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Fresno activists wage lonely battle to oust congressman

California’s newly drawn 22nd District ‘safe’ for anti-gay GOP incumbent

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Rep. Devin Nunes (R-Calif.)
Rep. Devin Nunes (R-Calif.)

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.

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How data helps — and hurts — LGBTQ communities

‘Even when we prove we exist, we don’t get the resources we need’

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‘To convince people with power, especially resource allocation power, you need to have data,’ says MIT professor Catherine D’Ignazio.

When Scotland voted to add questions about sexuality and transgender status to its census, and clarified the definition of “sex,” it was so controversial it led to a court case.

It got so heated that the director of Fair Play for Women, a gender-critical organization, argued: “Extreme gender ideology is deeply embedded within the Scottish Government, and promoted at the highest levels including the First Minister.”

Data, like the census, “is often presented as being objective, being quantitative, being something that’s above politics,” says Kevin Guyan, author of “Queer Data.”

Listening to the deliberations in parliament breaks that illusion entirely. “There’s a lot of political power at play here,” says Guyan, “It’s very much shaped by who’s in the room making these decisions.”

Great Britain has been a ‘hotspot’ for the gender-critical movement. “You just really revealed the politics of what was happening at the time, particularly in association with an expanded anti-trans movement,” explains Guyan.

Ultimately, the LGBTQ community was counted in Scotland, which was heralded as a historic win.

This makes sense, says Amelia Dogan, a research affiliate in the Data plus Feminism Lab at MIT. “People want to prove that we exist.” 

Plus, there are practical reasons. “To convince people with power, especially resource allocation power, you need to have data,” says Catherine D’Ignazio, MIT professor and co-author of the book “Data Feminism.” 

When data isn’t collected, problems can be ignored. In short, D’Ignazio says, “What’s counted counts.” But, being counted is neither neutral nor a silver bullet. “Even when we do prove we exist, we don’t get the resources that we need,” says Dogan.

“There are a lot of reasons for not wanting to be counted. Counting is not always a good thing” they say. D’Ignazio points to how data has repeatedly been weaponized. “The U.S. literally used census data to intern Japanese people in the 1940s.” 

Nell Gaither, president of the Trans Pride Initiative, faces that paradox each day as she gathers and shares data about incarcerated LGBTQ people in Texas. 

“Data can be harmful in some ways or used in a harmful way,” she says, “they can use [the data] against us too.” She points to those using numbers of incarcerated transgender people to stoke fears around the danger of trans women, even though it’s trans women who face disproportionate risk in prison.

This is one of the many wrinkles the LGBTQ community and other minority communities face when working with or being represented by data.

There is a belief by some data scientists that limited knowledge of the subject is OK. D’Ignazio describes this as the “hubris of data science” where researchers believe they can make conclusions solely off a data set, regardless of background knowledge or previous bodies of knowledge. 

“In order to be able to read the output of a data analysis process, you need background knowledge,” D’Ignazio emphasizes. 

Community members, on the other hand, are often primed to interpret data about their communities. “That proximity gives us a shared vocabulary,” explains Nikki Stephens, a postdoctoral researcher in D’Ignazio’s Data plus Feminism lab. 

It can also make more rich data. When Stephens was interviewing other members of the transgender community about Transgender Day of Remembrance, they realized we “think more complicated and more meaningful thoughts, because we’re in community around it.” 

Community members are also primed to know what to even begin to look for.

A community may know about a widely known problem or need in their community, but they are invisible to institutions. “It’s like unknown to them because they haven’t cared to look,” says D’Ignazio.

That is how Gaither got involved in tracking data about incarcerated LGBTQ people in Texas in the first place.

Gaither received her first letter from an incarcerated person in 2013. As president of the Trans Pride Initiative, Gaither had predominately focused on housing and healthcare for trans people. The pivot to supporting the LGBTQ incarcerated community came out of need—trans prisoners were not given access to constitutionally mandated healthcare

Gaither sought a legal organization to help, but no one stepped in—they didn’t have expertise. So, Gaither figured it out herself.

As TPI continued to support incarcerated, queer Texans, the letters kept rolling in. Gaither quickly realized her correspondences told a story: definable instances of assault, misconduct, or abuse. 

With permission from those she corresponded with and help from volunteers, Gaither started tracking it. “We’re hearing from people reporting violence to us,” says Gaither, “we ought to log these.” TPI also tracks demographic information alongside instances of abuse and violence, all of which are publicly accessible

“It started off as just a spreadsheet, and then it eventually grew over the years into a database,” says Gaither, who constructed the MySQL database for the project. 

Gaither’s work especially focuses on the Prison Rape Elimination Act (PREA), which ostensibly includes specific protections for transgender people. 

To be compliant with PREA, prisons must be audited once every three years. Numerous investigations have shown that these audits are often not effective. TPI has filed numerous complaints with the PREA Resource Center, demonstrating inaccuracies or bias, in addition to tracking thousands of PREA-related incidents. 

“We are trying to use our data to show the audits are ineffective,” says Gaither.

Gaither has been thinking about data since she was a teenager. She describes using a computer for the first time in the 1970s and being bored with everything except for dBASE, one of the first database management systems. 

“Ever since then, I’ve been fascinated with how you can use data and databases to understand what your work with data,” Gaither says. She went on to get a master’s in Library and Information Sciences and built Resource Center Dallas’s client database for transgender health.

But gathering, let alone analyzing, and disseminating data about queer people imprisoned in Texas has proven a challenge.

Some participants fear retaliation for sharing their experiences, while others face health problems that make pinpointing exact dates or times of assaults difficult.

And, despite being cited by The National PREA Resource Center and Human Rights Clinic at the University of Texas School of Law, Gaither still faces those who think her data “doesn’t seem to have as much legitimacy.” 

Stephens lauds Gaither’s data collection methods. “TPI collect their data totally consensually. They write to them first and then turn that data into data legible to the state and in the service of community care.” 

This is a stark contrast to the current status quo of data collection, says Dogan, “people, and all of our data, regardless of who you are, is getting scraped.” Data scraping refers to when information is imported from websites – like personal social media pages – and used as data.

AI has accelerated this, says D’Ignazio, “it’s like a massive vacuum cleaning of data across the entire internet. It’s this whole new level and scale of non-consensual technology.” 

Gaither’s method of building relationships and direct correspondence is a far cry from data scraping. Volunteers read, respond to, and input information from every letter. 

Gaither has become close to some of the people with whom she’s corresponded. Referring to a letter she received in 2013, Gaither says: “I still write to her. We’ve known each other for a long time. I consider her to be my friend.”

Her data is queer not simply in its content, but in how she chooses to keep the queer community centered in the process. “I feel very close to her so that makes the data more meaningful. It has a human component behind it,” says Gaither.

Guyan says that data can be seen as a “currency” since it has power. But he emphasizes that “people’s lives are messy, they’re complicated, they’re nuanced, they’re caveated, and a data exercise that relies on only ones and zeros can’t necessarily capture the full complexity and diversity of these lives.” 

While Gaither tallies and sorts the incidents of violence, so it is legible as this “currency,” she also grapples with the nuance of the situations behind the scenes. “It’s my family that I’m working with. I think it makes it more significant from a personal level,” says Gaither.

Guyan explains that queer data is not just about the content, but the methods. “You can adopt a queer lens in terms of thinking critically about the method you use when collecting, analyzing, and presenting all types of data.” 

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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New twice-a-year HIV prevention drug found highly effective

Gilead announces 99.9% of participants in trial were HIV negative

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New HIV prevention drug Lenacapavir would replace oral medicines with twice-yearly injections.

The U.S. pharmaceutical company Gilead Sciences announced on Sept. 12 the findings of its most recent Phase 3 clinical trial for its twice-yearly injectable HIV prevention drug Lenacapavir show the drug is highly effective in preventing HIV infections, even more so than the current HIV prevention or PrEP drugs in the form of a pill taken once a day.

There were just two cases of someone testing HIV positive among 2,180 participants in the drug study for the twice-yearly Lenacapavir, amounting to a 99.9 percent rate of effectiveness, the Gilead announcement says.

The announcement says the trial reached out to individuals considered at risk for HIV, including “cisgender men, transgender men, transgender women, and gender non-binary individuals in Argentina, Brazil, Mexico, Peru, South Africa, Thailand and the United States who have sex with partners assigned male at birth.”

“With such remarkable outcomes across two Phase 3 studies, Lenacapavir has demonstrated the potential to transform the prevention of HIV and help to end the epidemic,” Daniel O’Day, chair and CEO of Gilead Sciences said in the announcement.

 “Now that we have a comprehensive dataset across multiple study populations, Gilead will work urgently with regulatory, government, public health, and community partners to ensure that, if approved, we can deliver twice-yearly Lenacapavir for PrEP worldwide for all those who want or need it,” he said.

Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, called Lenacapavir a “miracle drug” based on the latest studies, saying the optimistic findings pave the way for the potential approval of the drug by the U.S. Food and Drug Administration in 2025.

“The goal now must be to ensure that people who have a reason to be on PrEP are able to access this miracle drug,” Schmid said in a Sept. 12 press release. “Thanks to the ACA [U.S. Affordable Care Act], insurers must cover PrEP without cost sharing as a preventive service,” he said.

“Insurers should not be given the choice to cover just daily oral PrEP, particularly given these remarkable results,” Schmid said in the release. “The Biden-Harris administration should immediately make that clear. To date, they have yet to do that for the first long-acting PrEP drug that new plans must cover,” he said.

Schmid, through the HIV+ Hepatitis Policy Institute, has helped to put together a coalition of national and local HIV/AIDS organizations advocating for full coverage of HIV treatment and prevention medication by health insurance companies.

A statement by Gilead says that if approved by regulatory agencies, “Lenacapavir for PrEP would be the first and only twice-yearly HIV prevention choice for people who need or want PrEP. The approval could transform the HIV prevention landscape for multiple populations in regions around the world and help end the epidemic.”

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Thousands expected to participate in Gender Liberation March in D.C.

Participants will protest outside US Supreme Court, Heritage Foundation on Saturday

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Transgender rights icon Miss Major attends the Democratic National Convention in Chicago last month. She is expected to participate in the Gender Liberation March that will take place in D.C. on Sept. 14, 2024. (Washington Blade photo by Michael Key)

Thousands of people are expected to protest outside of the U.S. Supreme Court and the Heritage Foundation headquarters on Saturday as part of the first Gender Liberation March.

The march will unite abortion rights, transgender, LGBTQ, and feminist advocates to demand bodily autonomy and self-determination.

The Gender Liberation March follows the National Trans Liberation March that took place in D.C. in late August, and is organized by a collective of gender justice based groups that includes the organizers behind the Women’s Marches and the Brooklyn Liberation Marches. One of the core organizers, writer and activist Raquel Willis, explained the march will highlight assaults on abortion access and gender-affirming care by the Republican Party and right-wing groups as broader attacks on freedoms. 

“The aim for us was really to bring together the energies of the fight for abortion access, IVF access, and reproductive justice with the fight for gender-affirming care, and this larger kind of queer and trans liberation,” Willis said. “All of our liberation is bound up in each other’s. And so if you think that the attacks on trans people’s access to health care don’t include you, you are grossly mistaken. We all deserve to make decisions about our bodies and our destinies.”

The march targets the Heritage Foundation, the far-right think tank behind Project 2025, a blueprint to overhaul the federal government and attack trans and abortion rights under a potential second Trump administration. Protesters will also march on the Supreme Court, which is set to hear U.S. v. Skrmetti, a case with wide-reaching implications for medical treatment of trans youth, in October.

“This Supreme Court case could set precedent to further erode the rights around accessing this life-saving medical care. And we know that there are ramifications of this case that could also go beyond young people, and that’s exactly what the right wing apparatus that are pushing these bans want,” Eliel Cruz, another core organizer, said. 

According to the Human Rights Campaign, 70 anti-LGBTQ laws have been enacted this year so far, of which 15 ban gender-affirming care for trans youth.

The march will kick off at noon with an opening ceremony at Columbus Circle in front of Union Station. Trans rights icon Miss Major, and the actor and activist Elliot Page are among the scheduled speakers of the event. People from across the country are expected to turn out; buses are scheduled to bring participants to D.C. from at least nine cities, including as far away as Chattanooga, Tenn.

At 1 p.m. marchers will begin moving toward the Heritage Foundation and the Supreme Court, before returning to Columbus Circle at 3 p.m. for a rally and festival featuring a variety of activities, as well as performances by artists. 

Banned books will be distributed for free, and a youth area will host a drag queen story hour along with arts and crafts. The LGBTQ health organization FOLX will have a table to connect attendees to its HRT fund, and a voter engagement area will offer information on registering and participating in the upcoming election. A memorial space will honor those lost to anti-trans and gender-based violence. 

Cruz noted that the relentless ongoing attacks on the LGBTQ community and on fundamental rights can take a toll, and emphasized that the march offers a chance for people to come together.

“I’m really excited about putting our spin on this rally and making it a place that is both political, but also has levity and there’s fun and joy involved, because we can’t, you know, we can’t just only think about all the kind of massive amount of work and attacks that we’re facing, but also remember that together, we can get through it,” Cruz said.

Sign up for the march here. Bus tickets to the rally can be booked here.

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