Republican presidential candidate George Pataki may be trailing in the polls, but that isn’t stopping him from insisting he’s the best candidate for the job — including for LGBT voters.
The former New York governor and 2016 presidential hopeful made his pitch for LGBT support Thursday afternoon during a sit-down interview with the Washington Blade at the Mayflower Hotel in Washington, D.C.
Pataki, 70, issued a call for unity when asked why LGBT people should support him when they have allies in Democratic presidential candidates like front-runner Hillary Clinton, saying, “with any constituency you look at a broad range of issues.”
“I think when you look at the challenges facing our country, I’m the right person to bring us together, to convince Americans that we are one America, that we have a common future, and that we have enormous challenges facing us as a country, but that when we stand together we can overcome those challenges,” Pataki said. “Whether they’re protecting our national security, growing our economy, getting Washington out of our lives, creating public confidence in the future of America and the American Dream again — I think these are things that I know I can do.”
The self-described libertarian made note of his bipartisan record as a thrice-elected New York governor and said he could work across party lines to bring the country together.
“I was able to govern, change the state as a Republican in a very Democratic state, so the challenges in Washington don’t faze me, the challenges facing our country don’t faze me,” Pataki said. “When we stand together we can accomplish anything.”
On LGBT issues, Pataki wouldn’t take any policy position that would advance LGBT rights, but he said the Republican Party should avoid attacks on LGBT people.
For example, Pataki stopped short of saying he supports the recent U.S. Supreme Court decision in favor of same-sex marriage. At the same time, he declined to support, unlike other Republican presidential candidates, an amendment to the U.S. Constitution to undermine the decision.
“I accept the ruling,” Pataki said. “I don’t think we should — Republicans or others — shouldn’t seek a constitutional amendment to overturn it. I happen to think that change is best made by the states through the legislative process, but the court has ruled, the decision is done and that is the law of the land.”
Despite media speculation that Pataki may come out in support of same-sex marriage, he denied that was the case.
“Personally, I think marriage is between a man and a woman, but I accept the fact that the court has ruled and that is the law of the land,” Pataki said.
Pataki’s interview with the Blade took place less than an hour after Democrats on Capitol Hill announced the introduction of the Equality Act, which would enact sweeping non-discrimination protections for LGBT people in all areas of civil rights law.
Asked whether he would support the legislation, Pataki demurred, but pointed to his signature in 2002 on the Sexual Orientation Non-Discrimination Act in New York, which prohibits bias on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit and the exercise of civil rights.
“First of all, for 20 years, Democrats tried to get that legislation in New York,” Pataki said. “I got that legislation through, the Sexual Orientation Non-Discrimination Act, and signed it into law in New York. I haven’t seen the federal legislation. I guess it’s brand new. My general philosophy is that I’d like to see things done at the state level as opposed to federal mandate, but I will take a look at that.”
Reflecting on passage of the legislation at the state level in New York, Pataki said opposition to passing the bill faded away under his leadership as governor.
“For the longest time, there was opposition, but I provided the leadership and explained quite simply it was about having equal protection under the law for everyone in New York State,” Pataki said. “It was amazing how quickly that legislation and that opposition largely fell into place and accepted the fact that we’re going to add gays and lesbians to the existing civil rights law protections.”
It should be noted the sexual orientation non-discrimination law in New York lacks protections on the basis of gender identity, making New York one of three states with sexual orientation protections, but nothing for transgender people. In 2009, then-New York Gov. David Paterson signed an executive order expanding New York’s law to cover transgender people, but LGBT advocates have thus far been unsuccessful in adding gender identity to the statute itself.
Other LGBT advances that Pataki championed include signing a hate crimes protection measure into law in 2000 and an executive order after the terrorist attack on 9/11 authorizing crime victim awards to anyone who could show a sufficient relationship to a victim in the attacks, including same-sex relationships. In 2002, the Empire State Pride Agenda, a New York-based advocacy group, endorsed Pataki over Democratic challenger Carl McCall based on the Republican’s record.
From the beginning of his campaign, Pataki has said attacks on gay people are unproductive for the Republican Party. In his campaign video in March, the candidate said discussion of abortion and gay rights are a “distraction” for the GOP that will only help Clinton win in 2016.
Pataki made the case that the federal government should stay out of those issues when asked by the Blade to elaborate on his “distraction” remarks.
“Too often, Republican candidates focus on trying to overturn Roe v. Wade, trying to have Washington rule for — this is pre-Supreme Court decision — tell every state what its laws on marriage have to be,” Pataki said. “In New York State, through the political process, New York legalized gay marriage. I don’t think it was the federal government’s right or the correct thing to tell New York what it had to do. So that was the point was that our candidates should be focused on challenges facing our country as opposed to dealing with issues that I believe are appropriately left to the people and the states.”
Despite his more moderate tone on gay issues, Pataki has also tried to appeal to social conservatives. Last month, Pataki was a last-minute addition to the list of speakers at the Faith & Freedom Coalition “Road to Majority” conference in D.C., where he talked about efforts to uphold religious freedom as governor.
Although the event was organized by groups that seek to curtail LGBT rights, Pataki said he sees no conflict between speaking at the event and seeking support from LGBT people.
“I think one of the things I want to see stopped in this country is demeaning people because they have a different viewpoint,” Pataki said. “A viewpoint that is dominant today might not be dominant tomorrow. I think we have to respect all opinions and tolerance is not just something that we should express when we agree with someone expressing a particular viewpoint. Tolerance is most important when you’re expressing it with people whom you don’t agree with. On strengthening the family, on the need to protect people’s ability to practice their faith, I think those are important rights.”
In the aftermath of transgender athlete and TV personality Caitlyn Jenner’s public transition, Pataki in June took Republican presidential candidate Mike Huckabee to task for his criticism, saying on CNN if people choose a different path in life “we should respect that as opposed to mocking it.”
Asked if he would give voice to transgender visibility as president, Pataki said he’d show respect for everyone, but cautioned against “beginning to identify as a narrow subgroup.”
“I’m not referring to transgender; I’m referring to whether you’re a conservative Republican or any other different groups,” Pataki added. “And we have to stop thinking of ourselves as part of a sub-group and thinking of ourselves as Americans who have a common future and so much more in common. And that requires that we show respect for everyone and allow Americans to make their choices and to live in dignity, and that’s certainly the approach that I would provide to the transgender community and certainly to Caitlyn Jenner.”
In the wake of what may be the 11th murder of a transgender person this year based on gender identity and the violent killing of India Clarke in Florida, who was beaten to death, Pataki said the best way to address pervasive anti-trans violence is the “respect and enforcement of criminal laws.”
“It is a crime. Period,” Pataki said. “It is a act of violence and a felony, I’m sure, in every state to assault someone regardless of motivation. And that person should be prosecuted and put in jail. But ultimately what it comes down to is tolerance and respect.”
Pataki said he would defer to military leaders on whether open transgender service is a good idea following the announcement from the Pentagon that it would the start of process on lifting its ban through a six-month working group study.
“I would defer to the decisions of the military,” Pataki said. “If in fact, they believe that it’s something that can be accomplished without negatively impacting our military, then I’d defer to their judgment.”
The candidate has been a strong critic of the proposed Iran deal endorsed by President Obama, which seeks to to ensure the country doesn’t obtain nuclear weapons through additional oversight in exchange for the lifting of some economic sanctions.
Pataki said continued human rights abuses in Iran, including the execution of gays and persecution of religious minorities and women, is “absolutely” a reason to reject the agreement.
“Billions of dollars of economic relief will be used to continue their terrorist activities,” Pataki said. “That was acknowledged by Susan Rice and one of those activities is footing [Syrian President Bashar al-]Assad’s use of chemical weapons against his own civilian population, which is a crime against humanity. So whether it’s denial of basic rights to the people of Iran, or engaging in other terrorist activities in countries around the world, this is a terrible deal not just for the United States, but for the civilized world.”
Making the case that Washington “has too great an impact on the day-to-day lives of ordinary Americans,” Pataki said LGBT people fit into his worldview the same as other individuals.
“They fit the same way everybody else does,” Pataki said. “I’m a great believer in treating people as individuals and treating people and allowing people the freedom to choose their own course and their own path.”
Top 10 Blade news stories by web traffic
COVID breakthroughs, Equality Act, and anti-trans attacks
Each year our staff gathers in late December to review the highest trafficked stories of the year and there’s more than a little bit of competitive spirit as we review the results. Here are the top 10 stories by web traffic at HYPERLINK “http://washingtonblade.com”washingtonblade.com for 2021.
#10: Mark Glaze, gun reform advocate, dies at 51
The sad, tragic story of Glaze’s death captivated readers in November.
#9: COVID breakthrough infections strike summer tourists visiting Provincetown
This one went viral in July after a COVID outbreak was blamed on gay tourists.
#8: Thank you, Kordell Stewart, for thoughtful response to ‘the rumor’
This opinion piece thanked the former NFL quarterback for writing a personal essay addressing gay rumors.
#7: Elliot Page tweets; trans bb’s first swim trunks #transjoy #transisbeautiful
The actor created excitement by posting his first photo in swim trunks back in May.
#6: Romney declares opposition to LGBTQ Equality Act
Mitt Romney disappointed activists with his announcement; the Equality Act passed the House but never saw a vote in the Senate.
#5: White House warns state legislatures that passing anti-trans bills is illegal
The year 2021 saw a disturbing trend of GOP-led legislatures attacking trans people.
#4: Lincoln Project’s avowed ignorance of Weaver texts undercut by leaked communications
The Lincoln Project’s leaders, amid a scandal of co-founder John Weaver soliciting sexual favors from young men, have asserted they were unaware of his indiscretions until the Blade obtained electronic communications that called that claim into question.
#3: FOX 5’s McCoy suspended over offensive Tweet
Blake McCoy tweeted that obese people shouldn’t get priority for the COVID vaccine.
#2: Transgender USAF veteran trapped in Taliban takeover of Kabul
Among the Americans trapped in the suburban areas of Kabul under Taliban control was a transgender government contractor for the U.S. State Department and former U.S. Air Force Sergeant. She was later safely evacuated.
#1: Amid coup chaos, Trump quietly erases LGBTQ protections in adoption, health services
And our most popular story of 2021 was about the Trump administration nixing regulations barring federal grantees in the Department of Health & Human Services from discriminating against LGBTQ people, including in adoption services.
CDC still falling short on LGBTQ data collection for COVID patients: expert
Despite requests since the start of the COVID pandemic for the U.S. government to enhance data collection for patients who are LGBTQ, the Centers for Disease Control & Prevention is still falling short on issuing nationwide guidance to states on the issue, a leading expert health on the issue told the Blade.
With a renewed focus on COVID infections reaching new heights just before the start of the holidays amid the emergence of Omicron, the absence of any LGBTQ data collection — now across both the Trump and Biden administrations — remains a sore point for health experts who say that information could be used for public outreach.
Sean Cahill, director of Health Policy Research at the Boston-based Fenway Institute, said Wednesday major federal entities and hospitals have been collecting data on whether patients identify as LGBTQ for years — such as the National Health & Nutrition Examination Survey, which has been collecting sexual orientation data since the 1990s — but the CDC hasn’t duplicated that effort for COVID even though the pandemic has been underway for two years.
“It’s not like this is a new idea,” Cahill said. “But for some reason, the pandemic hit, and all of a sudden, we realize how little systematic data we were collecting in our health system. And it’s a real problem because we’re two years into the pandemic almost, and we still don’t know how it’s affecting this vulnerable population that experiences health disparities in other areas.”
The Blade was among the first outlets to report on the lack of efforts by the states to collect data on whether a COVID patient identifies as LGBTQ, reporting in April 2020 on the absence of data even in places with influential LGBTQ communities. The CDC hasn’t responded to the Blade’s requests for nearly two years on why it doesn’t instruct states to collect this data, nor did it respond this week to a request for comment on this article.
Cahill, who has published articles in the American Journal of Public Health on the importance of LGBTQ data collection and reporting in COVID-19 testing, care, and vaccination — said he’s been making the case to the CDC to issue guidance to states on whether COVID patients identify as LGBTQ since June 2020.
Among those efforts, he said, were to include two comments he delivered to the Biden COVID-19 Health Equity Task Force in spring 2021, a letter a coalition of groups sent to the Association of State & Territorial Health Officers asking for states to collect and report SOGI in COVID in December 2020 as well as letters to HHS leadership and congressional leadership in spring and summer 2020 asking for them to take steps to encourage or require SOGI data collection in COVID.
Asked what CDC officials had to say in response when he brought this issue to their attention, Cahill said, “They listen, but they don’t really tell me anything.”
“We’ve been making that case, and to date, as of December 22, 2021, they have not issued guidance, they have not changed the case report form. I hope that they’re in the process of doing that, and maybe we’ll be pleasantly surprised in January, and they’ll come up with something…I really hope that’s true, but right now they’re not doing anything to promote SOGI data collection and reporting in surveillance data.”
Cahill, in an email to the Blade after the initial publication of this article, clarified CDC has indicated guidance on LGBTQ data collection for COVID patients may come in the near future.
“HHS leaders told us this fall that CDC is working on an initiative to expand SOGI data collection,” Cahill said. “We are hopeful that we will see guidance early in 2022. Key people at CDC, including Director Walensky, understand the importance of SOGI data collection given their long history of working on HIV prevention.”
In other issues related to LGBTQ data collection, there has been a history of states resisting federal mandates. The Trump administration, for example, rescinded guidance calling on states to collect information on whether foster youth identified as LGBTQ after complaints from states on the Obama-era process, much to the consternation of LGBTQ advocates who said the data was helpful.
The White House COVID-19 Health Equity Task Force has at least recognized the potential for enhancing LGBTQ data collection efforts. Last month, it published an implementation plan, calling for “an equity-centered approach to data collection, including sufficient funding to collect data for groups that are often left out of data collection (e.g….LGBTQIA+ people).”
The plan also calls for “fund[ing] activities to improve data collection…including tracking COVID-19 related outcomes for people of color and other underserved populations,” and specifically calls for the collection of LGBTQ data.
The importance of collecting LGBTQ data, Cahill said, is based on its potential use in public outreach, including efforts to recognize disparities in health population and to create messaging for outreach, including for populations that may be reluctant to take the vaccine.
“If we see a disparity, we can say: Why is that?” Cahill said. “We could do focus groups of the population — try to understand and then what kind of messages would reassure you and make you feel comfortable getting a vaccine, and we could push those messages out through public education campaigns led by state local health departments led by the federal government.”
The LGBTQ data, Cahill said, could be broken down further to determine if racial and ethnic disparities exist within the LGBTQ population, or whether LGBTQ people are likely to suffer from the disease in certain regions, such as the South.
“We have data showing that lesbian or bisexual women, and transgender people are less likely to be in preventive regular routine care for their health,” Cahill said. “And so if that’s true, there’s a good chance that they’re less likely to know where to get a vaccine, to have a medical professional they trust to talk to about it today.”
Among the leaders who are supportive, Cahill said, is Rachel Levine, assistant secretary for health and the first openly transgender person confirmed by the U.S. Senate for a presidential appointment. Cahill said he raised the issue with her along with other officials at the Department of Health & Human Services three times in the last year.
In her previous role as Pennsylvania secretary of health, Levine led the way and made her state the first in the nation to set up an LGBTQ data collection system for COVID patients.
“So she definitely gets it, and I know she’s supportive of it, but we really need the CDC to act,” Cahill said.
Although the federal government has remained intransigent in taking action, Cahill said the situation has improved among states and counted five states — California, Pennsylvania, Rhode Island, Nevada and Oregon — in addition to D.C. as among those that have elected to collect data on sexual orientation and gender identity of COVID patients.
However, Cahill said even those data collection efforts are falling short because those jurisdictions have merely been public about collecting the data, but haven’t reported back anything yet.
“Only California has reported data publicly, and the data that they’re reporting is really just the completeness of the data,” Cahill said. “They’re not reporting the data itself…And they’re also just asking people who tests positive. So, if somebody says positive COVID in California, a contact tracer follows up with that individual and asks them a battery of questions, and among the questions that are asked are SOGI questions.”
As a result of these efforts, Cahill said, California has data on the LGBTQ status of COVID patients, but the data is overwhelmingly more complete for the gender identity of these patients rather than their sexual orientation. As of May 2021, California reported that they had sexual orientation data for 9.5 percent of individuals who had died from COVID and 16 percent of people who tested positive, but for gender identity, the data were 99.5 percent.
Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead
No political willpower to force vote or reach a compromise
Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.
Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.
In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.
If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.
“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”
The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.
Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”
“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process. We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”
Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.
“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”
A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.
Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”
Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.
The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.
Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.
“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”
Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.
For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.
Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”
“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”
But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.
No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.
Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.
“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”
Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.
Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.
Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.
To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.
A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.
“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”
But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.
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