National
Seeking to ‘move Maine forward’ as governor
Recently out, Michaud could make history at the ballot
Rep. Mike Michaud (D-Maine) (Washington Blade photo by Michael Key)
Having only come out five months ago in several editorials in Maine newspapers, Mike Michaud is new to the club in terms of out public figures.
Nonetheless, he’s on the path to achieving a goal that has never been accomplished by any openly gay person: Winning a gubernatorial election.
During an interview with the Washington Blade in the office of one of his campaign’s consultants near Capitol Hill, Michaud tried to tamp down his sexual orientation as a factor in the race, but acknowledged the significance it places on his candidacy.
“That’s not why I ran for governor, because of my sexual orientation; it’s because I want to move Maine forward,” Michaud said. “But, quite frankly, if elected, it is historic, and I think it’ll also change the tone of the debate when you look at LGBT issues, not only in Maine, but throughout the country.”
The five-term member of Congress is seeking election in a state that legalized marriage equality at the ballot in 2012 and non-discrimination protections for LGBT people in 2005 (after earlier failed attempts).
“As governor, one of the advantages I’ll have is the opportunity to talk with some of my colleagues,” Michaud said. “As a matter of fact, the National Governors Association just met this week. To sit down with some of the governors talking about LGBT issues as it might come up in their particular states is something that I’m not hesitant to do, and it’s easier talking to peer-to-peer.”
As Michaud noted, the State House recently rejected by a 89-52 vote a measure that would carve out a portion of Maine’s civil rights law to allow individuals to discriminate, including on the basis of sexual orientation and gender identity.
It’s similar to a controversial “turn away the gay” bill pending before Arizona Gov. Jan Brewer (R) that would enable individuals and businesses to refuse service based on a sincerely held religious belief.
Michaud said he would veto any such measure that might reach his desk as governor, and furthermore said he believes Brewer “absolutely” should veto the version of the bill in her state. Recalling the recent meeting in D.C. of the National Governors Association, Michaud said “that would be something I would be able to talk with her about this week if I was governor.”
The Gay & Lesbian Victory Fund and Equality Maine have endorsed Michaud’s candidacy. The Human Rights Campaign hasn’t yet officially thrown its support behind him, but is expected to announce more endorsements for Election 2014 following an upcoming board meeting.
Elise Johansen, Equality Maine’s executive director, said a win by Michaud in the gubernatorial election would be historic for the country and the state — and maintained her organization will help him achieve the victory.
“We endorsed Congressman Michaud’s campaign for governor because we strongly believe that he is the best choice to lead Maine, for the LGBT community and everyone in our state.” Johansen said. “In addition to electing a proven leader with a long history of standing with LGBT Mainers, we have the opportunity to make history by electing our nation’s first openly-gay governor.”
No other Democrats are challenging Michaud for the nomination in the race, so he’ll carry the Democratic banner in what could be a three-way race.
On the Republican side is incumbent Gov. Paul LePage, who was first elected during the Tea Party wave in 2010 and was recently dubbed by Politico as “America’s Craziest Governor.” Also in contention is Eliot Cutler, an independent who’s a perennial candidate for Maine governor.
The race will be tight. Cook Political Report rates the contest as a toss-up, while Rothenberg Political Report considers the match toss-up/lean Democrat. Nonetheless, Michaud said the polling he sees in the race is promising.
“I feel pretty good about where we’re at; we’re leading in all the polls head-to-head,” Michaud said. “With our current governor, it’s a slam dunk, with a three-way race it complicates it a little more, but I feel really good about where we’re at.”
Making an impact by being out
Although he’s served in Congress since 2003, Michaud came out in November via a series of editorials published in the Portland Press Herald, the Bangor Daily News and the Associated Press.
“It never was an issue in my campaigns before,” Michaud said. “It appears that someone was trying to make it an issue this time around, so rather than let them make an issue, I decided to come out and move forward.”
The announcement came the same week that the Senate began considering the Employment Non-Discrimination Act, but Michaud said the timing was based on his presence in Maine as well as a pending endorsement from Maine firefighters and policemen. Because those groups tend to be more conservative, the campaign announced the news so those groups wouldn’t rescind their support afterward.
Nonetheless, Michaud said his announcement had a positive impact and recalled a story in which a restaurant owner who had a gay son wanted to speak with him.
“He actually literally had tears in his eyes because his son came out five months before that as gay,” Michaud said. “But the way he came out, he needed help, he was sick and needed help. And the fact that when I came out, it really lifted the spirits of his son.”
Saying the incident made him “feel really good” as he recalled what happened, Michaud said it was just one of several of cases of individuals who have told him it made a big difference.
Now that he’s out, Michaud said he sees no evidence of his sexual orientation being an issue among the candidates in the race — although he said a Tea Party challenger to Sen. Susan Collins (R-Maine) took to Twitter and Facebook to make it an issue.
Although he could be be the first openly gay person elected as governor, Michaud won’t be the first openly gay person to serve as governor. That distinction belongs to former New Jersey Gov. Jim McGreevey, who came out as gay in 2004 amid controversy before resigning.
Michaud is also not the only openly gay person seeking to win election as a governor in 2014. In Maryland, Del. Heather Mizeur is pursuing the Democratic nomination in a contentious primary. The Maine Democrat said he’s never met Mizeur and professed that he’s unaware of McGreevey.
Heading Michaud’s gubernatorial campaign is Matt McTighe, who also ran a successful campaign in 2012 to legalize marriage equality at the ballot in Maine in addition to heading Americans for Workplace Opportunity, a coalition of groups that pushed for passage of the Employment Non-Discrimination Act in the Senate last year.
Michaud said he supported the idea of bringing marriage equality to the ballot in Maine 2012 — despite what he said were persistent concerns among Democratic leadership at the legislature the issue would hamper Democrats at the ballot.
The Maine Democrat recalled a conversation he had with McTighe and then-Equality Maine executive director Betsy Smith before the decision was made to go forward.
“They were concerned where I might fall out on this particular issue, or they just wanted my perspective,” Michaud said. “I remember telling both of them, ‘If not now, when? Because when is the right time? Because in 2014, you’ll probably have the same excuse. Well, we have the governor’s race. We have to win it back. It’s not the right time. So, when is the right time?'”
The gamble paid off. Democrats regained control of the legislature that year, and the marriage equality initiative passed by a 53-47 percent vote, making it the first state ever to approve marriage equality purely through voter-intiatied ballot initiative.
“And I’m very glad they went with the campaign when they went with it,” Michaud said. “The way it was dealt with was it did change the hearts and minds of individuals one by one, and they made the difference.”
Michaud sees opportunity for ENDA
Before Michaud could be elected governor, he’s set to complete his 10th term in office representing Maine’s 2nd congressional district in the U.S. House. One item that remains on his agenda is continued push for passage of the Employment Non-Discrimination Act.
In 2007, Michaud was among the roughly two-dozen Democrats who voted against a version of ENDA that afforded protections only on the basis of sexual orientation after gender identity-related provisions were removed.
“It should be all-inclusive,” Michaud said. “I did vote against it because it was actually weaker than Maine’s law. I wasn’t going to vote for something that was weaker than Maine’s law. I wasn’t going to vote for something that was weaker than what Maine has already had on the books. Actually, Maine Equality encouraged a ‘no’ vote on the legislation.”
Michaud said he was among the members of the LGBT Equality Caucus who participated in a January meeting first reported by the Washington Blade with Speaker John Boehner (R-Ohio) in which ENDA was a topic.
Although gay Rep. Mark Takano (D-Calif.) told the Blade that Boehner said there’s “no way,” ENDA would come up this session, Michaud offered a slightly different version of events that didn’t throw quite as much cold water on the legislation, saying a lame duck effort on the bill remains possible.
“He actually wanted some more information on it, and we’re going to get him the information,” Michaud said. “They might have already sent it over; I’m not sure yet. He said it was highly unlikely that it would happen before the election, so hopefully there is a leeway maybe after the election. Hopefully, we can take it up in the lame duck session.”
Joining other supporters of the bill who say ENDA has sufficient support to pass the Republican-controlled House, Michaud predicted the measure would pass on the floor — if only Republican leadership would allow the legislation to come up.
“When you look at the overwhelming support, I believe that they’ll get that from the Democratic caucus,” Michaud said. “We’ll definitely have Republican support. I feel comfortable in that regard. Clearly, the more advance notice, we can have on it, the more opportunities we’ll be able to convince our colleagues to support it.”
Michaud declined to comment further on the meeting because of its private nature other than to say Boehner was “very gracious to meet with us.” It was the first time Boehner met with the LGBT Equality Caucus. Michaud said that Boehner chose to meet with the caucus even before President Obama granted an audience with the lawmakers.
Meanwhile, the Maine Democrat is adding his voice to others calling on President Obama to take administrative action against LGBT workplace discrimination by signing an executive order.
“It starts that ball moving,” Michaud said. “Until we see what might happen on the House side, since the Senate already passed it. I think it’s a good step in the right direction because if we can’t get it done in Congress, at least by executive order we’ll have 20 to 25 percent of workers covered.”
Michaud said the LGBT Equality Caucus is working on gathering signatures for another letter to President Obama to encourage him to sign the executive order.
Torey Carter, chief operating officer of the Gay & Lesbian Victory Fund, said Michaud’s candidacy is significant.
“Mike Michaud is uniquely qualified to serve as the next governor of Maine,” Carter said. “He is a visionary leader that is a strong voice for fairness, freedom and equality for all Mainers. As a member of Congress, he has been an unwavering supporter of LGBT issues, and if elected he would become the nation’s first out LGBT governor.”
National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.
The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing.
It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.
One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.
The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court.
One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.
The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.
President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.
Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.
In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.
The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.
Congress
Ogles faces bipartisan backlash over anti-gay social media post
Tenn. congressman blamed the comment on staffer
U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”
“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.
According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.
Following widespread criticism, Ogles removed the post and blamed it on a staff member.
“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.
The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.
Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.
“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”
U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.
“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”
Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.
“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”
Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.
“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”
The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”
Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.
Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
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