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Trumpcare appears defeated, but LGBT opponents remain wary

‘I don’t think we’ve heard the last from the GOP on healthcare’

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President Trump poses in cab of firetruck on day GOP support for Trumpcare crumbles. (Image courtesy of C-SPAN)

After Republican support crumbled for Trumpcare, LGBT advocacy groups that sought to preserve the Affordable Care Act are quietly confident it will remain in place — although they say they’re keeping a watchful eye.

Late Monday night, two Republicans — Sens. Mike Lee (R-Utah) and Jerry Moran (R-Kansas) — announced they’d vote “no” on the latest version of the Better Care Reconciliation Act proposed by Senate Majority Leader Mitch McConnell (R-Ky.). With Sens. Susan Collins (R-Maine) and Rand Paul (R-Ky.) already opposed to the bill, the defections of Lee and Moran assured defeat of the bill if it came to the floor.

David Stacy, government affairs director for the Human Rights Campaign, said despite the apparent failure of Trumpcare, now is not the time to rest.

“While we’re glad to see the Trump/McConnell plan to strip health care from millions of Americans has failed up until this point, by no means are we claiming complete victory,” Stacy said. “The ACA provides unprecedented access to health care for LGBTQ people and we simply cannot afford for this access to be taken away. HRC will continue to engage our millions of members across the country and keep the pressure on Congress to reject any proposals to dismantle our health care system.”

LGBT groups like the Human Rights Campaign oppose Trump’s effort to repeal and replace the ACA on the basis that many LGBT people gained insurance as a result of President Obama’s signature legislative achievement and because the measure would deny Medicaid reimbursements to Planned Parenthood, which touts its health services for LGBT people.

McConnell has pledged to bring to the floor legislation in the coming days that would repeal Obamacare without offering any replacement — a move that in addition to eliminating health care for millions of people would explode the deficit.

Even though the same bill passed the chamber in 2015, it’s unlikely to pass this time around without assurance of a presidential veto. Key Republicans — Sens. Lisa Murkowski (R-Alaska) and Shelly Moore Capito (R-W.Va.) — have said they’d vote “no.” Collins voted “no” in 2015 and said she’d do so again.

Mara Keisling, executive director of the National Center for Transgender Equality, nonetheless cautioned “cynical efforts to hurt Americans for political purposes” may still be on the way despite projections Trumpcare is dead.

“We are not confident that efforts to defund Planned Parenthood are dead,” Keisling said. “We are not confident that efforts to take healthcare away from trans service members and veterans are dead. We will continue to fight side-by-side with so many allies to make sure our healthcare system is improved and not dismantled and made accessible only to the wealthy. We are extremely confident that our side will fight harder and with solidarity to protect people’s lives than the powers that be will fight to hurt us.”

After the loss of GOP support for the Better Care Reconciliation Act, President Trump took to Twitter to lambast lawmakers, blaming the failure on “all of the Democrats and a few Republicans.”

“Most Republicans were loyal, terrific & worked really hard,” Trump tweeted. “We will return!”

The White House has maintained Trump made phone calls to lawmakers and met with them to encourage their support for the Senate health care bill. On Wednesday, Trump was set to hold a working lunch at the White House State Dining Room with Republican members of Congress to discuss health care.

Nonetheless, the general perception is Trump has been disengaged from efforts to repeal Obamacare — a signature promise during Trump’s presidential campaign. On Monday, the same day GOP support for Trumpcare crumbled, Trump posed for a photo-op in the cab of a firetruck parked on the White House lawn for “Made in America” week.

White House Deputy Principal Press Secretary Sarah Huckabee Sanders blamed Democrats on Tuesday for the failure of Trumpcare, even though they’re in the minority in Congress and weren’t responsible for GOP withdrawal from the bill.

“They’re responsible for passing Obamacare,” Sanders said. “They’re responsible for creating the mess that we’re in. They’re responsible for being unwilling to work with Republicans in any capacity to help fix a system that they know is completely flawed and have publicly said so. I think that it’s pretty clear, and I think the responsibility lies on their shoulders.”

Gregory Angelo, president of Log Cabin Republicans, said contrary to expectations that Trumpcare is dead, he wouldn’t rule out Republican efforts to reform health care law.

“I don’t think we’ve heard the last from the GOP on healthcare,” Angelo said. “Whether it’s repeal, replace, reform, or some combination thereof, the continuing collapse of Obamacare, spikes in premiums and insurer exits from exchanges will necessitate that Republicans act sooner or later.”

Trump himself may take unilateral action. On Tuesday, he told reporters “we’re probably in that position where we’ll let Obamacare fail” in the aftermath of crumbling support for the bill.

“We’re not going to own it. I’m not going to own it,” Trump said. “I can tell you the Republicans are not going to own it. We’ll let Obamacare fail and then the Democrats are going to come to us and they are going to say ‘how do we fix it, how do we fix it’ or ‘how do we come up with a new plan?’”

Trump’s position for some time has been that Obamacare is a dead program, but his remarks raise questions about whether the Trump administration would seek to administratively undermine the Affordable Care Act, such as by denying subsidies to health care recipients who qualify for them.

At the White House, Sanders wouldn’t commit the president to support the subsidies and the executive sustenance required under the Affordable Care Act.

“As has been the case since we got here, we’ll continue to keep you posted as decisions and changes are made, or if they’re not,” Sanders said.

Meanwhile, bipartisan talks on health care are happening. Sen. Tom Carper (D-Del.) told the Daily Beast a bipartisan group of senators spoke Tuesday night about possible fixes to Obamacare that don’t involve repealing the law.

“Democrats, Republicans, and I think one independent slipped in as well,” Carper was quoted as saying. “I’m more encouraged at this point than I’ve been in quite some while that we might somehow be able to find a road, a path together.”

A major criticism from LGBT groups — as well as HIV/AIDS advocacy groups — was the inclusion in GOP plans to replace Obamacare of a provision to undo the Medicaid expansion under the Affordable Care Act. That rose the income level to qualify for care under that program to 133 percent of the poverty level — provided the states agreed to it.

An estimated 40 percent of people with HIV — a disease that still disproportionately affects LGBT people — received coverage under Medicaid.

Carl Schmid, deputy executive director of AIDS Action, said he expects Obamacare to remain the law and is “greatly relieved,” but nonetheless noted the need for change of the health care system.

“There is much that the administration can do through regulation to alter health care — private insurance plans and Medicaid — and [we] expect them to do that, actually they have started to make changes as well,” Schmid said. “As they make changes, we want to make sure they do not restrict access and benefits and loosen important patient protections. Legislative fixes are still needed, premiums and patient cost-sharing are too high, and we hope that they can happen on a bi-partisan basis.”

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Comings & Goings

Freedman-Gurspan takes role in Mass. governor’s administration

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Raffi Freedman-Gurspan

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Raffi Freedman-Gurspan on being appointed Associate Director, Federal Funding & Infrastructure Office, at the Massachusetts Executive Office for Administration & Finance. Freedman-Gurspan will be returning to her hometown of Boston and joining Gov. Maura Healey’s Administration. Freedman-Gurspan served in both the Obama and Biden administrations as well as worked in LGBTQ and redistricting advocacy during her 11 years in D.C. 

Freedman-Gurspan was the first openly transgender person on the White House staff when she worked for President Obama. She most recently served at the U.S. Department of Transportation in former Secretary Pete Buttigieg’s office, as Deputy Director of Public Engagement. Previously she worked with the National Redistricting Action Fund/The All On The Line Campaign, as Deputy States Director.  She worked for the National Center for Transgender Equality (NCTE) as Director of External Relations. In the Obama White House, she worked in the Office of Public Engagement, as Senior Associate Director. She was the White House Liaison to the LGBTQ community responsible for management of all public inquiries on matters regarding LGBTQ people, including recommending public responses to senior leadership, assisting in drafting administration talking points, and coordinating stakeholder engagement with the White House offices.  She worked with the White House, Presidential Personnel Office (PPO), as Outreach and Recruitment Director.  

Prior to that she was on the staff of Commonwealth of Massachusetts, House of Representatives Office of State Rep. Carl Sciortino, as legislative director, and worked for the City of Somerville, Health Department, Office of Commissions, Somerville, Mass., as LGBTQ Liaison.  

Freedman-Gurspan served on the United States Holocaust Memorial Council, the Presidentially Appointed Council; and as a member, and Board Member, Boston University, College of Arts and Sciences, Women’s, Gender & Sexuality Studies Program.

She earned her bachelor’s degree in Political Science and Norwegian, concentration in Nordic Studies, from St. Olaf College, Northfield, Minn.  

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District of Columbia

Murdered Israeli embassy officials were supporters of D.C.’s LGBTQ synagogue

Bet Mishpachah calls fatal shooting outside Capital Jewish Museum ‘devastating’

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Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, Oct. 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind & Al Munzer)

The two Israeli embassy officials who were shot to death outside D.C.’s Capital Jewish Museum Wednesday evening, May 21, were strong supporters of Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, according to a statement it released.

“We are especially devastated by the loss of our dear colleague and friend of Bet Mishpachah, Sarah Milgram, and her soon to be fiancé, Yaron Lischinsky,” the LGBTQ synagogue said in a May 22 statement.

“Sarah was the liaison between Bet Mishpachah  and the Israeli Embassy, working closely with our staff and clergy,” the statement says. “Her warmth, professionalism, and deep commitment to building bridges within the Jewish community made her not only a trusted partner but a beloved part of our extended congregational family,” according to the statement.

A statement also released on May 22 by the office of the United States Attorney for the District of Columbia says Chicago resident Elias Rodriguez, 30, has been charged with two counts of first-degree murder along with other weapons related charges in connection with the shooting deaths of Milgram and Lischinsky. 

Officials with the D.C. police and the FBI, which has joined D.C. police in continuing to investigate the case, have said Rodriquez arrived in D.C. from Chicago one day prior to the shooting and appears to have targeted an event taking place at the Capital Jewish Museum for violence at the time it was hosting an event called “Young Diplomats Reception,” in which Israeli Embassy officials were in attendance.

Police and FBI officials have said Rodriguez allegedly shot Milgrim and Lischinsky after they left the Capital Jewish Museum at the conclusion of the event. The museum is located at 575 3rd Street, N.W.

“Surveillance footage reportedly shows Rodriquez walking past the victims before turning and firing multiple rounds,” the U.S. Attorney’s statement says. “After the victims fell, he allegedly continued firing at close range, including as one attempted to crawl away,” it says, adding, “Investigators recovered a 9 mm handgun and 21 spent shell casings at the scene.”

Police have said Rodriguez walked into the Capital Jewish Museum after the shooting and was detained by security guards until D.C. police arrived. Witnesses said he began to shout, “free, free Palestine” before police took him into custody. 

“Make no mistake, this attack was targeted, antisemitic violence,” said Steven Jenson, an FBI assistant director working on the investigation. “The FBI will continue to pursue all leads and use all available resources to investigate this heinous murder,” he said in the statement. 

The fatal shooting took place five days after the Capital Jewish Museum opened a special exhibition called “LGBT Jews in the Federal City” on May 16. “This landmark exhibition explores a turbulent century of celebrations, activism, and change in the nation’s capital by D.C.’s LGBTQ+ Jewish community,” the museum said in a statement announcing the exhibition.

Photos and documents related to Bet Mishpachah make up a prominent part of the exhibition.

During a May 22 press conference organized by the U.S. Attorney for D.C., Jeanine Pirro, to provide an update on the investigation into the two murders, Pirro and FBI official Jensen referred to the two murders as a hate crime and terrorist act. 

In response to a question from the Washington Blade asking if investigators were looking into whether the LGBTQ exhibition at the Capital Jewish Museum might have played some role in Gonzales’s motive for targeting the museum, Pirro responded to the question.

“So, we are looking into absolutely everything,” she said. “There is so much information we’re looking at. And I must tell you, coming from New York, I’ve never seen the cooperation and coordination that I’m seeing here. It was immediate. It was instant. It was coordinated. And my hat’s off to this area. We’re going to clean it up, thank you,” she said in ending the press conference.

Josh Maxey, Bet Mishpachah’s executive director, said he and Israeli Embassy official Milgram became friends during their two-and-a-half-year interaction working on joint events between the embassy and Bet Mishpachah.

“This became a wonderful two and a half years journey of putting events together, of hosting events together, doing different programs for the community,” Maxey told the Blade. Among the activities the two worked on, he said, was the embassy’s annual LGBTQ Pride event.

Maxie said his own grieving over the death of Milgram and her boyfriend Lischinsky was heightened by the fact that he spoke with her by phone on the day of the shooting shortly before she arrived at the Jewish Museum over plans about this year’s LGBTQ Pride events.

“Sarah really championed us to be included in Israeli events,” Maxey said. “And so, I am just devastated that this true embodiment of an ally was so viciously and violently taken away from us.”

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Delaware

Delaware marriage equality bill advances out of committee

Measure will now go before full state Senate

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Sen. Russ Huxtable introduced the measure to protect same-sex marriage in Delaware. (Washington Blade photo by Daniel Truitt)

The bill that would amend Delaware’s state constitution to codify same-sex marriage advanced out of the Senate Executive Committee on Wednesday and now goes to the Senate chamber for a vote. If passed, the vote would go on to the House. 

Three members of the committee voted favorable and one voted on its merits, meaning the member recommends the chamber take action on the legislation but does not take a position on what action should be taken. 

Senate Bill 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware and has 21 co-sponsors. It is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex. 

The Wednesday committee meeting heard testimony on SS 1 for SB 100 from individuals and organizations, including John Reynolds, Deputy Policy and Advocacy Director of Delaware’s chapter of the American Civil Liberties Union. 

“After hard fought recent victories, the rights of LGBTQ Americans are under attack in many places across our country,” Reynolds said during his testimony. “It is important that Delaware be proactive and serve as a firewall protecting individual civil liberties. SS 1 for SB 100 is an example of this important work cementing the protections for marriage equality in our state constitution.”

According to Sen. Huxtable, the ACLU helped provide feedback on some of the bill’s language. Reynolds said the ACLU thought it was important to testify because this is a moment when so much is changing.

“These attacks are not just on specific communities, they’re on this concept of equality and liberty,” Reynolds told the Washington Blade. “We need to build these firewalls to both prevent harm to folks on the frontline of these attacks but also ensure that we don’t set very problematic and damaging standards that can be used to roll back protections for large [swaths] of our population.”

SS 1 for SB 100 requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state constitution without a vote of the people. 

The Respect for Marriage Act was passed by the United States Congress in 2022 and signed into law by then-President Joe Biden. It codifies the right to same-sex and interracial marriage, requiring all states to recognize validly performed marriages from other states, regardless of whether they allow same-sex marriage within their own borders. 

In Virginia, a bill codifying marriage equality was signed into law in 2024. California, Colorado and Hawaii have also passed amendments to codify same-sex marriage into their constitutions. 

“We at the ACLU of Delaware are very excited that SS 1 for SB 100 passed out of committee yesterday,” Reynolds said. “It represents both Sen. Huxtable and the Delaware Legislature’s clear commitment to proactively protecting people’s rights within the LGBT community and outside to ensure that in this moment of uncertainty, we don’t sit idly by and wait for the worst to happen but take control of the things that we can to build the communities that we want.”

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