LGBT groups commended the Obama for expressing explicit support for legislation aimed to help students who face bullying.

Eliza Byard, executive director of the Gay & Lesbian Straight Education Network, called the announcement “a vital show of support” to students across the country “of all identities, backgrounds and beliefs who face bullying and harassment in school.”

“By speaking out on GLSEN’s Day of Silence in support of these two critical bills, the president has given greater hope to students who often feel that they have nowhere to turn,” Byard said. “It is deeply moving to know that lesbian, gay, bisexual and transgender students who face the multiple threats of harassment, violence and discrimination have the president as an ally in their efforts to win all of the protections that they deserve.”

Ian Thompson, the ACLU’s legislative representative, said White House support for SNDA is s “key to getting this necessary legislation passed into law.”

“Our public schools should be a safe harbor for our youth, not a place of exclusion and ridicule,” Thompson said. “By passing the Student Non-Discrimination Act, Congress can have a profound and very real impact in improving the lives of LGBT students. It’s time to make passage of this bill a priority.”

Hayley Gorenberg, deputy legal director of Lambda Legal, said the president’s support represents “a big step toward a safer and healthier environment in every public school.”

“At Lambda Legal, we’ve encountered extraordinary cases of violence and discrimination against LGBT young people in schools – and sometimes against the allies who try to support them,” Gorenberg said. “Gay, lesbian, bisexual and transgender students have long been at a significant disadvantage without specific protection under federal law. All students have a right to a safe learning environment, and this law will leave no doubt as to public schools’ responsibility to provide it.”

The endorsement comes as possible Senate votes on the anti-bullying bills could take place later this year. Education reform legislation known as Elementary & Secondary Education Act reauthorization was reported out of committee without the LGBT-specific anti-bullying provisions. Sens. Al Franken (D-Minn.) and Bob Casey (D-Pa.) have pledged to bring up their bills as amendments when the larger education reform bill reaches the floor.

Praise for Obama came from Franken, who said support from the president would help advance SNDA.

“There’s a lot of talk right now about the need for a law to protect our children from anti-gay bullying and discrimination,” Franken said. “My Student Non-Discrimination Act would protect LGBT children from bullying in the same way that children are already protected from bullying because of their race, gender, disability, and religion. With today’s endorsement from the White House and 37 cosponsors in the Senate, we’re that much closer to getting a law in place that will protect our children.”

Polis, who’s gay, expressed similar gratitude for the president’s support for the House version of the legislation, saying the bill “will help ensure that LBGT students can attend school free of harassment, discrimination and violence.”

“This endorsement is an enormous step forward for equality, but on a human level it is about the right of any student in America to attend school and learn without the fear of being bullied,” Polis said. “I intend to work with President Obama and Senator Franken, who introduced the companion bill, to see that the Student Non-Discrimination Act becomes the law of the land.”

Groups had been calling on Obama to endorse anti-bullying legislation. In a letter dated March 7, a group of 70 organizations — including the Human Rights Campaign, the ACLU, Lambda Legal and the Gay, Lesbian & Straight Education Network — to place the full support of his administration behind SNDA

Administration officials, such as Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, have previously said the administration supports “the goals” of SNDA, but have stopped short of endorsing the bill.

Earlier in the day, Duncan ducked a question on whether the Obama administration was prepared to endorse SNDA.

Under questioning from the Washington Blade during a White House news conference, Duncan declined to say whether the administration was ready to endorse SNDA, but touted the administration’s work on the issue and called for solidarity in confronting student harassment.

“We have to continue to do everything we can to make sure that there is zero tolerance for this,” Duncan said. “I met with one of the young women in the movie this morning with her father. It was very personal for me and for the president because we all have children going to school now.”

Duncan said an “unprecedented level” of work has taken place under the Obama administration on bullying, citing the first-ever White House summit against bullying in March 2011 and what he said was the passage of state anti-bullying laws throughout the country.

“I’ll tell you, some of my toughest meetings have been with parents who have lost their children or committed suicide due to the impact,” Duncan said. “So, we all have to continue to work together.”

Pressed to clarify on whether the Obama administration was prepared to endorse legislation, Duncan didn’t answer and took a question from another reporter.

A transcript of the exchange between Duncan and the Blade follows:

Washington Blade: Mr. Secretary, this afternoon, the White House is going to be screening a viewing of the movie “Bully.” One piece of legislation that would protect LGBT students against bullying is called the Student Non-Discrimination Act, which would prohibit harassment and discrimination against LGBT students in school. Is the administration prepared to endorse that legislation at this time?

Arne Duncan: Well, we have to continue to do everything we can to make sure that there is zero tolerance for this. I met with one of the young women in the movie this morning with her father. It was very personal for me and for the president because we all have children going to school now.

When we have children going to school scared, it’s hard to concentrate on biology and algebra. So, as a country, we have already seen an unprecedented level of support from our administration: the first-ever anti-bullying summit here in the White House. The president talked about his own experiences there.

We’ve seen many states toughen laws to try and protect students from bullying. Until our children are safe and secure at recess, in the morning, after school. It’s not just physical bullying; it’s cyber-bullying, as you know.

I’ll tell you, some of my toughest meetings have been with parents who have lost their children or committed suicide due to the impact. So, we all have to continue to work together.

I think this movie is very hard hitting. It tells the truth. We hope it’ll create a greater awareness around the country. This cannot be a normal rite of passage. We can’t accept it.

Blade: What about the legislation? Are you endorsing the legislation?

NOTE: This post has been updated.

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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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