National
Fresno activists wage lonely battle to oust congressman
California’s newly drawn 22nd District ‘safe’ for anti-gay GOP incumbent
Rep. Devin Nunes (R-Calif.) received a ‘0’ rating on HRC’s Congressional Scorecard. (public domain photo)
Editor’s note: This is the second in an occasional series profiling congressional districts in which the incumbent is not supportive of LGBT rights. The articles seek to assess the chances of electing a supportive candidate to help advance pro-LGBT bills that have been stalled in Congress. Visit washingtonblade.com for the first installment on Maryland’s 6th District.
U.S. Rep. Devin Nunes (R-Calif.) is one of 14 members of the U.S. House of Representatives from California who received a “0” rating on LGBT issues from the Human Rights Campaign’s 2010 Congressional Scorecard, which has a rating scale of 0 to 100.
Nunes and most of the other U.S. House members with a 0 rating in the state — all Republicans — represent districts inside or bordering on California’s Central Valley, a vast rural and agricultural region in the interior and eastern part of the state.
The region has traditionally elected conservative Republicans to Congress and to the California Legislature.
“The rabid homophobes come from rabid, red homophobic districts,” said Mark Leno, a gay State Senator from San Francisco and longtime LGBT rights advocate. “They’re going to get re-elected. So to waste time, energy and resources in those districts is just that, a waste,” Leno told the Blade.
“You have to look at party registration where it’s most possible for a Democrat to win, and that’s what the Democrats are doing,” he said.
The newly redrawn district includes precincts that voted overwhelmingly for Sen. John McCain in 2008, leading many observers to label the seat “safe” for Nunes.
But gay activist Jason Scott, a resident of Clovis, Calif., a small city that borders on the much larger City of Fresno, said he’s troubled that the national Democratic Party and national LGBT organizations appear to have written off the 22nd Congressional District and other Central Valley districts.
Scott is one of the organizers of Gay Fresno, an online LGBT news and resource service that covers Fresno and nearby cities and towns in the Central Valley region. Although he agrees that Nunes is likely to win re-election this year, Scott told the Blade residents of Nunes’ 22nd District have changed their views on LGBT issues in recent years.
“I don’t feel like the people he represents have the identical mindset that he does on gay rights,” Scott said.
Lesbian activist Robin McGehee, a Fresno resident who teaches communications at the College of the Sequoias in nearby Visalia, expressed a similar view. McGehee is co-founder of the national LGBT direct action group GetEqual and one of the lead organizers of the 2009 National March on Washington for LGBT Equality.
“It would be great if more of our state-based organizations and even national organizations were putting boots on the ground and resources in these congressional districts,” she said. “I think we can swing the vote because Nunes is really not liked as well as what would be expected in a farming community like this.”
McGehee added, “There are lots of liberal Democrats that are here. Nunes is the one who’s gotten all the resources. That’s the reason he’s been in that seat as long as he has.”
Nunes has voted against the repeal of “Don’t Ask, Don’t Tell,” the law that prohibited gays from serving openly in the U.S. military. According to the HRC Congressional Scorecard, Nunes has declined to back all of the LGBT supportive bills pending in Congress, including the Employment Non-Discrimination Act, or ENDA, which calls for banning private sector employment discrimination based on a person’s sexual orientation and gender identity.
He also opposes legal recognition of same-sex marriage and has declined to support or co-sponsor legislation to repeal the anti-gay Defense of Marriage Act, or DOMA.
Jack Langer, director of communications for Nunes’ congressional office in Washington, said he would make inquires to determine if Nunes has changed his position on LGBT issues since the release of the HRC Scorecard in October 2010. Langer didn’t get back with a response by Wednesday afternoon.
HRC is scheduled to release an updated version of its Congressional Scorecard in October. People familiar with Nunes’ voting record and positions have said he doesn’t appear to have changed his views on LGBT issues.
Scott of Gay Fresno said he wrote a letter to Nunes’ office urging him to take a more supportive posture on LGBT-related issues. He said the response he received was a terse refusal to back any of the bills or positions he inquired about.
“I was surprised that the response I received went further than the Republican talking points you would expect from a member of Congress,” Scott said. “It looked like it came from one of the anti-gay groups.”
Scott said he knows of no local LGBT political advocacy groups in Nunes’ district or in any locations within the Central Valley. While the statewide group Equality California gets involved in some issues in the region, for the most part LGBT people in the region have been left to fend for themselves, Scott said.
He and McGehee said an effective advocacy campaign for LGBT equality, especially through TV ads, could have resulted in far more votes in the Central Valley against Proposition 8, the 2008 ballot measure approved by California voters that bans same-sex marriage in the state constitution. McGehee said the No on 8 campaign had little or no presence in the Central Valley other than to provide campaign signs.
“I think voter education is an important part of this,” Scott said, adding that a concerted effort by national and state advocacy groups to promote LGBT rights in the region would significantly boost the chances for electing pro-LGBT candidates to Congress and state offices in the Central Valley region.
Leno, the gay state senator, points to a plan developed by House Minority Leader Nancy Pelosi (D-Calif.) and the Democratic Congressional Campaign Committee that strategically targets eight congressional districts in California that are held by Republicans or are vacant due to redistricting.
The plan, dubbed “Red to Blue 2012,”calls for sending money and logistical support to the Democratic candidates running in those districts from the National Democratic Party and Democratic contributors from across the country.
One of the targeted races is in the newly created 41st District in the Los Angeles area, where gay Democrat Mark Takano is said to have a good chance of winning in an area with a solid Democratic majority. Takano is receiving logistical and financial support under the Red to Blue campaign.
Another district targeted is the redrawn 36th in the Palm Springs area, which is held by Republican Mary Bono Mack. The Log Cabin Republicans endorsed Bono Mack in 2010 but have yet to do so this year, according to an endorsement list on the group’s website.
Bono Mack received a rating of 53 on the HRC Scorecard in 2010, the highest rating of any Republican in the state.
The newly drawn 22nd Congressional District where Devin Nunes is running for re-election to his sixth term in office is not one of the districts targeted in the Red to Blue 2012 campaign. The Red to Blue 2012 campaign is targeting just three of the 14 California districts where the GOP incumbent had a 0 HRC Scorecard rating. The three targeted districts are not in the Central Valley region.
Nunes is being challenged by Democrat Otto Lee, a Chinese-American businessman and U.S. Navy veteran who served in the first Gulf War and later, as a commander in the Navy Reserves, was recalled to active duty during the Iraq war.
Lee is a former city council member and former mayor of Sunnyvale, Calif., in the state’s Silicon Valley area, which is located more than 100 miles away from the 22nd Congressional District. The fact that he and his family moved to the district earlier this year has prompted Nunes supporters to call him a carpetbagger.
Brandon Fisk, an official with the Fresno County Democratic Party Central Committee, said voters would likely view Lee’s experience as an accomplished businessman, Navy Reserves commander, and “public servant” in Sunnyvale as an asset that will help him better serve as a congressman in the Fresno area.
“Nobody called him a carpetbagger when he served in Iraq,” Fisk said.
Scott and McGehee said that although Lee has not mentioned LGBT issues in his campaign speeches he has made it known in the district that he would be supportive on LGBT issues in Congress. Scott said the Lee campaign reserved space to set up a booth at an LGBT Pride festival scheduled for Saturday in Visalia.
Although Congress in the past three-and-a-half years has passed legislation to repeal “Don’t Ask, Don’t Tell and to approve a hate crimes law that allows the federal government to prosecute hate crimes against LGBT people, all other LGBT supportive bills have remained stalled in committee.
Some LGBT advocates have said they are especially troubled over the inability of the Democrats to arrange for the passage of ENDA when they controlled both the House and Senate in 2009 and 2010. Then House Speaker Nancy Pelosi and gay Rep. Barney Frank (D-Mass.) have said Democratic supporters, who far outnumbered Republicans committed to backing ENDA, had the votes to pass the bill itself but not to defeat one or more hostile amendments expected to be introduced by opponents of the bill.
Frank said a head count taken by House Democratic leaders found that supporters would fall short by a dozen or more votes in an effort to defeat an amendment calling for banning transgender people from certain jobs such as schoolteachers.
It was due to that uncertainty that Pelosi and other House Democratic leaders chose not to bring up ENDA for a vote at the time, according to Pelosi spokesperson Drew Hammill.
Most political observers say ENDA and most other LGBT bills would have little or no chance of passing in the next two years if Republicans retain control of the House. Pelosi and the Democratic Congressional Campaign Committee’s leaders say they are hopeful that Democrats will win the 25 House seats they need to regain control of the House in the November election.
McGehee and other LGBT advocates, however, say if Democrats win a majority in the House, nearly all of the new members making up their majority will likely be from swing districts with many conservative, Republican leaning voters. Unless advocacy groups and the Democrats do the outreach work needed to change the hearts and minds of voters on LGBT issues in places like California’s Central Valley, Democrats may not be able to garner the votes needed to pass ENDA and other gay bills, the advocates say.
“Could we do more about this?” asked gay California Assemblyman and former San Francisco Supervisor Tom Ammiano. “Absolutely,” he said.
Ammiano said he was hopeful that the growing number of LGBT supportive members of the state legislature and in county and municipal offices throughout the state would serve as a “farm team” for future LGBT friendly members of Congress.
LGBT advocates note that while California has the distinction of having 14 congressional districts with anti-LGBT incumbents, the largest number of U.S. House members with a 0 HRC rating of any state, California also has the most members of Congress with a perfect 100 HRC rating — 21 House members and both U.S. senators, Democrats Dianne Feinstein and Barbara Boxer.
“California certainly is a progressive state and is becoming ever bluer every year,” said Leno.
R. Clarke Cooper, executive director of Log Cabin Republicans, couldn’t immediately be reached for comment.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership
After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.
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