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Election results bolster state marriage fights

Rhode Island, other states expected to debate issue in 2013

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Barack Obama, Election 2012, gay news, Washington Blade
Barack Obama, Election 2012, gay news, Washington Blade

Polls show President Obama’s same-sex marriage support did not hurt him among voters. (Washington Blade photo by Michael Key)

Same-sex marriage advocates contend the Nov. 6 election results have given them additional momentum to fight for nuptials for gays and lesbians in their respective states.

Ray Sullivan, campaign manager of Marriage Equality Rhode Island, the group fighting for marriage rights for same-sex couples there, noted to the Washington Blade in a post-Election Day interview the General Assembly will have “more pro-equality legislators seated than ever in history” in 2013.

Gay House Speaker Gordon Fox, who sparked controversy in 2011 when he endorsed a civil unions bill because of a lack of support in his chamber for a marriage measure, has pledged to call a vote on a proposal that would allow nuptials for gays and lesbians in the state before the end of January. The Rhode Island chapter of the American Civil Liberties Union noted in May only 52 couples had obtained civil union licenses since the state’s civil union took effect in July 2011.

Gov. Lincoln Chafee signed an executive order earlier this year mandating state agencies to recognize same-sex marriages legally performed in neighboring Massachusetts, Connecticut and other states. He has also publicly backed marriage rights for same-sex couples, even though he reluctantly signed the controversial 2011 civil unions bill into law.

“There is this sense that finally in Rhode Island it’s not a matter of if, but when,” said Sullivan, who noted MERI and other advocates could focus on building additional support for the same-sex marriage bill in the state Senate if it passes in the House. “The results from last Tuesday both here and throughout the country represent quite frankly ground-shifting momentum for the pro-equality effort. Our focus and our jobs will be to capitalize on that momentum, reaffirm the support we already have, work with this record [majority and] finally make 2013 the year that we get this done.”

Voters in Maine, Maryland and Washington on Election Day approved referenda that either extended nuptials to gays and lesbians or upheld their state’s same-sex marriage laws. Minnesotans also rejected a proposed state constitutional amendment that would have defined marriage as between a man and a woman.

Minnesota Gov. Mark Dayton, who supports nuptials for gays and lesbians, is among those who spoke out against Amendment 1.

Delaware Gov. Jack Markell, who signed his state’s civil unions bill into law in May 2011, raised eyebrows in August when he suggested to the Huffington Post state lawmakers could debate a same-sex marriage bill as early as next year.

Garden State Equality Chair Steven Goldstein expressed confidence in a post-Election Day statement New Jersey’s Democratic-controlled state legislature will override Gov. Chris Christie’s veto of the same-sex marriage bill lawmakers approved earlier this year. The state does not have a referendum or initiative process, but Goldstein stressed his group remains opposed to the idea of allowing voters to consider marriage rights for gays and lesbians at the ballot.

“The majority should never vote on the civil rights of a minority, period,” he said.

Same-sex marriage advocates in other states are poised to implement a different strategy.

Basic Rights Oregon has launched an online campaign designed to bolster support for a 2014 ballot measure that would overturn the state’s constitutional amendment that defines marriage as between a man and a woman. Oregon would become the first state in the country to overturn such a ban if voters support the referendum.

“As more and more Americans are having conversations with gay and lesbian friends and family about why marriage matters, they’re coming to realize that this is not a political issue: This is about love, commitment and family,” reads the appeal. “We know that we are on the right path. Our outreach, just like that of the states who [have won] the freedom to marry is winning hearts and minds.”

Rick Sutton, executive director of Equality Indiana Action, which opposes a proposed state constitutional amendment that would ban marriage for same-sex couples that is expected to go before voters in 2014, told the Blade his group has already looked to the campaign that defeated Minnesota’s Amendment 1 for guidance.

“It’s pretty clear to me to win an amendment like that — there’s was very similar to what ours will likely be — you have to have a pretty broad coalition of businesses, faith community, labor, retired folks, the whole gamut,” said Sutton. He noted WellPoint, the Simon Property Group and other Indiana-based corporations have already spoken out against the proposed amendment. “It will be difficult to attract and retain top quality scientists and engineers, particularly younger ones, who just don’t think this is something government should be getting involved with. They’re concerned about their future workforce.”

An ABC News/Washington Post poll released on Nov. 14 indicates 51 percent of Americans support marriage rights for same-sex couples. A Gallup poll conducted shortly after President Obama publicly endorsed marriage rights for same-sex couples noted 60 percent of respondents said his position on the issue would not influence whether they would support or oppose his re-election bid.

“What happened I think with this election is that it’s taken away the argument from our opponents that when legislators are forced to vote to affirm the right of same-sex couples to marriage equality, the popular sentiment is on the opposite side,” Equality Illinois CEO Bernard Cherkasov told the Blade.

Lambda Legal and the ACLU of Illinois on May 30 filed lawsuits against the Cook County Clerk’s office on behalf of 25 same-sex couples. Attorney General Lisa Madigan and Cook County State’s Attorney Anita Alvarez have both said they support the litigation, while Cook County Clerk David Orr and Chicago Mayor Rahm Emanuel are among those who support marriage rights for same-sex couples.

More than 4,800 same-sex couples have taken advantage of the state’s civil unions law since it took effect in July 2011, but Cherkasov said the election results confirm “there’s popular support for marriage equality.”

“Lawmakers should follow suit and actually grant marriage equality to gay and lesbian couples in loving, committed relationships,” he said. “We intend to carry that message to our lawmakers in Illinois.”

Sutton agreed as he discussed Obama’s evolution on the successful same-sex marriage referenda in Maine, Maryland and Washington on Election Day.

“National momentum is there,” he said. “The time has come for the other side to realize where they are. They won’t give up quietly. Their argument never changes. It’s always the same, and we’re ready for that. We’re absolutely ready.”

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Conservative West Virginia state GOP lawmaker comes out during Pride

“I’m still a conservative Republican. That’s rare, I know, but you can be gay and Republican. You can be gay and conservative.”

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Joshua Higginbotham (Screenshot via WCHS ABC News 8 Charleston, W.VA)

CHARLESTON, WVA. – A conservative Republican lawmaker in the House of Delegates took to Twitter and other social media platforms this past weekend announcing that he is gay. Twenty-four year old Joshua Higginbotham said that he felt he owed it to the voters of West Virginia, after recently deciding to share it with his family and friends.

Higginbotham, who was first elected to the House when he was only 19, represents rural Putnam County located alongside Interstate 64 between the state’s capital city of Charleston to the East and Huntington to the West. His campaign adverts have all trumpeted his avid support of the Second Amendment as well as taking a pro-life position.

However, a check of some of his recent legislation shows a more progressive mindset. He is lead sponsor on House Bill 2998, a measure amending the State’s current codes relating to unlawful discriminatory practices in four categories covered by the West Virginia Human Rights Act and the Fair Housing Act, adding language that prohibits discrimination based upon age and sexual orientation, or gender identity; and defining “sexual orientation” and “gender identity.”

That measure, earlier in the legislative session, led to a series of conflicts which involved the state’s only other openly gay lawmaker, Democratic Delegate Cody Thompson (D43-Marion). Republican House Delegate John Mandt, who resigned after posting an anti-gay slur but then was re-elected drew harsh criticism for an extended online diatribe opposing protections against discrimination based on sexual orientation and gender identity the Associated Press reported earlier this year on February 7, 2021.

In his social media video as well as in an interview with reporter Anthony Conn from the local ABC News affiliate WCHS 8 in Charleston, Higginbotham said, “I am still a Christian. People think that gay people can’t be Christians.  I believe God loves me no matter what. I’m still a conservative Republican. That’s rare, I know, but you can be gay and Republican.  You can be gay and conservative.”

He added referring to his conservative politics that “nothing changes except now [you] know about my personal life.”

The statewide LGBTQ advocacy group Fairness West Virginia applauded the delegate’s decision to come out. “We think that it’s great that Delegate Higginbotham can lead his authentic life now. This must be a big burden that’s lifted off his shoulders,” Executive Director Andrew Schneider told WCHS ABC 8.

There are some in the state who are critical of Higginbotham. One source who asked to not be identified, told the Blade in a phone call Tuesday that Higginbotham’s support of former President Trump raised some doubts as to his veracity especially in issues surrounding Transgender West Virginians.

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Biden admin: Discrimination against LGBTQ kids illegal under Title IX

In contrast, Trump DOJ sided with anti-trans laws

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The Biden administration made official on Wednesday its position that discrimination against LGBTQ kids in schools is illegal under federal law at a time when states have enacted measures prohibiting transgender kids from playing in school sports or obtaining transition-related health care.

The Education Department, in a notice of interpretation signed by Secretary of Education Miguel Cardona, declared it would enforce Title IX of the Education Amendments of 1972, which bars discrimination on the basis of sex in schools, to prohibit discrimination both on the basis of sexual orientation and gender identity.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections” Cardona said in a statement. “I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination. Today, the Department makes clear that all students — including LGBTQ+ students — deserve the opportunity to learn and thrive in schools that are free from discrimination.”

In contrast, the Trump administration had interpreted Title IX to exclude cases of anti-transgender discrimination in schools. In fact, the Justice Department under former President Trump filed a legal brief in defense of an Idaho law against transgender kids in sports in ongoing litigation against the statute.

Just this year, a number of states have enacted similar laws. Florida Gov. Ron DeSantis, a potential 2024 presidential candidate, said upon signing into law a measure banning transgender kids, that status would go “based on biology.” Arkansas has enacted a law over the veto of its governor making criminal the providing of transition-related care to transgender kids.

The notice of interpretation is consistent with the executive order President Biden signed on his first day in office instructing federal agencies to prohibit anti-LGBTQ discrimination to the furthest extent possible in the wake of the U.S. Supreme Court’s decision in Bostock v. Clayton County. In his executive order, Biden specifically spelled out students should be able to go school without being  “denied access to the restroom, the locker room or school sports.”

It wasn’t immediately clear whether the Biden administration would follow up on the memo with legal action against states with anti-transgender laws. The Education Department didn’t immediately respond to an inquiry on the issue.

The White House has consistently referred questions on whether the Biden administration would take up legal action against states enacting anti-transgender laws to the Justice Department, which hasn’t responded to multiple requests for comment.

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As NYC Pride nears, ban on police seen as support for trans, BIPOC attendees

Organizers to provide ‘community-based security and first responders’

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A scene from NYC Pride in 2019. (Washington Blade file photo by Michael K. Lavers)

NYC Pride announced last month that it would no longer allow corrections and law enforcement exhibitors to participate in NYC Pride events until 2025. The decision is in accordance with NYC Pride’s commitment to create safe spaces for marginalized LGBTQ groups including BIPOC and transgender individuals at their Pride festivities.

“Effective immediately, NYC Pride will ban corrections and law enforcement exhibitors at NYC Pride events until 2025. At that time their participation will be reviewed by the Community Relations and Diversity, Accessibility, and Inclusion committees, as well as the Executive Board,” reads NYC Pride’s statement. NYC Pride is scheduled for June 27. 

To make sure that safety regulations are still adhered to at events, NYC Pride will “transition to providing increased community-based security and first responders, while simultaneously taking steps to reduce NYPD presence at events.”

Police officers being banned from participating in Pride parades and festivities is not an unfamiliar conversation to LGBTQ advocacy and activist groups in North America. In 2018, Capital Pride in D.C. announced that uniformed officers would not be allowed to march in the Pride parade. In 2019,  Pride Toronto announced that uniformed police officers would not be permitted to attend any Pride Toronto events. 

The announcement was preceded by a voting session that took place among Pride Toronto members. Global News, a Canadian news platform, reported a final result of 163-161, disallowing police participation in Pride Toronto events.

Global News also reports that Pride Toronto committed to using their $1.25 million federal grant to examine the LGBTQ community’s feelings regarding police, and to forge a way forward. 

In solidarity with the #BlackLivesMatter movement, Vancouver Pride Society announced in 2020 that police officers were no longer welcome to march and exhibit during any of Vancouver Pride Society’s festivities. 

“The roots of Pride are in righteous anger, riot and uprising against police brutality. These riots against the violence of the police were led by Black and Brown trans women and queer people. The Stonewall Riots propelled gay movements from assimilationist tactics towards unapologetic Pride. These riots worked,” reads Vancouver Pride Society’s statement. 

The organization also pledged to ensure public safety by participating in calls to defund the police and “commit to learning and convening community dialogues about what these alternative forms of managing public safety look like.”

Why ban the police? The decision from NYC Pride was simple: given the law enforcement’s history of police brutality in America, there is a need to ensure that BIPOC and transgender individuals who attend Pride events can do so comfortably, without feeling vulnerable at events meant to be safe havens that allow full, unabashed identity expression and manifestation. 

“After many interactions between the police and LGBTQ community locally, [including] the passive aggressive moves between the NYPD and peaceful protestors in Washington Square Park last year, we have to look at the history,” said André Thomas, NYC Pride co-chair. “The ability to welcome Black, Brown, and trans Americans at our events is an even higher priority than for someone to be able to wear police uniform in a parade.”

It is no secret that BIPOC and transgender communities are some of the most vulnerable groups when it comes to interactions with corrections and law enforcement officers. 

Mapping Police Violence reports that in 2020, Black people constituted 28% of those killed by the police despite only constituting 13% of the country’s population. The 2015 U.S. Transgender Survey also reports that Black transgender people were 50% more likely to report that their interactions with police officers as suspecting them of soliciting sex work and leading to an arrest. In addition, the Movement Advancement Project reports in a 2017 study that nearly 40% of incarcerated girls identify as LGB and 85-90% of incarcerated LGBTQ youth are LGBTQ youth of color. 

With this in mind, NYC Pride’s goal is to make their events harm-and-fear-free for members of the LGBTQ community. 

To supplement the absence of corrections and law enforcement officers at NYC Pride events, the organization will provide community-based security companies and first responders who will ensure that Pride events are secure and will also be on standby in case of emergencies. 

As part of their training, the security companies are primed on how to deal with all kinds of situations including responding to an active shooter. 

“Our staff has gone through active shooter training and everything it entails including what they’re wearing and how they’re identifiable to the community,” said Thomas. “We want to ensure people that even though the NYPD may be a block away, there is still security [present] to take care of your needs.”

A lot of NYC Pride’s information regarding security measures is currently being relayed through social media and reportage from various news sources. 

“We tweeted about our meetings that we had with the NYPD to reinforce public safety after the initial news broke out of what’s been going on,” said Thomas. 

Regarding whether NYC Pride will implement this year’s model for next year’s Pride, “[NYC Pride is] figuring out what works and what doesn’t,” said Thomas. “We’re trying to do things in a hybrid model with some limited in-person and some virtual events. We’re going to figure out what to keep and what to change, and this will influence the planning and processes that we do.”

As for future Prides, Thomas wants everyone to remember this: “It’s always someone’s first Pride, and so, you want to be able to give someone that special experience. So, for future Prides, we’ll be working on greater inclusivity and representation.”

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