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In first, gay Democrat and gay Republican face off in congressional race

GOP candidate was present at Stop the Steal rally

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Robert Zimmerman, a Democratic candidate, (left) is taking on George Santos, a Republican (right) in New York's 3rd congressional district.

The race in New York’s 3rd congressional district is seen as critical in the mid-term elections as Republicans are poised to retake the House and Democrats are trying to preserve their razor-thin majority. But the New York race holds another important distinction as the two candidates — Robert Zimmerman and George Santos — are openly gay, marking the first time out gay candidates from the two major parties have squared off in a House race.

In separate interviews with the Washington Blade, the candidates had markedly different takes on the nature of the historic first, with one saying his sexual orientation influenced his approach to politics and the other utterly rejecting its importance.

Zimmerman, a progressive Democrat and communications official who supports causes like LGBTQ rights, abortion rights, and gun reform, said being gay and closeted in his youth living on Long Island in the 1970s shaped his view of politics.

“I went to speak to an educator I trusted, and he suggested to me I try a doctor to make me better, because in those days, that was the path, conversion therapy,” Zimmerman said. “And I certainly didn’t do that, but it just reflects how isolating that period was, but I guess out of that period, that sense of isolation, it helped me to look at the world around me and see a lot of other folks who felt unseen and unheard, and it helped me find my voice that brought me to protest lines, brought me into political activism.”

The first protest for Zimmerman, he said, was in front of the Democratic Party’s headquarters. He’s now a member of the Democratic National Committee in New York. Zimmerman said his political activism also brought him to the office of his member of Congress, where he became a congressional intern and later a member of his senior staff.

Santos, a conservative Republican, downplayed the importance of being a gay congressional candidate and said he doesn’t make it an issue in his campaign, although he conceded,”it feels awesome that the opportunities are equal for everybody in this country.”

“It’s great to see that opportunities are equal to all in this country,” Santos said. “It’s always been that way. … So I don’t make it a campaign issue as far as I don’t campaign on that issue. It’s not a campaign issue for me. I think it’s a distraction, really about the real issues plaguing our country right now. I’d rather talk about that stuff all day long than talk about my sexual preference.”

Key issues for Santos, he said, were many of the same issues Republicans are running on as part of the 2022 mid-term elections, such as inflation, the cost of energy, and crime, which he said are issues that affect every American to varying degrees regardless of their socioeconomic status.

Although he downplays the significance of his sexual orientation, Santos would have the distinction if elected as the first openly gay Republican in Congress since the departure of former Rep. Jim Kolbe in 2009. Santos would also have the distinction of being the first openly gay non-incumbent Republican candidate elected to Congress.

Not exactly fitting the mold of gay members of Congress seen in the past, Santos has aligned himself with a conservative ideology. He has called abortion rights “barbaric,” and spoken favorably about the Florida “Don’t Say Gay” bill signed into law by Florida Gov. Ron DeSantis. Footage exists of Santos saying he was at the Ellipse for the rally with former President Trump that preceded the Jan. 6 insurrection at the U.S. Capitol.

Santos didn’t deny that he was present at the “Stop the Steal” rally, but said he “did not go” to the U.S. Capitol building on Jan . 6 and downplayed the significance of his presence at the rally.

“I just don’t see how that’s relevant to this interview, and to what we’re doing in 2022,” Santos said. “I just really think the American people deserve journalists to really focus on the future. I really liked this interview to be about proposals and what I’m going to present in Congress come 2023 instead of looking at two years ago, and really reminiscing on that.”

Amid news stories of Republican candidates continuing to deny the outcome of the 2020 election, Santos indicated he wasn’t among them. Asked whether President Biden won the 2020 election, Santos replied, “He’s the president of the United States, I never contested that.” Asked whether Biden is president because he won the election, Santos replied, “Of course.”

Albert Fujii, spokesperson for the LGBTQ Victory Fund, said the records of both candidates made it easy for the organization, which endorses openly LGBTQ people running for public office, to decide whom to support.

“Victory Fund proudly endorsed Robert Zimmerman because of his life-long LGBTQ advocacy, commitment to public service and fierce pro-equality and pro-choice vision for America,” Fujii said. “We believe abortion rights are LGBTQ rights and since our inception have always required candidates be pro-equality and pro-choice to receive our endorsement.”

Fujii added Santos never approached the Victory Fund to seek an endorsement. Gay Republicans have sometimes criticized the organization as being a partisan tool of Democrats.

Political outsiders have rated New York’s 3rd congressional district as “leaning Democratic.” Although some initial polling was favorable to Santos as Republicans had an advantage with inflation and gas prices being a major issue, the tide appears to have turned nationwide after the Supreme Court ruling against Roe v. Wade served as a wakeup call to the Democratic base.

Zimmerman said the ruling in the Dobbs case has stirred a high level of activism, predicting LGBTQ rights would be next on the chopping block due to the concurrence of U.S. Associate Justice Clarence Thomas, who called for revisiting the decision in favor of same-sex marriage.

“You’re seeing a level of energy and activism as a result of the Dobbs decision,” Zimmerman said. “That is truly unprecedented for a midterm election When you take away 50 years of protection for women, and people also understand that’s just the opening bid. They’re coming after our rights of the LGBTQ+ community next, and they’re coming after our rights in so many other areas. You’ve seen a level of engagement, coalition building, and activism that is really unprecedented.”

Santos, presenting a different take on the Dobbs decision, said he thought the ruling “was great” and “gave the states back its power of the Tenth Amendment.”

“I don’t think it affects us here in New York,” Santos said. “I do understand that there’s other states with different decisions, but that’s precisely what the Tenth Amendment does — it gives the rights back to the state so that on a more hyperlocal concentrated issue, the people’s constituency, get to pick what they think is best for them.”

Thomas’s concurring opinion in the Dobbs decision is also not a threat, Santos said, although he criticized it as an “unfortunate moment.”

“He had an unfortunate moment in a dissenting opinion that the majority did not sign on,” Santos said. “Clearly, that’s why it has no legal value. It’s nothing more than a legal essay. A legal essay written by a Supreme Court justice with — I’m just going to go out on a limb and say not the brightest moment in his career.”

One of the consequences of the Dobbs decision was the introduction in Congress of legislation knowns as the Respect for Marriage Act, which would seek to codify same-sex marriage into law regardless of whether or not the Supreme Court decides to revisit it.

Santos, asked whether he’s in favor of the bill, replied, “If the bill is put through committee properly? Yes.” Santos went on to say he had calls from Republicans about the legislation and told them it’s the law of the land and a matter of “if you feel comfortable supporting my right to marry my spouse of my choosing.”

“My only hang up with it is I really wish to give it more legitimacy and not leave any questions open for pundits on both sides of the aisle … let’s just get it passed,” Santos said. “I mean, I have no issue. Of course I’d vote for it.”

When the Blade pointed out he appeared to be leaving the door open to vote “no” based on objections of not going through the regular order of the committee process, Santos denied that was the case: “I didn’t say that. I just said I want it to be that way, so there’s no questions about it. I never in any instance suggested to you I would say ‘no.'”

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National

Guatemalan LGBTQ activist granted asylum in US

Estuardo Cifuentes fled country in 2019

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Estuardo Cifuentes outside a port of entry in Brownsville, Texas, on March 3, 2021, shortly after he entered the U.S. (Photo courtesy of Estuardo Cifuentes)

The U.S. has granted asylum to a Guatemalan LGBTQ activist who fled his country in 2019.

Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City. 

He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.

Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.

Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.

The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.

Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.

The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.

“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”

Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.

Cifuentes is now the client services manager for Lawyers for Good Government’s Project Corazón, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ asylum seekers and migrants.

“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”

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U.S. Supreme Court

US Supreme Court rules Idaho to enforce gender care ban

House Bill 71 signed in 2023

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U.S. Supreme Court (Washington Blade photo by Michael Key)

BY MIA MALDONADO | The U.S. Supreme Court has allowed Idaho to enforce House Bill 71, a law banning Idaho youth from receiving gender-affirming care medications and surgeries.

In an opinion issued Monday, the U.S. Supreme Court granted the state of Idaho’s request to stay the preliminary injunction, which blocked the law from taking effect. This means the preliminary injunction now only applies to the plaintiffs involved in Poe v. Labrador — a lawsuit brought on by the families of two transgender teens in Idaho who seek gender-affirming care. 

Monday’s Supreme Court decision enforces the gender-affirming care ban for all other trans youth in Idaho as the lawsuit remains ongoing in the Ninth Circuit Court of Appeals.

Idaho Attorney General Raúl Labrador
Idaho Attorney General Raúl Labrador gives a speech at the Idaho GOP election night watch party at the Grove Hotel in Boise, Idaho, on Nov. 8, 2022. (Otto Kitsinger for Idaho Capital Sun)

The American Civil Liberties Union and the ACLU of Idaho, both of whom represent the plaintiffs, said in a press release Monday that the ruling “does not touch upon the constitutionality” of HB 71. The groups called Monday’s ruling an “awful result” for trans Idaho youth and their families.

“Today’s ruling allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption,” the organizations said in the press release. “Nonetheless, today’s result only leaves us all the more determined to defeat this law in the courts entirely, making Idaho a safer state to raise every family.”

Idaho Attorney General Raúl Labrador in a press release said the state has a duty to protect and support all children, and that he is proud of the state’s legal stance. 

“Those suffering from gender dysphoria deserve love, support and medical care rooted in biological reality,” Labrador said. “Denying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and I’m grateful that we, as the state, have the power — and duty — to protect them.”

Recap of Idaho’s HB 71, and what led to SCOTUS opinion

Monday’s Supreme Court decision traces back to when HB 71 was signed into law in April 2023.

The law makes it a felony punishable for up to 10 years for doctors to provide surgeries, puberty-blockers and hormones to trans people under the age of 18. However, gender-affirming surgeries are not and were not performed among Idaho adults or youth before the bill was signed into law, the Idaho Capital Sun previously reported

One month after it was signed into law, the families of two trans teens sued the state in a lawsuit alleging the bill violates the 14th Amendment’s guarantee of equal protection under the law.

In late December, just days before the law was set to take effect in the new year, U.S. District Judge B. Lynn Winmill blocked the law from taking effect under a preliminary injunction. In his decision, he said he found the families likely to succeed in their challenge.

The state of Idaho responded by appealing the district court’s preliminary injunction decision to the Ninth Circuit, to which the Ninth Circuit denied. The state of Idaho argued the court should at least enforce the ban for everyone except for the plaintiffs. 

After the Ninth Circuit’s denial, the Idaho Attorney General’s Office in February sent an emergency motion to the U.S. Supreme Court, the Idaho Press reported. Monday’s U.S. Supreme Court decision agrees with the state’s request to enforce its ban on trans health care for minors, except for the two plaintiffs.

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Mia Maldonado

Mia Maldonado joined the Idaho Capital Sun after working as a breaking news reporter at the Idaho Statesman covering stories related to crime, education, growth and politics. She previously interned at the Idaho Capital Sun through the Voces Internship of Idaho, an equity-driven program for young Latinos to work in Idaho news. Born and raised in Coeur d’Alene, Mia moved to the Treasure Valley for college where she graduated from the College of Idaho with a bachelor’s degree in Spanish and international political economy.

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The preceding piece was previously published by the Idaho Capital Sun and is republished with permission.

The Idaho Capital Sun is the Gem State’s newest nonprofit news organization delivering accountability journalism on state politics, health care, tax policy, the environment and more.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Kansas

Kansas governor vetoes ban on health care for transgender youth

Republican lawmakers have vowed to override veto

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Democratic Gov. Laura Kelly vetoed two abortion bills and a measure criminalizing transgender health care for minors. House and Senate Republican leaders responded with promises to seek veto overrides when the full Legislature returned to Topeka on April 26. (Photo by Sherman Smith/Kansas Reflector)

BY TIM CARPENTER | Gov. Laura Kelly flexed a veto pen to reject bills Friday prohibiting gender identity health care for transgender youth, introducing a vague crime of coercing someone to have an abortion and implementing a broader survey of women seeking abortion that was certain to trigger veto override attempts in the Republican-led House and Senate.

The decisions by the Democratic governor to use her authority to reject these health and abortion rights bills didn’t come as a surprise given her previous opposition to lawmakers intervening in personal decisions that she believed ought to remain the domain of families and physicians.

Kelly said Senate Bill 233, which would ban gender-affirming care for trans minors in Kansas, was an unwarranted attack on a small number of Kansans under 18. She said the bill was based on a politically distorted belief the Legislature knew better than parents how to raise their children.

She said it was neither a conservative nor Kansas value to block medical professionals from performing surgery or prescribing puberty blockers for their patients. She said stripping doctors of their licenses for serving health interests of patients was wrong. Under the bill, offending physicians could be face lawsuits and their professional liability insurance couldn’t be relied on to defend themselves in court.

“To be clear, this legislation tramples parental rights,” Kelly said. “The last place that I would want to be as a politician is between a parent and a child who needed medical care of any kind. And, yet, that is exactly what this legislation does.”

Senate President Ty Masterson (R-Andover) and House Speaker Dan Hawkins (R-Wichita) responded to the governor by denouncing the vetoes and pledging to seek overrides when legislators returned to the Capitol on April 26. The trans bill was passed 27-13 in the Senate and 82-39 in the House, suggesting both chambers were in striking distance of a two-thirds majority necessary to thwart the governor.

“The governor has made it clear yet again that the radical left controls her veto pen,” Masterson said. “This devotion to extremism will not stand, and we look forward to overriding her vetoes when we return in two weeks.”

Cathryn Oakley, senior director of the Human Rights Campaign, said the ban on crucial, medically necessary health care for trans youth was discriminatory, designed to spread dangerous misinformation and timed to rile up anti-LGBTQ activists.

“Every credible medical organization — representing over 1.3 million doctors in the United States — calls for age-appropriate, gender-affirming care for transgender and nonbinary people,” Oakley said. “This is why majorities of Americans oppose criminalizing or banning gender-affirming care.”

Abortion coercion

Kelly also vetoed House Bill 2436 that would create the felony crime of engaging in physical, financial or documentary coercion to compel a girl or woman to end a pregnancy despite an expressed desire to carry the fetus to term. It was approved 27-11 in the Senate and 82-37 in the House, again potentially on the cusp of achieving a veto override.

The legislation would establish sentences of one year in jail and $5,000 fine for those guilty of abortion coercion. The fine could be elevated to $10,000 if the adult applying the pressure was the fetuses’ father and the pregnant female was under 18. If the coercion was accompanied by crimes of stalking, domestic battery, kidnapping or about 20 other offenses the prison sentence could be elevated to 25 years behind bars.

Kelly said no one should be forced to undergo a medical procedure against their will. She said threatening violence against another individual was already a crime in Kansas.

“Additionally, I am concerned with the vague language in this bill and its potential to intrude upon private, often difficult, conversations between a person and their family, friends and health care providers,” the governor said. “This overly broad language risks criminalizing Kansans who are being confided in by their loved ones or simply sharing their expertise as a health care provider.”

Hawkins, the House Republican leader, said coercion was wrong regardless of the circumstances and Kelly’s veto of the bill was a step too far to the left.

“It’s a sad day for Kansas when the governor’s uncompromising support for abortion won’t even allow her to advocate for trafficking and abuse victims who are coerced into the procedure,” Hawkins said.

Emily Wales, president and CEO of Planned Parenthood Great Plains Votes, said HB 2436 sought to equate abortion with crime, perpetuate false narratives and erode a fundamental constitutional right to bodily autonomy. The bill did nothing to protect Kansas from reproductive coercion, including forced pregnancy or tampering with birth control.

“Planned Parenthood Great Plains Votes trusts patients and stands firmly against any legislation that seeks to undermine reproductive rights or limit access to essential health care services,” Wales said.

Danielle Underwood, spokeswoman for Kansas for Life, said “Coercion Kelly” demonstrated with this veto a lack of compassion for women pushed into an abortion.

The abortion survey

The House and Senate approved a bill requiring more than a dozen questions be added to surveys of women attempting to terminate a pregnancy in Kansas. Colorful debate in the House included consideration of public health benefits of requiring interviews of men about reasons they sought a vasectomy birth control procedure or why individuals turned to health professionals for treatment of erectile dysfunction.

House Bill 2749 adopted 81-39 in the House and 27-13 in the Senate would require the Kansas Department of Health and Environment to produce twice-a-year reports on responses to the expanded abortion survey. The state of Kansas cannot require women to answer questions on the survey.

Kelly said in her veto message the bill was “invasive and unnecessary” and legislators should have taken into account rejection in August 2022 of a proposed amendment to the Kansas Constitution that would have set the stage for legislation further limiting or ending access to abortion.

“There is no valid medical reason to force a woman to disclose to the Legislature if they have been a victim of abuse, rape or incest prior to obtaining an abortion,” Kelly said. “There is also no valid reason to force a woman to disclose to the Legislature why she is seeking an abortion. I refuse to sign legislation that goes against the will of the majority of Kansans who spoke loudly on Aug. 2, 2022. Kansans don’t want politicians involved in their private medical decisions.”

Wales, of Planned Parenthood Great Plains Votes, said the bill would have compelled health care providers to “interrogate patients seeking abortion care” and to engage in violations of patient privacy while inflicting undue emotional distress.

Hawkins, the Republican House speaker, said the record numbers of Kansas abortions — the increase has been driven by bans or restrictions imposed in other states — was sufficient to warrant scrutiny of KDHE reporting on abortion. He also said the governor had no business suppressing reporting on abortion and criticized her for tapping into “irrational fears of offending the for-profit pro-abortion lobby.”

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Tim Carpenter

Tim Carpenter has reported on Kansas for 35 years. He covered the Capitol for 16 years at the Topeka Capital-Journal and previously worked for the Lawrence Journal-World and United Press International.

The preceding story was previously published by the Kansas Reflector and is republished with permission.

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The Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets. We are part of States Newsroom: the nation’s largest state-focused nonprofit news organization, with reporting from every capital.

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