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Efforts to pass federal LGBTQ protections boosted with $6.5 million donation

Donations seek to duplicate success of marriage-equality movement

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Sen. Tammy Baldwin (D-Wis.) speaks at a news conference for the Equality Act. (Blade file photo by Michael Key)

Efforts to pass a measure expanding the prohibition on discrimination against LGBTQ people under federal law have gotten a big boost with a nearly $6.5 million donation from a coalition of non-profits for an education campaign, the Washington Blade has learned exclusively.

The San Francisco-based Evelyn & Walter Haas, Jr. Fund coordinated the grants, which seek to duplicate the success of the movement that achieved same-sex marriage nationwide to enact federal non-discrimination protections this year.

The contributions are intended ā€œto educate the public and policymakers about the need for a federal response to anti-LGBTQ discrimination,ā€ according to a statement.

ā€œItā€™s long past time for the federal government to respond to the profound harms caused by pervasive discrimination against LGBT people,ā€ Cathy Cha, CEO of the Evelyn and Walter Haas, Jr. Fund said in a statement.

The Evelyn and Walter Haas, Jr. Fund for more than two decades has been at the forefront of supporting LGBTQ rights, including non-discrimination protections. It was the first foundation to embrace same-sex marriage as a priority and contributed more than $39 million to the marriage equality movement, according to a statement.

Other groups that have contributed to the $6.5 million in donations are the Gill Foundation, the Ford Foundation, Horizons Foundation, the Overbrook Foundation, the Pride Foundation and other philanthropic institutions. The contribution builds on the $1 million the Gill Foundation gave in support at the start of this year.

Scott Miller, co-chair of the Gill Foundation, said in a statement ā€œthe funders and advocates who helped win the right to marry for LGBTQ people have joined forces again and expanded our coalition in pursuit of equality for all Americans.ā€

ā€œThis alliance speaks to the unprecedented opportunity ā€“ and the long overdue need ā€“ to make sure everyone in this country is equal under the law,ā€ Miller added.

The donations are announced as LGBTQ rights supporters are seeking to pass the Equality Act in Congress. The measure has cleared the House, but faces an uncertain future in the U.S. Senate, where 10 Republicans would be needed to overcome a filibuster.

The contributions, however, arenā€™t directed at passing the Equality Act per se because the contributors are 501(c)3 tax-exempt foundations and are unable to endorse any particular piece of legislation. The campaign is more generally geared toward supporting a solution for non-discrimination protections at the federal level.

Groups specifically seeking to pass the Equality Act, however, praised the $6.5 million as a welcome addition to the effort.

Kasey Suffredini, CEO of Freedom for All Americans, said in a statement the LGBTQ community is ā€œcloser than it has ever been to completing its nearly 50-year pursuit of nationwide nondiscrimination protections for all LGBTQ people.ā€

ā€œSince the first federal non-discrimination measure was introduced in Congress in 1974, the generous contributions of foundations and major donors have powered our ability to show our fellow Americans who we are and challenges we face, opening hearts and changing minds in the process,ā€ Suffredini said. ā€œWith a very short window to seize this once-in-a-generation opportunity, we are grateful again to these philanthropists for rising to the moment to carry our community over the finish line.ā€

In terms of where the money is going exactly, one-third of the Fundā€™s grants have been made to national organizations, including $800,000 to Freedom for All Americans Education Fund. 

Additionally, money will go toward ā€œempowering constituents to have conversations with lawmakers in more than 12 states, including Florida, Georgia, North Carolina, Ohio and Texas,ā€ according to a statement. State groups are seen as key in the effort to convince moderate senators to support an LGBTQ non-discrimination measure.

Tyler Deaton, senior adviser of the American Unity Fund, echoed the praise for the donations. In addition to supporting the Equality Act, his organization is pushing for the Fairness for All Act, the Republican compromise measure for LGBTQ rights and religious freedom.

ā€œThis is the best moment weā€™ve ever had to win full freedom for LGBTQ Americans, and we can win as long as we come together with allies all across the political spectrum and respectfully address everyoneā€™s reasonable concerns,ā€ Deaton 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 

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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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