National
Will Obama name LGBT appointees in Cabinet shakeup?
Berry, Hochberg discussed as potential nominees
Chair of the Export-Import Bank of the United States Fred Hochberg is among the names discussed for a Cabinet-level position. (Washington Blade photo by Michael Key)
As President Obama makes his transition to a second term in office, talk has already begun about building on the excitement from Election Day successes for the LGBT community with additional milestones: the first-ever appointments of an openly LGBT Cabinet member and G-20 ambassador.
LGBT advocates see the planned exodus of many high-ranking officials from the Obama administration at the start of the second term as an opportunity for Obama to replace officials with high-profile LGBT appointments.
Fred Sainz, vice president of communications for the Human Rights Campaign, said Obama has an opportunity “to represent the diversity of our great country” by appointing qualified LGBT people to high public office.
“Our community is rightly interested in the Cabinet and a G-20 ambassadorship,” Sainz said. “This president has been committed to ensuring that his administration is inclusive of all Americans and a second term gives him an opportunity to continue this progress.”
No president has ever appointed an LGBT person to the Cabinet before. Two individuals who already have high-ranking positions in the Obama administration have emerged as potential openly LGBT Cabinet members: John Berry as secretary of the interior and Fred Hochberg as commerce secretary. Berry currently serves as director of the U.S. Office of Personnel Management and Hochberg is chair of the U.S. Export-Import Bank.
Berry has experience that would be relevant to heading a department charged with managing federal parks and natural resources. Most notably, he was head of the National Zoo in D.C. prior to his appointment as OPM director. Under the Clinton administration, Berry was assistant secretary of the interior for policy, management and budget and at the start of the Bush administration was director of the National Fish & Wildlife Foundation.
In addition to being head of the export credit agency for the United States, Hochberg also has a background that would make him a possible candidate for commerce secretary. Under the Clinton administration, Hochberg was deputy administrator of the Small Business Administration and later became the organization’s acting administrator.
An appointment of an openly LGBT person as U.S. ambassador to one of the countries in the G-2o, or countries with the 20 largest economies, would also be historic because no such nomination has happened before. However, three openly gay people have served as U.S. ambassadors. Former President Clinton made the first such appointment in 1997 when he named James Hormel as U.S. ambassador to Luxembourg. Former President George W. Bush named Michael Guest as U.S. ambassador to Romania and President Obama named David Huebner as U.S. ambassador to New Zealand.
Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, said his organization continues to push for LGBT appointments at all levels of the administration as it has done since 2008 through the Presidential Appointments Project, a joint project led by the Victory Fund that serves as a talent bank for LGBT people seeking appointments in the administration.
“That obviously has been a great success,” Dison said. “The Obama administration has more out LGBT people than any other president — in fact, all presidents combined before him. So, we’re certainly going to continue with the project and making sure people understand that the project exists … and working with the White House Office of Presidential Personnel to make sure that they have the resources that we’re building here to provide those resumes.”
Dison said the Victory Fund has no specific goal for the appointment of an LGBT person to a specific office such as a Cabinet-level position or an ambassadorship, although he acknowledged such an appointment would be “absolutely” historic.
Shin Inouye, a White House spokesperson, said in response to a Washington Blade inquiry, “I have no personnel announcements to make.”
In addition to the appointment of LGBT people to the Obama administration, advocates are also mindful about the impact of Cabinet-level departures on LGBT issues. One such departure is Defense Secretary Leon Panetta, who’s expected to step down.
That position is important to the LGBT community because the defense secretary can implement openly transgender service and administrative changes to provide gay service members spousal benefits afforded to straight troops — which include joint duty assignments, issuance of IDs, use of the commissary and family housing. Health and pension partner benefits can’t be afforded to gay service members because of the Defense of Marriage Act.
Zeke Stokes, spokesperson for the LGBT military group OutServe-SLDN, said his organization wants Obama to nominate a defense secretary who has “an unequivocal commitment to fairness and equality.”
“Should it not happen before he or she takes the helm of the Defense Department, the new Secretary should immediately use his or her authority to the extent possible under existing law to provide support and recognition to gay and lesbian military families, who today are being treated as second-class citizens by our military,” Stokes said.
According to a report from the Washington Post published on Monday, Sen. John Kerry (D-Mass.), chair of the Senate Foreign Affairs Committee, is being considered for the role of defense secretary. The 2004 Democratic presidential nominee voted against DOMA in 1996 and in recent years has been an LGBT advocate and has come out for marriage equality. Another name that has been floated is former Sen. Chuck Hagel, a Republican.
Another departure that will be noted by the LGBT community is that of Secretary of State Hillary Clinton. Her most high-profile pro-LGBT act was speaking to the United Nations in Geneva last year against LGBT human rights abuses, telling LGBT people across the globe who feel isolated in their countries, “You have an ally in the United States of America and you have millions of friends among the American people.”
Other accomplishments include providing global benefits to LGBT employees and diplomats representing the country overseas and leading a department that has spoken against LGBT human rights abuses overseas, such as the proposed anti-homosexuality bill in Uganda. But she’s among a few high-profile Democrats who hasn’t publicly endorsed marriage equality.
The Washington Post report from Monday said Obama is considering naming Susan Rice, the U.S. ambassador to the United Nations, as Clinton’s replacement. Kerry is another name that has been floated for the position.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
The White House
White House debuts action plan targeting pollutants in drinking water
Same-sex couples face higher risk from environmental hazards
Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.
The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.
In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”
“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”
Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.
“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”
The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.
An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.
During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.
New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.
The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”
“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.
With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.
Maine
Maine governor signs transgender, abortion sanctuary bill into law
Bomb threats made against lawmakers before measure’s passage
BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.
With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.
An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.
The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.
It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.
You can see the findings section of the bill here:
The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:
The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”
The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.
Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.
The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.
When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.
Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.
See a few of the extensive health insurance and malpractice provisions here:
Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.”
Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”
The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.
Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
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