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Same-sex marriage supporters, opponents gather outside Supreme Court

Advocates on both sides of the issue held rallies in D.C.

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Supreme Court, gay marriage, same sex marriage, marriage equality, Proposition 8, Hollingsworth vs. Perry, gay news, Washington Blade
Supreme Court, gay marriage, same sex marriage, marriage equality, Proposition 8, Hollingsworth vs. Perry, gay news, Washington Blade

(Washington Blade photo by Michael Key)

Supporters and opponents of marriage rights for same-sex couples gathered outside the U.S. Supreme Court on Tuesday as the justices heard oral arguments in a case that challenges Californiaā€™s Proposition 8.

Baltimore Ravens linebacker Brendon Ayanbadejo, OutServe-SLDN Executive Director Allyson Robinson, National Organization for Women President Terry Oā€™Neill and gay retired New Hampshire Bishop V. Gene Robinson and his daughter Ella are among those who spoke at a rally in support of nuptials for gays and lesbians that drew a few thousand people.

Robinson also joined Rev. Dennis Wiley of Covenant Baptist Church of Christ in Southwest Washington, Rev. Abena McCray of Unity Fellowship Church in D.C., Sister Jeannine Gramick of New Ways Ministry in Mount Rainier, Md., Washington National Cathedral Dean Gary Hall and others at an interfaith service at the Lutheran Church of the Reformation near the Supreme Court earlier in the day.

Supreme Court, gay marriage, same sex marriage, marriage equality, Proposition 8, Hollingsworth vs. Perry, gay news, Washington Blade, Margaret Hoover

Margaret Hoover (Washington Blade photo by Blake Bergen)

ā€œWe all know that something special is happening here today,ā€ Republican strategist Margaret Hoover said. ā€œThatā€™s why we are here in love to demonstrate that all Americans have the constitutional right and the freedom to marry the person they love.ā€

D.C. Congressional Del. Eleanor Holmes Norton pointed out nine states and the nationā€™s capital allow same-sex couples to marry.

ā€œThere are no second class citizens in America,ā€ Norton said. ā€œThere are no second class marriages in America.

Jo-Ann Shain and Mary Jo Kennedy of Brooklyn, N.Y., and their daughter Aliya Shain held a poster with a picture of Edie Windsor outside the Supreme Court, Windsor is the New York City widow who challenged the Defense of Marriage Act after she paid $363,000 in estate taxes in 2009 when her partner of more than 40 years passed away. The couple, who has been together for 31 years, in 2004 challenged the Empire State’s same-sex marriage ban.

New York State Supreme Court Justice Doris Ling-Cohan in 2005 ruled the law was unconstitutional.

ā€œThis is a watershed moment for our community,ā€ Jo-Ann Shain told the Washington Blade before she, her wife whom she married in New York in 2011 after the stateā€™s same-sex marriage law took effect and their daughter held up their signs to shield members of the Westboro Baptist Church who had gathered on the sidewalk. ā€œThis is history in the making and we wouldnā€™t miss it.ā€

Baltimore resident Lucas McCahill, who is an organizer with the American Humanist Association, said the claim the United States is ā€œa free countryā€ is ā€œactually a blatant lie.ā€ She told the Blade outside the Supreme Court the justices ruling in favor of marriage rights for same-sex couples would change that reality.

ā€œItā€™s just a part of my basic values to uphold equality for everybody, no matter who you are, what you look like,ā€ McCahill said.

David PĆ©rez, president of the Latino GLBT History Project Board of Directors, agreed.

ā€œWeā€™re really excited to be out here to support marriage equality,ā€ he said, noting his organization is among those that supported last yearā€™s campaign in support of referenda on Marylandā€™s same-sex marriage law and DREAM Act that both passed. ā€œWe definitely want the justices to know the American people support marriage equality.ā€

Same-sex marriage opponents march to Supreme Court

As same-sex marriage supporters spoke outside the Supreme Court, an estimated 2,000 opponents of nuptials for gays and lesbians marched onto First Street, N.E. Some held a large banner that read ā€œLet the people decide,ā€ while others waved signs that said ā€œVote for holy matrimonyā€ and ā€œChildren do better with a mom and a dad!ā€ in Spanish.

Backers of nuptials for gays and lesbians gathered adjacent to the marchers and shouted slogans in support of the issue. Several of them held American, gay Pride and Human Rights Campaign flags as they squared off against the protesters.

ā€œWeā€™re here in order to defend civil society from one of the greatest assaults that itā€™s experienced in its history,ā€ Father Johannes Smith of New York told the Blade outside the Supreme Court. ā€œThe whole idea of homosexual marriage is an assault on the foundations of a sound society.ā€

Christina Hughes, who traveled to D.C. from Miami to march against nuptials for gays and lesbians, said she feels marriage is ā€œdefined by God between a man and a woman.ā€

ā€œWho are we to try and change that,ā€ she said. ā€œGod is our creator and we should go by Godā€™s laws.ā€

Roughly 1,000 same-sex marriage opponents attended a rally on the National Mall after they marched to the U.S. Supreme Court.

Supreme Court, gay marriage, same sex marriage, marriage equality, Proposition 8, Hollingsworth vs. Perry, gay news, Washington Blade, NOM, National Organization for Marriage

(Washington Blade photo by Michael Key)

National Organization for Marriage President Brian Brown; Archbishop Salvatore Cordileone of the U.S. Conference of Catholic Bishops; Concerned Women for America President Penny Nance; Ruth Institute President Jennifer Roback Morse; American Values President Gary Bauer; New York State Sen. Ruben Diaz, Sr.; and Tami Fitzgerald, executive director of the North Carolina Values Coalition, are among those who spoke.

The Family Leader CEO Bob Vander Plaats noted Rev. Billy Graham and newly elected Pope Francisā€™ opposition to same-sex marriage. He also spoke about the 2010 recall of the three Iowa Supreme Court justices who ruled a year earlier the Hawkeye Stateā€™s ban on nuptials for gays and lesbians was unconstitutional.

ā€œWe saw what happened when a court usurps the obvious will of the people,ā€ Vander Plaats said. ā€œWhat happened there is the people of Iowa listened and they responded and they responded with the historic ouster of all the judges in the 2010 election.ā€

Supreme Court, gay marriage, same sex marriage, marriage equality, Proposition 8, Hollingsworth vs. Perry, gay news, Washington Blade, NOM, National Organization for Marriage

NOM President Brian Brown (Washington Blade photo by Michael Key)

Bishop Harry Jackson of Hope Christian Church of Beltsville, Md., claimed marriage between a man and woman reduces poverty and rates of youth incarceration, domestic violence and sexual abuse.

ā€œWhen a man and a woman are in the house, there is health, there is healing, there is peace, there is joy, thereā€™s security,ā€ he said. ā€œThere is the rule and reign of God in the house. One man, one woman is Godā€™s architectural plan so the desert places of urban America will bloom and blossom like a rose.ā€

An ABC News/Washington Post poll released last week shows 58 percent of Americans support marriage rights for same-sex couples. The survey further indicates 52 percent of Republican and GOP-leaning independents between 18-49 back nuptials for gays and lesbians.

Brown and other same-sex marriage opponents sought to discredit polls that continue to show a majority of Americans now support the issue.

Supreme Court, gay marriage, same sex marriage, marriage equality, Proposition 8, Hollingsworth vs. Perry, gay news, Washington Blade, NOM, National Organization for Marriage

(Washington Blade photo by Michael Key)

NOM Cultural Director Thomas Peters highlighted to the Blade a recent poll he did not identify that he said showed 60 percent of Americans ā€œbelieve in the proposition thatā€ marriage is between one man and one woman.

ā€œIn free and fair votes of the people in 31 states, weā€™ve won by over 60 percent,ā€ he said. ā€œEven in states like Rhode Island we are arguing for a public vote. Proponents of gay marriage donā€™t want the people to vote on it. I donā€™t think that gay marriage advocates even believe their own polls because even in deep blue states they donā€™t want to take the issue to the people.ā€

Jo-Ann Shain said she feels public opinion is one of the factors the justices should consider as they weigh the issue.

ā€œAlthough weā€™re married in our state, weā€™re not whole unless the feds recognize our marriages,ā€ she said.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

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, ā€œPennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because thatā€™s exactly what heā€™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 Pennsylvaniaā€™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.ā€ 

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.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

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, ā€œPresident Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history ā€” and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

ā€œThis 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 ā€” including the LGBTQI+ community ā€” and that we leave no community behind as we build an equitable and inclusiveĀ clean energy economy for all.ā€

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 nationā€™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.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measureā€™s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Millsā€™s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signedĀ 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 followsĀ several bomb threatsĀ targeting state legislators after social media attacks from far-right anti-trans influencers such asĀ Riley GainesĀ andĀ 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 Maineā€™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 Healthā€™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 theĀ 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 ā€¦ opening the door to criminalizing womenā€™s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who,Ā according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Childrenā€™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 Childrenā€™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 Childrenā€™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,Ā said in a statement, ā€œWe 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 couldnā€™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.ā€Ā 

Related

Destie Hohman Sprague of the Maine Womenā€™s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, ā€œA 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 statesā€™ rights and our citizensā€™ freedoms.ā€

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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