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House panel rejects LGBT protections in domestic violence bill

Measures offered by Polis, Nadler, Quigley voted down

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Rep. Jared Polis (D-Colo.) (Blade file photo by Michael Key)

A Republican-controlled House panel beat back measures on Tuesday that would have made LGBT protections part of legislation aiming to extend federal authorization for domestic violence programs.

The House Judiciary Committee voted down several measures that would have made the House version of the Violence Against Women Act reauthorization LGBT-inclusive.

One amendment that was offered by Rep. Jared Polis (D-Colo.) — voted down on a 14-18 vote — would have prohibited domestic violence programs receiving funds under VAWA from discriminating against someone based on actual or perceived sexual orientation or gender identity.

“The Violence Against Women Act needs to be an inclusive bill that covers all of today’s families, whether those families are composed of a man and a woman, or two women or two men, and that’s why I’m offering this amendment,” said Polis, who’s gay.

Polis continued, “It doesn’t say anything about a particular lifestyle that members of the committee may not agree personally agree with. It simply says the law needs to be applied equally.”

Prior to the vote on the amendment, anti-gay Rep. Steve King (R-Iowa) voiced opposition, saying other characteristics such as race and sex are immutable, but sexual orientation and gender identity are “self-professed” identifications.

“I also make the point that this is supposed to be the Violence Against Women Act,” King said. “Even though that is the case and that needs to be the subject of this discussion; we still are bringing up the subject of sexual orientation and gender identity when people no matter what their sexual orientation or gender identity are covered under this bill.”

King called for more data that LGBT non-discrimination protections are needed for domestic violence programs and said other vehicles would be more appropriate for dealing with this bias other than the Violence Against Women Act.

But Rep. Sheila Jackson-Lee (D-Texas) responded by saying the committee shouldn’t be “in the business of limiting” protections that would be afforded under the legislation.

Another amendment came from Rep. Jerrold Nadler (D-N.Y.) that would have explicitly included the LGBT community in VAWA’s “STOP Grant Program.” It was voted down along party lines by a 12-15 vote.

“With this addition, STOP grant recipients would be able to offer programs to target members of the LGBT community who are not otherwise being served,” Nadler said. “This would not be a requirement of any STOP grant recipient, but would allow entities to use STOP grants for this purpose if they so choose.”

The “STOP Grant Program” is the largest program funded under the law and provides funding to care providers who collaborate with prosecution and law enforcement officials to address domestic violence.

Yet another amendment from Rep. Mike Quigley (D-Ill.) would have explicitly included sexual orientation and gender identity as part of the underserved groups protected under VAWA. Like the others, the measure was voted down on a party-line basis, 13-16.

In his remarks introducing the amendment, Quigley criticized the House version of VAWA reauthorization for not going far enough to protect LGBT victims of domestic violence as well as other groups.

“Domestic violence affects people from all walks of life, whether they are gay, straight, immigrants or tribal members,” Quigley said. “Everyone deserves to be protected. Sadly the bill being considered by the committee today fails to meet the mark.”

Chairman Lamar Smith (R-Texas) voiced opposition in particular to the Quigley amendment, saying “there is little data” to support the need for “special protected status” for LGBT people.

“There’s nothing under current federal law to prevent LGBT victims of domestic violence from receiving federal resources and services,” Smith said.

The House version of VAWA aims to extend programs authorized under the existing law — first enacted in 1994 — to assist victims and survivors of domestic violence, dating violence, sexual assault and stalking. But civil rights groups have criticized the House version of the bill for not going far enough and failing to provide explicit protections for minorities, including LGBT people.

Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According to a 2010 report 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.

Ian Thompson, legislative representative for the American Civil Liberties Union, criticized Republicans for refusing to adopt the Polis amendment.

“LGBT victims of domestic violence often face significant discriminatory barriers when attempting to access services,” Thompson said. “The Polis amendment would have addressed this problem of LGBT exclusion by adding sexual orientation and gender identity to VAWA’s nondiscrimination provision. This is a matter of basic fairness and commonsense. It is unfortunate that a majority of the House Judiciary Committee disagreed.”

Harsh words also came from Joe Solmonese, president of the Human Rights Campaign.

“The Republican members of the House Judiciary Committee have failed victims of domestic violence,” Solmonese said. “Republicans on the committee ignored key priorities identified by nearly 2,000 service providers and victim advocates by moving forward with a bill that disregards many victims, including LGBT victims.”

After rejecting the pro-LGBT measures, the committee voted to report out the legislation by a vote of 17-15 — again on largely a party-line basis with Republicans voting to move their bill.

The language of House Democrats’ amendments are found in the Senate version of the bill, which was passed by that chamber April 26 on bipartisan vote of 68-31 along with LGBT-inclusive language. Because the Senate version of the legislation has LGBT language that isn’t found in the House version of the bill, the two chambers will have to come an agreement on the LGBT provisions in conference committee before the House and Senate vote on a final version of the bill.

Despite the failure of the committee to adopt the pro-LGBT amendments, Thompson expressed optimism that the LGBT language would survive the conference committee and the final round of voting based on the bipartisan support with which the Senate version of the bill passed.

“The reality is that the Senate’s version of VAWA reauthorization addresses a range of important civil liberties issues, including coverage for the LGBT community, and passed out of that chamber with the support of 68 senators, including significant Republican support,” Thompson said. “I believe there is majority support in Congress for a VAWA reauthorization that would ensure that domestic violence protections extend to all who suffer its harms.”

Other members on the House panel spoke out against the lack of LGBT protections in the House version of the bill, including Rep. John Conyers (D-Mich.), ranking Democrat on the panel, as well as Reps. Bobby Scott (D-Va.) and Sheila Jackson-Lee (D-Texas).

But the House Democrats’ measure weren’t the only pro-LGBT initiatives that Republicans rejected. Rep. John Conyers (D-Mich.), ranking Democrat on the committee, offered a substitute bill that was modeled on a version of VAWA introduced by Rep. Gwen Moore (D-Wis.) and other House Democrats. That legislation has the same LGBT protections found in the Senate version of the bill.

Chairman Lamar Smith (R-Texas) refused to allow Conyers’ substitute to come up after Rep. Jim Sensenbrenner (R-Wis.) objected to it on the basis that it was non-germane. In the House, amendments must be germane to the legislation at hand for them to come up for a vote.

The committee rejected the pro-LGBT initiatives after HRC and the ACLU wrote letters objecting to the lack of LGBT protections in the House version of the legislation.

In a letter dated May 7, Laura Murphy, director of the ACLU’s Washington Legislative Office, and Vania Leveille, senior legislative counsel, talked about the importance of the LGBT protections found in the Senate bill in addition to expressing other concerns.

“H.R. 4970 does nothing to address the unacceptable discrimination that LGBT people often face when attempting to access services for those who experience intimate-partner violence, and nothing to change the fact that the LGBT community is undeserved in this area,” Murphy and Leveille write.

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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