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Would President Romney undo pro-LGBT advances?

Array of regulatory changes could be in jeopardy under GOP administration

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Mitt Romney speaking before attendees at the 2012 Conservative Political Action Conference (Washington Blade photo by Michael Key)

Republican presidential candidate Mitt Romney (Blade file photo by Michael Key)

As President Obama and Mitt Romney articulate competing visions for the future in their presidential campaigns, most LGBT rights advocates agree the choice couldn’t be more stark given the advances the community has seen over the past three-and-a-half years and the anti-gay positions espoused by the Republican candidate.

On one hand, President Obama has endorsed marriage equality, capping off a first term of efforts at the legislative and regulatory levels aimed at benefitting the LGBT community. On the other, Romney signed a pledge with the anti-gay National Organization for Marriage to back a Federal Marriage Amendment and defend the Defense of Marriage Act in court. Last month, he backed off his earlier stated belief that adoption by same-sex couples is a right by saying he simply “acknowledges” the legality of such adoptions in many states.

Obama has made “forward” the theme for his 2012 campaign. The extent to which Romney has adopted anti-gay views and aligned himself with anti-gay groups raises a key question for LGBT voters: Under a Romney administration, how far “backward” could the LGBT community go?

Many of the pro-LGBT advances that have happened under the Obama administration occurred through changes made by the executive branch rather than through legislation. Changes that were made without the consent of Congress could be reversed under an administration that wanted to cozy up to the religious right.

The Washington Blade has identified five regulatory changes and 16 sub-regulatory changes enacted by the Obama administration that could be reversed if Romney were elected to the White House. These changes include giving greater recognition to same-sex couples, protecting federal LGBT workers against discrimination and ensuring the federal government recognizes the correct gender of transgender people.

Major changes that were made under the Obama administration at the regulatory level include a memorandum requiring all hospitals receiving Medicaid and Medicare funds to allow visitation rights for same-sex couples; lifting the HIV travel ban; and a Department of Housing & Urban Development rule prohibiting discrimination in federal public housing programs and federally insured mortgage loans.

Jerame Davis, executive director of the National Stonewall Democrats, predicted Romney would aim to roll back these policies if he takes the oath of office in January 2013.

“If Mitt Romney were to accede to the presidency, he would have no choice but to deliver on the regressive, ultra-conservative agenda he’s been promising the radical GOP machine,” Davis said. “It is without question that rolling back advances in LGBT equality would be at the top of the list.”

Romney has never pledged during the campaign to rescind any pro-LGBT regulatory changes made under the Obama administration. Although he said he doesn’t support same-sex marriage or civil unions with the same benefits as marriage, Romney said he favors some kind of domestic partner benefits for same-sex couples as well as hospital visitation rights. Rescinding this hospital visitation memorandum would appear to break a campaign promise.

Moreover, the Administrative Procedures Act — a law enacted by Congress in 1946 governing the way in which administrative agencies may propose and establish rules — prohibits a quick change in regulation if a hostile administration takes over. Instituting new final regulations repealing these policies would be a multi-year process and require a justification for overturning them other than for political reasons.

Christian Berle, deputy executive director of the Log Cabin Republicans, said he doubts that Romney would take away this progress based on the candidate’s tenure as Massachusetts governor and as a business executive.

“As governor of Massachusetts, Mitt Romney sustained executive orders providing for domestic partnership benefits including hospital visitation rights for gay and lesbian state employees,” Berle said. “This action directly builds upon his record in leading companies like Bain Capital and Staples, which had strong nondiscrimination policies and partner benefits. This history both as a chief executive in the business sector and as governor of Massachusetts give precedence for sustaining President Obama’s positions on matters including hospital visitation.”

But Romney did rescind some pro-LGBT changes as governor. According to MassEquality, Romney abolished the Governor’s Commission on GLBT Youth and rescinded an executive order prohibiting sexual orientation discrimination in the state workforce. Another Republican, former Gov. William Weld, had instituted those measures.

It’s the sub-regulatory initiatives where the most sweeping changes could be made. The time needed to change these would be shorter than the time needed to change more formal regulations, although it would vary from agency to agency and issue to issue. For many, an agency could rescind guidance issued by the Obama administration, issue a superseding directive or discontinue a certain program.

Among these sub-regulatory changes are revising standards to allow transgender people to change a gender marker on a passport; the Education Department’s guidance clarifying that student bullying may violate sex discrimination protections under federal law; the reinterpretation of the Family & Medical Leave Act to allow employees to care for their same-sex partner’s child; and the Census Bureau’s decision to release data on married same-sex couples along with other demographic information in the 2010 Census.

Davis said all the administrative changes — ranging from the regulatory to sub-regulatory level — would be in jeopardy if Romney wins the election.

“The bigoted wing of the GOP, which Romney has embraced with gusto, cannot stand the idea that same-sex relationships have been afforded near equal status in so many federal rules and regulations,” Davis said. “It grates against their very being that transgender Americans can get passports with the appropriate gender marker and there are more than a few who want to see the HIV travel ban put back into place.”

The Romney campaign didn’t respond to a request for comment on whether these changes would remain in place under a Romney administration. The Obama campaign and the Democratic National Committee declined to comment for this article.

Are there steps the Obama administration could take now to ensure the changes become more permanent?

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said the sub-regulatory changes could be, in a sense, upgraded to regulatory changes, but that process would be lengthy and cumbersome.

“Of course, advances made through regulations are more difficult to undo, but it is also more challenging to move new regulations through the process of review, public comment and approval,” Cole-Schwartz said. “Making LGBT inclusion part of the culture of federal government across departments and agencies is a big part of making these changes more difficult to roll back — and the administration has done a great deal to foster that inclusiveness.”

These changes don’t include the anti-gay promises that Romney has made. Romney has campaigned on resuming defense of DOMA, which would be a stark change from the Obama administration’s practice of filing legal briefs against the anti-gay law in court and sending Justice Department attorneys to litigate against the statute. Romney also pledged to set up a presidential commission on religious liberty to investigate the alleged harassment of opponents of same-sex marriage.

Cole-Schwartz said the array of ways in which a Romney administration could reverse the progress made on LGBT rights undescores the significance of the upcoming election.

“It further emphasizes the importance of re-electing a fair-minded president whose administration will continue to seek out ways to further LGBT equality,” Cole-Schwartz said.

Pro-LGBT policy changes under Obama

Regulations

The Administrative Procedures Act provides safeguards against politically motivated policy switches. Thus repealing the policies below would involve a multi-year process.

  • The Department of Health and Human Services (HHS) adopted a regulation ending the ban on HIV-positive visitors and immigrants.
  • President Obama issued Presidential Memorandum in April 2010 directing HHS to issue regulations requiring all hospitals receiving Medicaid and Medicare to prohibit discrimination in visitation against LGBT people. HHS issued a final regulation that went into effect in early 2011.
  • HUD issued final regulations in January 2012 prohibiting discrimination in federal public housing programs and federally insured mortgage loans.  HUD also requires its grantees to comply with LGBT-inclusive state and local housing discrimination protections.
  • The Office of Personnel Management published final regulations in the Federal Register expanding the eligibility for long-term care coverage to same-sex partners and sick leave to care for a same-sex partner.
  •  The federal Prison Rape Elimination Commission proposed national standards to reduce sexual abuse in correctional facilities, including standards regarding LGBT and intersex inmates. They were later instituted as a rule finalized by the Justice Department last month.

Sub-Regulatory Guidance/Policy Announcements

These are policy advances instituted by — and subject to the will of — the administration.

  • The Department of Health and Human Services revised its funding guidance around abstinence-only-until-marriage sex education programs, requiring that recipient programs are inclusive of and non-stigmatizing toward LGBT youth.
  • HHS, in partnership with the Department of Education and Department of Justice, launched stopbullyingnow.com.
  • The U.S. Immigration and Customs Enforcement agency recently released new 2011 Performance Based National Detention Standards.  These new standards provide guidance that aims to improve treatment of LGBT and HIV-positive people in detention facilities.
  • In summer 2011, ICE published a memo and clarifying guidance providing that an individual’s family relationships, including a same-sex relationship, would be considered as a factor in labeling certain deportations as low-priority deportations.
  • The U.S. Customs and Border Patrol announced a proposed regulatory change expanding the meaning of “members of a family residing in one household” for the purposes of the customs declaration form, which must be completed prior to re-entry to the United States.
  • The DOJ issued an opinion clarifying that the criminal provisions of the Violence Against Women Act related to stalking and abuse apply equally to same-sex partners.
  • The State Department revised the standards for changing a gender marker on a passport, making the process less burdensome for transgender people.
  • In September 2011, the Social Security Administration confirmed that it ended the practice of allowing gender to be matched in its Social Security Number Verification System (SSNVS). This resulted in the immediate cessation of SSA sending notifications that alert employers when the gender marker on an employee’s W-2 does not match Social Security records.
  • The State Department extended numerous benefits to the partners of Foreign Service officers, including diplomatic passports and access to emergency evacuation.
  • The State Department reversed a Bush administration policy that refused to use a same-sex marriage license as evidence of a name change for passports.
  • The Department of Education issued guidance clarifying when student bullying may violate federal law, distributed a memo outlining key components of strong state anti-bullying laws and policies and made clear to public schools that gay-straight alliances have a right to form and meet.
  • The Department of Education published guidance and, in coordination with the Department of Justice, has pursued Title IX complaints filed by LGBT students experiencing harassment based on sex or sex stereotyping.
  • OPM added gender identity to the equal employment opportunity policy governing all federal jobs.
  • The Department of Labor issued guidance clarifying that an employee can take time off under the Family and Medical Leave Act to care for a same-sex partner’s child.
  • The IRS clarified that domestic partners (and their children) can be designated beneficiaries for VEBA funding/payment purposes.
  • The Census Bureau overturned the Bush administration’s interpretation of the Defense of Marriage Act and agreed to release data on married same-sex couples along with other demographic information from the 2010 Census.

SOURCE: HRC

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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Federal Government

Bessent says Trump chose him for his qualifications, not his sexuality

Treasury Secretary Scott Bessent talked with Axios about his sexuality — and how it played no role in his nomination for the position.

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

Treasury Secretary Scott Bessent participated in an interview in which he said his sexuality had no impact on the president’s selection of him.

On Sunday, Axios co-founder Mike Allen interviewed Secretary Bessent, the 79th person to lead the Treasury Department, in the “Cash Room” in the Treasury building. The two talked for more than 40 minutes about issues related to the current administration’s efforts for Axios’s YouTube channel.

Bessent has been something of an anomaly during this administration, breaking what many consider the “gay glass ceiling.” He is the first openly gay person to lead the U.S. Treasury Department, the first openly gay Senate-confirmed Cabinet member in a Republican administration, and the highest-ranking LGBTQ government official in U.S. history.

The two covered various ground — about the state of the U.S. economy, the various AI approaches by the Trump administration, and the war in Iran. All things that have made President Trump’s constant appraisal of the U.S. economy difficult to sell to the American people as the affordability crisis has worsened.

Toward the end of the interview, Allen asked Bessent about deciding not to attend the U.S. Naval Academy, knowing his sexuality would be a hindrance, and instead attending Yale University. Allen asked if his choice to attend the Ivy League school held him back in life.

“I don’t think it did at all, and it’s very difficult to talk about the counterfactual… but I don’t think going to Yale held me back,” Bessent said. “Maybe some people at other schools would think it might. But I think it makes you aware, and I’ve openly spoken about it before, too. I think maybe some of my career choices were influenced by it.”

The U.S. Naval Academy only began allowing openly LGBTQ students to apply — and be open about their sexuality — following the 2011 repeal of “Don’t Ask, Don’t Tell.” Prior to the policy’s removal, students could be removed from the school for violating the rules, including rules related to their sexuality.

“You said President Trump chose me because he believes I’m the best candidate, not because of my sexual preference or your green eyes…,” Allen said.

“Exactly,” Bessent replied. “And I think that’s one of the reasons we have such a great team. The president makes his decisions all the time. You know, he’ll occasionally tell me, ‘You’re breaking my friends’ hearts.’ They see you on TV and they want an intro, and we have to break the news to them.”

Bessent has been married to former New York prosecutor John Freeman since 2011, and they have lived together in South Carolina. There, they had two children through surrogacy.

Despite being a member of the LGBTQ community, Bessent has publicly supported Trump’s policies, including some that have drawn criticism from LGBTQ advocates and organizations. These include reductions to PEPFAR funding, policies removing transgender service members from the military, recognizing only two sexes, removing LGBTQ protections from Title IX, and other policies that LGBTQ advocates argue come at the cost of LGBTQ safety and protections.

The Washington Blade has reached out to the Treasury Department and Secretary Bessent’s team for comment and responses to these questions, including questions about how he views his identity and sexuality in relation to — and potentially at odds with — the policies and mission of the current administration. The Blade did not receive a response by publication time.

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Georgia

In Ga., 2 trans candidates believe voters are ready for them

Bentley Hudgins, Bella Bautista running for state House of Representatives

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Bella Bautista (left) and Bentley Hudgins (right). (Photos by Nicole Craine)

Uncloseted Media published this story on Oct. 6.

This story was reported in partnership with The 19th, a nonprofit newsroom reporting on gender, politics and policy.

By ORION RUMMLER | Bentley Hudgins is a 33-year-old democratic socialist who spent the past three years advocating for LGBTQ rights in the Georgia statehouse.

Bella Bautista is 10 years younger, the first transgender woman to win a legislative primary in Georgia and head of a nonprofit distributing supplies to at-risk young adults.

Both are running for a spot in the Georgia House of Representatives, part of a cohort of Democrats who hope to shrink or end Republicans’ hold on the chamber. Both would make history as the first trans members of the body. Neither wants to discuss identity politics or pronouns — they want to talk about data centers, the price of groceries and healthcare.

But their districts are very different: Hudgins is running in a liberal stronghold in Atlanta with no serious Republican opposition and is all but certain to win in November. Bautista’s district is rural and deeply conservative; it hasn’t elected a Democratic state representative since 1996, and she’s the first to run for this seat since 2010. But Hudgins’s and Bautista’s bets are the same: Voters are looking for someone to fight for them. In Hudgins and Bautista’s view, something in the country is broken and no one else will fix it. So they stepped up.

“People around here just hate the government, and that’s why I’m running,” Bautista told Uncloseted Media and The 19th. “People have lost faith in the system as a whole.”

Hudgins’ mind is on the big picture: getting as many Democrats, especially progressives, in the statehouse as possible. Without that, they believe the future — especially for LGBTQ people and immigrants — isn’t certain.

“At the end of the day, we have to have the numbers,” Hudgins told Uncloseted Media and The 19th.

A deep red district in rural Ga.

In the hourlong drive from Atlanta to Cartersville, where Bautista grew up, suburbs fade away and the land expands into RV lots, farms, and houses on the edge of the woods. Bautista launched her campaign in this small town, at Noble & Main Coffee Co., across the street from a butcher shop that offers deer processing.

“It’s one of those hidden gems,” she says. “They’re friendly toward Democrats.”

It’s also not in the statehouse district she wants to represent. She’s running for office in the more rural side of the county, an area that’s about 80 percent white, mostly older and mostly conservative. And it’s been a challenge. Most people here vote Republican. Her opponent, the GOP incumbent Mitchell Scoggins, has not run against anyone since he first won a special election in 2018.

Lack of change is what spurred Bautista to run. And it’s not just Scoggins sailing unopposed to reelection every two years. Bartow County is one of a small handful of counties in Georgia with only one commissioner, who single-handedly decides the fate of everything from data center construction to new roads. The current commissioner has held the position for 14 years.

The issues facing her hometown can’t be left to one man, Bautista says. She wants to pass legislation for locals to vote on a board of commissioners, regulate Flock cameras, shield locals from data center pollution, conserve farmland and expand rural mental healthcare. She thinks these stances will appeal to voters who may otherwise vote Republican. But it’s still an uphill battle — and a lonely one.

“This is not a story about pride. It’s not a story about visibility,” she says. “It’s a story about challenges, difficulty. I don’t want to be the fucking first to do it, but I have no choice but to be the first.”

But Bautista says she’s struggling. This campaign has cost her privacy and peace, which doesn’t impact just her: She lives in her family home as the primary caretaker for her mom.

In May, during the primaries, someone came to her house twice, she says: once to put up a sign supporting President Donald Trump next to her own campaign sign in the front yard, and later to take down her sign.

“I literally live in the middle of nowhere,” she says. “That sent chills down my back, because I’m like, OK, that means someone physically went to my home, got out of their car, went up the hill, put up a Trump sign.”

Her neighbors, who she’s known her whole life and are Trump voters, assured her that they weren’t involved. But that fear hasn’t left her. Since then, more signs have gone missing: A few weeks after we met, hundreds of her campaign signs were taken down across the district. Those cost money to replace — money the campaign doesn’t have.

As a trans Latina, she belongs in Bartow County just as much as anyone else, she says. This is the only home she’s known. But campaigning in this district feels like being thrown into the ocean, she says. Online, people mock her and misgender her. It hurts. Often, they’re the same people she’s fighting for.

At one point during an interview at Noble & Main Coffee Co., Bautista started crying. Keeping her head above water means she doesn’t often take time to think about why she’s doing this.

“You’re just having to swim, swim, swim, swim and you never get any chance to look back and think, oh my gosh, why am I doing this, what does this mean to other people?”

Dramatically different districts

Hudgins launched their campaign at Joe’s Coffeehouse in East Atlanta Village, roughly 50 miles from Bautista’s district. This place, a local indie fixture, holds personal history for them: When they became homeless in 2017, it became a refuge as they couchsurfed and lived in their car. It took a year to find stable housing.

This neighborhood is where they got back on their feet after being kicked out of their apartment, something they know is common for queer people in the U.S., as well as in their own circles.

“Most of the queer electeds that I’m really close with are people who have experienced homelessness,” they say. “It just goes to show how prevalent this is for queer Southerners.”

And, years later, this same neighborhood is where they fell back in love with politics.

Being here makes Hudgins think about how the city is changing as people get priced out. Gay bars are closing and, as a former drag performer, they know of only three places still putting on shows. It’s all getting too expensive. Midtown isn’t the bustling queer neighborhood it used to be, they say, but the queers are still here: They’re just moving further into DeKalb County, East Point and southeast Atlanta, all in search of affordability.

That’s part of the problem. Hudgins sees solutions, though: raising the state minimum wage to $20 an hour or creating a state earned income tax credit to give money to lower-income families. Previous Democrat-sponsored bills to enact those policies have been blocked in the statehouse, and it’s those stalemates that are driving voters to push for something different, Hudgins says. Decades of Republican control have left people disillusioned.

“People’s political will and spirit has kind of been chipped away at,” they say. “Life can be better.”

The first time Hudgins ran for this seat in 2022, they were 28 and single, and the pandemic was still fresh. The previous year, Atlanta spa shootings targeting Asian women had taken place, and “Cop City,” the massive training ground for local police in DeKalb County, was formally proposed amid national protests against police brutality. Joe Biden was president, and from where Hudgins sat, the Democratic establishment was clamping down on progressive dissent.

They were angry — but that anger didn’t resonate with voters, they say.

“It was such a more agitated time in a lot of different ways, and this strong leftist point of view wasn’t as appreciated,” they say. “At that time, I was also angry. I was mad. And I think it came through.”

Their opener in their 2022 race was, “To be frank, I’m tired of my friends dying,” they say. They had lost friends to police violence, addiction, hunger and mental illness. One of their friends was left permanently disabled from a hate crime, they say. Hudgins had begun to get severe cluster headaches and was managing that while running their first campaign.

After losing that race, they reassessed if they wanted to do politics at all. They were broken-hearted, they say. A friend helped them get a job at a Laotian pop-up restaurant in East Atlanta Village, only a short walk from Joe’s Coffeehouse. But what they thought would be an escape from politics became a reeducation in why it mattered, they say. Surrounded by other Asian Americans, they learned about U.S. bombing campaigns in Laos and connected with their new friends’ working-class struggles.

“I really got to understand more about how my Southeast Asian neighbors and friends have experienced American identity,” they say.

If elected, Hudgins would be Georgia’s first Japanese American lawmaker. To them, it feels like that usually gets left out of their story as people instead focus on their gender identity.

They weren’t planning on running for office this year. Their wedding is in November. Until recently, they were lobbying against anti-LGBTQ bills as Georgia state director for Human Rights Campaign, a major LGBTQ advocacy group. But Saira Draper, who beat Hudgins in 2022 to represent House District 90, is running for the state Senate. That left the House seat open. And it left the door open for Hudgins to run again.

When three other Democrat contenders dropped out in the primary, Hudgins became the front-runner. Their opponent, Samantha Boston, received only about 500 votes in the Republican primary. Hudgins got over 7,000 in the Democratic contest.

Fearless advocates

On a muggy September night, Hudgins and Bautista were in full glam at the College Park Woman’s Club in Atlanta, gathered alongside activists, volunteers and political candidates at a fundraising gala for LGBTQ youth.

At her table, Bautista prepared to present a “fearless youth advocate” award to state Rep. Akbar Ali, sworn in last year at 21 as the youngest lawmaker in Georgia. Bautista won this same award last year for the work she does at her nonprofit, which primarily supports transgender and immigrant young adults. Seated with Ali and friends running for office in Bartow County, she read over her notes.

Democrats in the room buzzed with the possibility of reshaping the statehouse, and with nerves that Republicans’ now abandoned redistricting effort will resurface.

On stage, Bautista looked to a different future — one where trans visibility in politics is not a rarity in Georgia.

“To all my transsexual girls in the building, just know that I’m fighting for you, and that in two years it’s going to be one of y’all,” she said. “It’s going to be one of y’all running for governor. It’s going to be one of y’all running for state senator. It’s going to be one of y’all running for commissioner.”

But she knows that history recognizes the victors, people who make it past the finish line, regardless of how much work they put into the race.

“I stand before you in the middle of history, not on the other side of it,” she said on stage. “I keep going not because the water is calm, but because someone on the other side is waiting for proof that a person like them survived it.”

Hudgins watched from the front of the room. They sat next to Sam Park, the Georgia House minority whip, a longtime mentor.

“I’m incredibly proud of Bella’s leadership and her courage for stepping up,” Park told Uncloseted Media and The 19th in an interview a few days later. “Bella is giving her voters, her fellow neighbors, an option, a real choice to say enough is enough.”

Rural Democrats are craving someone willing to fight for them, says Courtney Bruder, chair of the Democratic committee of Cherokee County, where Bautista’s district also touches. But complacency has gotten in the way, she says.

“It’s been difficult to try to get someone to be willing to fight for a seat that’s going to be hard,” she told Uncloseted Media and The 19th. “It’s been a slow change to get Democrats in this area to run.”

Bautista hasn’t felt supported by the Georgia Democrats, she says. She has allies in the statehouse and in others running for office, but she still feels like the subliminal message from the party is that she just isn’t electable. She feels like she isn’t taken seriously because she’s not white, doesn’t have wealthy donors and isn’t running in a safe district for Democrats.

Democrats in leadership say she’s changed the game, though, and see her candidacy as a sign of a changing tide in Georgia.

A blue wave may be brewing in the Peach State. Georgia saw record-breaking engagement in the primaries, and an NBC analysis found that Democrats turned out in unusually high numbers across the state. But in Bartow County, where Bautista lives, Democrats make up just one-third of the vote in the gubernatorial primary, according to data from the Georgia Secretary of State’s elections office.

Bautista is positioning herself as an anti-establishment candidate first, and a Democrat second, to appeal to people who aren’t engaged in politics, she says.

It may not be enough to win. But for the past 16 years in this district, no one was willing to step into the ring at all. She still sees victory in that, and in the ways her campaign has gotten neighbors to care about what’s happening in their backyard.

‘I’m going to be who I am’

If elected, Hudgins would become the state’s first nonbinary lawmaker. But they don’t care if voters understand their gender or use the correct pronouns; they just want voters to understand the issues.

“I realized if I led with my identity, it would distract people from understanding what I had to say,” Hudgins says.

One moment in particular on the campaign trail, at Israel Missionary Baptist Church in April, changed their perspective on this.

“The deacon lays his hands on me. He’s like, ‘God, help her, help this person, help him, just help them be victorious.’ I wanted to laugh, but then I was really touched. This guy I’ve never met before … was just trying to be respectful,” they say.

If they win, a whole new set of challenges awaits them at the Georgia statehouse. The dress code is gendered; men must wear a coat and tie, while women are allowed a more nebulous “dignified dress.” But it’s not just the clothes; they would be joining an institution built around a gender binary they don’t adhere to.

Lawmakers are used to referring to each other as “Mr.,” “Mrs.” or “Miss,” per the rules. Although there are more formal options that could allow for a loophole, those are gendered too — members may identify each other by the district “he or she” represents or by the city of “his or her” residence. The bathroom is its own ordeal: if there is a gender-neutral bathroom, Hudgins has yet to find it. As a gender nonconforming person, if Hudgins takes office, they would be walking into a system designed to exclude them. And there are fines associated with breaking these rules.

They are still weighing how to respond to it. They want to be taken seriously as a legislator and build relationships that move bills, but if they don’t stand up for themselves, it sends a poor message, they say.

“I have a pesky knack for maintaining who I am regardless of what the rules say,” they say with a laugh. “If we have a Democratic majority, we can change the rules. If there is a Republican majority, I’m going to be who I am and I’m going to dress how I think is appropriate. And their problems, we’ll address them as well.”

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