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Overview of over 300 anti-LGBTQ+ bills in 2022

As Republican politicians continue to push for limits to LGBTQ+ rights, many LGBTQ+ people & their allies promise to continue fighting

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Graphic via The Human Rights Campaign

In May 2021, the Human Rights Campaign (HRC) officially announced the worst year for anti-LGBTQ+ legislation in recent history. At the time, state lawmakers introduced over 250 bills – from anti-Trans sports legislation to religious refusal measures – in statehouses across the country, 17 of which were enacted into law. 

Now, LGBTQ+ rights in states seem to be taking even more of a hit. According to HRC, over 300 anti-LGBTQ+ bills have surfaced in 36 Legislatures. As the legislation increases – 41 such measures were introduced in 2018 – so does the number of bills passed and enshrined into state law, though LGBTQ+ advocates often challenge the laws in court.  

The legislation overwhelmingly targets Trans youth, according to the organization, from blocking participation in sports to baring access to gender-affirming care. Lawmakers have also attempted, and in some cases passed, legislation limiting how LGBTQ+ issues can be taught in schools and keeping Trans kids from using restrooms that correspond with their gender identity. 

“2022 is on track to surpass last year’s record number of anti-transgender bills,” Cathryn Oakley, state legislative director and senior counsel at the HRC, told the Blade, calling the “legislative attacks” on Trans youth “craven, baseless, and an effort to create more division, fearmonger, and rile up radical right-wing voters at the expense of innocent kids.”

Proponents of the bills say they are to “protect” parental rights, children and religious freedom. However, LGBTQ+ advocates and people continue to denounce the legislation as discriminatory and harmful. 

This year, one of the most talked-about anti-LGBTQ+ measures was Florida’s so-called “Don’t Say Gay” bill, which Republican Gov. Ron DeSantis signed into law last month. The legislation will ban classroom instruction about sexual orientation and gender identity in grades K-3 if it survives legal challenges. 

Days after DeSantis signed the bill, the first lawsuit against the measure emerged, arguing the statute “would deny to an entire generation that LGBTQ people exist and have equal dignity.”

“This effort to control young minds through state censorship —and to demean LGBTQ lives by denying their reality — is a grave abuse of power,” the lawsuit says.

Since Republican sponsors successfully pushed the bill through, other states have followed in Florida’s footsteps. Ohio, for example, introduced its version of the legislation roughly a week after DeSantis’ signature. 

In Alabama, Republican Gov. Kay Ivey signed an anti-Trans bathroom bill with a last-minute amendment to keep educators from discussing gender identity and sexual orientation in grades K-5. Ivey didn’t stop there, also signing a bill that would ban gender-affirming care for minors. 

Like Florida, LGBTQ+ advocates were quick to announce legal challenges to the legislation. Some of the most prominent LGBTQ+ and civil rights organizations – including the HRC, GLAD and Southern Poverty Law Center (SPLC) – announced a legal challenge in federal court against Alabama’s gender-affirming care ban. 

In terms of legislation introduced, Tennessee has far outpaced other states, according to LGBTQ+ rights organization Freedom for All Americans. The group’s legislative tracker found over 30 bills limiting LGBTQ+ rights in the state – including a “Don’t Say Gay” bill and a ban on LGBTQ-themed literature in schools. But, unlike other Republican-controlled states, none have made it out of the statehouse. 

Arizona has also been a hotspot for anti-LGBTQ+ legislation, with at least 17 bills, according to Freedom for All Americans. In March, Republican Gov. Doug Ducey signed two bills limiting the rights of Trans people in the state – one banning some types of medical care for Trans youth, and the other preventing Trans students from participating in school sports consistent with their gender identity.

“Across the country, moderate Republicans are struggling—and too often failing—to stop the takeover of their party by dangerous extremists,” Shannon Minter, legal director for the National Center for Lesbian Rights (NCLR), told the Blade at the time, adding: “We are in danger of watching large segments of our nation give way to authoritarian extremism.”

In other states, anti-LGBTQ+ legislation became law without support from its governor – Democratic or Republican. In fact, two Republican governors vetoed anti-Trans sports bills in late March.  

Anti-LGBTQ+ Bills in 2022 (Graphic via The Human Rights Campaign)

Utah Gov. Spencer Cox and Indiana Gov. Eric Holcomb, both Republicans, vetoed legislation that barred Trans youth from participating in sports. Cox said the bill had “several fundamental flaws and should be reconsidered,” while Holcomb said the measure was in search of a problem. 

In the end, however, the Utah House overturned Cox’s veto days later. Holcomb’s veto still stands. 

“This [Utah] bill focuses on a problem of ‘fairness’ in school sports that simply does not exist — but its negative impacts on the mental health and well-being of trans and nonbinary youth are very real,” said Sam Ames, director of advocacy and government affairs at The Trevor Project. “These youth already face disproportionate rates of bullying, depression, and suicide risk, and bills like this one will only make matters worse.”

In recent weeks, two Democratic governors vetoed anti-LGBTQ+ legislation from their Republican-controlled legislatures. 

Kentucky Democratic Gov. Andy Beshear vetoed legislation that would ban Trans girls from playing on sports teams in Kentucky schools that match their gender identities from sixth grade through college. GOP lawmakers quickly overturned the decision

“Shame on the Kentucky General Assembly for attacking trans kids today,” said Chris Hartman, executive director for the Fairness Campaign. Shame on our commonwealth’s lawmakers for passing the first explicitly anti-LGBTQ law in Kentucky in almost a decade.” 

Kansas Democratic Gov. Laura Kelly vetoed last weekend two anti-LGBTQ+ measures, the “Parents’ Bill of Rights” and the “Fairness in Women’s Sports” Acts. 

GOP lawmakers in Idaho decided last month to effectively kill a bill criminalizing gender-affirming care, one of the most extreme proposals in the country. It would have made it a felony — punishable by up to life in prison — to provide minors with hormones, puberty blockers or gender-affirming surgery.

In a statement, Idaho Senate Republicans said they “stongly” oppose “any and all gender reassignment and surgical manipulation of the natural sex” on minors. But they also wrote that the controversial legislation “undermines” a parent’s right to make medical decisions for their children.  

“We believe in parents’ rights and that the best decisions regarding medical treatment options for children are made by parents, with the benefit of their physician’s advice and expertise,” the senators wrote. 

Texas is one of the 14 states with no anti-LGBTQ+ legislation, as the state only holds legislative sessions in odd years. However, the Lone Star State has made headlines for anti-Trans orders from Republican Gov. Greg Abbott. 

Abbott, in February, directed the Texas Department of Family and Protective Services (DFPS) to investigate reports of gender-affirming care on minors as “child abuse.” The order followed an official opinion from state Attorney General Ken Paxton that called the treatment a form of “child abuse” under Texas law. 

Since, two Texas judges have ruled against the policy – one in district court and the other after an appeal. Still, Paxton vows to keep fighting for the order in court. 

But even as Republican politicians continue to push for limits to LGBTQ+ rights, many LGBTQ+ advocates, people and allies promise to continue fighting against the discriminatory efforts – whether in court or on the streets. 

“The Human Rights Campaign strongly condemns these harmful, potentially life-threatening bills and will continue to use every tool at our disposal to fight for the rights of transgender youth and all LGBTQ+ people,” Oakley said.

In a January 2022 poll by The Trevor Project, an organization that provides crisis intervention and suicide prevention services to LGBTQ youth under 25, and Morning Consult, over two-thirds of LGBTQ youth said recent debates over state laws that target transgender people have negatively impacted their mental health.

 “These results underscore how recent politics and ongoing crises facing the globe can have a real, negative impact on LGBTQ young people, a group consistently found to be at significantly increased risk for depression, anxiety and attempting suicide because of how they are mistreated and stigmatized in society,” Amit Paley, CEO of The Trevor Project, said in a statement.

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Politics

Republican Pa. governor nominee opposes LGBTQ rights

Former President Trump backed state Sen. Doug Mastriano

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Pennsylvania State Sen. Doug Mastriano (Screenshot/NBC News)

Republican leadership in the Keystone State are expressing quiet alarm over the emergence of radical-right state senator who secured his place as the party’s nominee in the race against Democratic nominee for governor, Josh Shapiro, who is himself currently serving as the commonwealth’s attorney general.

State Sen. Doug Mastriano, who represents Cumberland, Adams, Franklin and York Counties in the South Central Pennsylvania area bordering Maryland, was not seen as a truly viable candidate in the primary race to be the party standard-bearer until he was endorsed by former President Trump.

Pennsylvania’s gubernatorial race has serious implications for the outcome of the 2024 presidential election cycle as well. The commonwealth is a strategic swing state and the occupant of the governor’s chair in Harrisburg will lend considerable influence to a final vote count.

Mastriano is a polarizing figure within the state’s Republican Party.

The retired U.S. Army colonel has campaigned at political events that included QAnon adherents, he espoused a political agenda that embraced Trump’s Big Lie about the 2020 election, rejected measures taken to protect Pennsylvanians including masks in the coronavirus pandemic, holding an anti-vaccine “Medical Freedom Rally” rally on the state Capitol steps days after declaring his candidacy for the GOP governor’s primary race, and also mixing in messaging of Christian nationalism.

He also supports expanding gun rights in Pennsylvania and in the state Senate sponsored a bill to ban abortion once a heartbeat is detected.

NBC News noted that Mastriano pledged in his election night address that on the first day of his administration he would crack down on “critical race theory,” a catchall term Republicans have used to target school equity programs and new ways of teaching about race, transgender rights and any remaining COVID-19 vaccine requirements.

“CRT is over,” Mastriano declared. “Only biological females can play on biological females’ teams,” he added, and “you can only use the bathroom that your biology and anatomy says.”

His anti-LGBTQ views have long been part of his personal portfolio. The Washington Post reported that 21 years ago while attending the Air Force’s Air Command and Staff College in 2001, then-Maj. Mastriano wrote his master’s thesis on a hypothetical “left-wing ‘Hitlerian putsch'” that was caused by “the depredations of the country’s morally debauched civilian leaders.” Among those “depredations,” in his words, was the “insertion of homosexuality into the military.”

As the Post reported, his paper shows “disgust for anyone who doesn’t hold his view that homosexuality is a form of ‘aberrant sexual conduct.'”

The paper is posted on an official Defense Department website and lists Mastriano as the author at a time when he said he received a master’s degree from the school.

This is not the only instance of Mastriano professing anti-LGBTQ beliefs. 

In 2018, he stated his belief that LGBTQ couples should not be allowed to adopt a child. During an interview with 103.7 FM, when asked “should LGBTQ couples, i.e. two moms or two dads, be allowed to adopt?” Mastriano answered, “No.” [This takes place at the 16:00 mark.]

NBC News interviewed David La Torre, a Republican and former adviser to fellow gubernatorial candidate Jake Corman.

“As far as what a Pennsylvania government would look like with Mastriano in charge, quite frankly, it’s just not something I’m ready to think about at this point,” La Torre said, adding that while there are many unknowns, the dynamic between Mastriano and the state General Assembly, currently controlled by Republicans, would be one to watch. 

“All I know is this — he will govern as governor like he campaigned,” he said. “He would govern with a sledgehammer and expect Republicans to fall in line. And it would be one of the more fascinating tugs of war we’ve seen in Harrisburg.”

Dave Ball, chairman of the Washington County GOP, told NBC News that Mastriano’s victory was “a shame” for the party, the product of “a phenomenon that I truly don’t understand.” But any misgivings won’t stop Ball from working toward the ultimate goal: taking back the governor’s mansion, saying it’s a must-win race. (The two-term incumbent, Tom Wolf, a Democrat, is term-limited.)

As if telegraphing the battles to come should he take the governor’s chair, Politico reported: “Our biggest problem,” said Mastriano on Steve Bannon’s “War Room: Pandemic” podcast on Tuesday, “is going to be these feckless RINO-type Republicans here that will not allow us to have a fighter as governor. But we’re going to beat them and they’re going to lose power, and they’re going to be put to shame.”

Mastriano lists agenda as governor during Pa. GOP nominee victory speech:

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National

History making win- Out Lesbian could be Oregon’s next governor

“This will be a three-way race for the highest office in our state, and this will be an election unlike anything any of us have ever seen”

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Courtesy of Tina Kotek

The Democratic gubernatorial primary Tuesday win by Oregon Speaker of the House Tina Kotek, who had announced her run for the governor’s seat to replace incumbent Democratic Governor Kate Brown, who is term limited last September 1st, 2021, positions her to become the first Out Lesbian governor in the nation should she win the general election in November.

Kotek’s win comes during an uptick in the elections nationwide as more candidates running for office identify as LGBTQ”. More than 600 LGBTQ candidates are on ballots this year, according to the LGBTQ Victory Fund.

According to the Victory Fund, at least 101 people ran or are running for the U.S. Senate or U.S. House – with 96 still actively running as of February 21, 2022. That marks a 16.1 percent increase in LGBTQ Congressional candidates compared to the 2020 election cycle, when 87 people ran.

Speaking to her supporters after it became clear she had won over Oregon Treasurer Tobias Read, who was polling second among Oregonian progressives, “This will be a three-way race for the highest office in our state, and this will be an election unlike anything any of us have ever seen,” Kotek said.

Republican state legislator Christine Drazan along with an independent candidate, Betsy Johnson are slated to be on the November ballot.

Last Fall when she announced her candidacy, she said, “I am running for Governor because I know that, together, we can reckon with the legacies of injustice and inequality to build a great future for Oregon.” She also noted, “Oregonians are living through a devastating pandemic, the intensifying impacts of climate change, and the economic disruptions that leave too many behind. We must get past the politics of division and focus on making real, meaningful progress for families across our state.” 

“A victory for Tina would shatter a lavender ceiling and be a milestone moment in LGBTQ political history, yet she is running not to make history, but because there are few people as prepared and qualified to serve as Oregon’s governor,” said Mayor Annise Parker, President & CEO of LGBTQ Victory Fund. “Under Tina’s leadership, Oregon has led in passing legislation to improve roads and education, raise the minimum wage and ensure all residents are treated fairly and equally. As governor, Tina will make Oregon a role model for the nation.”

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News

Karine Jean-Pierre on her firsts: ‘I am a Black, gay, immigrant woman’

High praise for first out WH press secretary

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Karine Jean-Pierre is no stranger to progressive politics.

She takes on the role of White House press secretary as part of a long career working on building political coalitions and as a spokesperson for advocates before coming to the Biden administration, which has won her close allies and admirers who continue to cheer her on. Jean-Pierre’s new position as top spokesperson for President Biden — and the first Black, first openly gay person to become White House press secretary — is the latest endeavor she pursues in that broader mission.

Rahna Epting, executive director of MoveOn.org, knew Jean-Pierre from when she worked at the progressive organization and she quickly became a rising star “because she’s so incredibly skilled at communicating in a way that real people understand.”

“She was incredibly relatable to people that were watching her at home on TV,” Epting said. “And she could speak to you know, she she did that role during the Trump era for MoveOn and she really spoke to the hearts and minds of what people were feeling and thinking during that time.”

It was during Jean-Pierre’s time with MoveOn when she was serving as a moderator for a panel with Kamala Harris and famously rose to block an animal-rights activist who was physically threatening the candidate.

When protests emerged during the Trump era over policies such as his travel ban on Muslim countries, efforts to repeal the Affordable Care Act, and the two impeachment votes seeking to remove Trump from office, Epting said Jean-Pierre was key in MoveOn.org being at the front lines of those efforts.

“Karine was on TV and she was representing the movement in ways that sparked or electrified the energy that was actually being felt out there,” Epting said.

Jean-Pierre, 45, has a distinctive story of rising to become White House press secretary as an immigrant from a Haitian family whose parents brought her to the United States, where she was raised in Queens, N.Y., from the age of five. Jean-Pierre cared for her younger siblings growing up as her mother worked as a home health aide and her father worked as a taxi driver.

Despite these humble beginnings, Jean-Pierre nonetheless reached astonishing heights. After receiving her master’s degree from the School of International & Public Affairs at Columbia University, Jean-Pierre went on to work for President Obama, serving as regional political director for the White House Office of Political Affairs during the Obama administration’s first term, before returning to the White House after Biden was elected president.

Michael Strautmanis, now executive vice president for public engagement at the Obama Foundation, worked with Jean-Pierre in the 2008 presidential campaign and at the White House under Obama and said the first thing that came across to him was how she “always had it covered.”

“She never came and asked me for advice on something where she didn’t already have one or two or three possible solutions to the challenge that she always had,” Strautmanis said. “She was always very, very well prepared, so she just sort of stood out to me.”

Jean-PIerre brings all this background to the role of White House press secretary in addition to achieving many firsts in the appointment as a Black woman, an LGBTQ person and an immigrant. Her partner is Suzanne Malveaux, a CNN reporter and former White House correspondent.

In her maiden briefing on Monday as White House press secretary, Jean-Pierre said the opportunity granted to her in her new role was not just an achievement, but the culmination of work from many who came before her.

“I am obviously acutely aware that my presence at this podium represents a few firsts,” Jean-Pierre said,. “I am a Black, gay, immigrant woman, the first of all three of those to hold this position. I would not be here today if it were not for generations of barriers — barrier-breaking people before me. I stand on their shoulders. If it were not for generations of barrier-breaking people before me, I would not be here.”

Asked by April Ryan of The Grio, a Black news outlet, about the many firsts she achieved by taking on the role as White House press secretary, Jean-Pierre recognized the signal that sends and brought up an article from a newspaper that went to her elementary school in Hampstead, N.Y.

“And these kids wrote me a letter,” Jean-Pierre said. “And in the letter, they talked about how they can dream bigger because of me standing behind this podium. And that matters. You know, as I started out at the beginning: Representation matters. And not just for girls, but also for boys.”

A White House spokesperson said Jean-Pierre was unable to make the Washington Blade’s deadline in response to an interview request for this article. Among the questions the Blade planned to ask was whether or not she feels a special obligation to represent and speak for the communities in her role as White House press secretary.

It wasn’t a straight line for Jean-Pierre to get to the position as White House press secretary. Although she worked for Harris in the Biden campaign, she came to the White House as deputy White House press secretary under Jen Psakl, who was responsible for Biden. (At the start of the Biden administration, Politico reported that Jean-Pierre’s relationship with the vice president became strained and Jean-Pierre was effectively estranged in the final five months of the campaign.)

But Jean-Pierre quickly won high praise in her role as a Biden spokesperson. In May 2021, when she gave her first on-camera briefing as a substitute for Psaki, Jean-Pierre was considered effectively to have knocked the ball out of the park and reportedly won a round of applause from her colleagues upon retuning to the press office.

Ester Fuchs, who was an instructor for Jean-Pierre when she was at Columbia University’s School of International & Public Affairs and later her colleague when she returned as a lecturer, said key to understanding Jean-Pierre’s success in communications is her balance of optimism and realism.

“She showed really a deep understanding of American politics, and particularly divisions in American politics,” Fuchs said. “But she was very much committed to the idea that the American Dream was still real for people like her, but with a kind of realpolitik understanding of what were the roadblocks, and always very committed to equity and fairness and making sure that people who were new immigrants or from high -needs population had a chance to be heard.”

The high praise Jean-Pierre receives from her former colleagues and friends undermines the argument in conservative media she was selected for the role of White House press secretary only because she checks off numerous boxes in the base of the Democratic Party’s coalition. Tucker Carlson of Fox News, for example, aired a segment last week deriding the appointment as the latest example of identity politics. Carlson mocked supporters for saying being LGBTQ is “the only thing you need to know” about Jean-Pierre, essentially ignoring the commitment and achievement she has made in getting there.

But there’s also a boon of having a good personality. Jean-Pierre’s smile as a means of being effective in disarming and comforting people was one of her features that came up two times independently among the people close to her the Blade consulted for this article.

Strautmanis said he’ll be watching to see whether or not Jean-Pierre’s humor comes out in her new role in White House press secretary as well as her capability to make people around her implicitly trust her, but ultimately predicted she would “kick ass.”

“She just engenders a tremendous confidence,” Strautmanis said. “And so, I think that’s the other thing that people are going to see, which is that as she speaks, you’re just gonna have a sense that, ‘You know, I trust what this person is saying,’ and I think that’s a really hard thing to do in that in the work that she’s done before in that job. But I think that’s why she transitioned from being a political staffer into communications, because she has that ability in communications to be up front, be direct, be honest, and yet still kind of push forward a particular agenda. I think that’s a rare combination.”

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