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EXCLUSIVE: Outgoing Rep. Cicilline on future of LGBTQ rights and life after Congress

Gay congressman departs office this week; led major LGBTQ legislative victories

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Rep. David Cicilline (D-R.I.) (Washington Blade file photo by Michael Key)

Speaking with the Washington Blade by phone on Tuesday from Rhode Island, U.S. Rep. David Cicilline (D-R.I.) was optimistic about the outcome of the debt ceiling negotiations that have roiled Capitol Hill, the White House, and Wall Street for weeks.

ā€œMy sense of it is there are enough Democratic and Republican votes to get it to the presidentā€™s desk,ā€ said the congressman, who would fly back to Washington in the evening with the expectation that a vote would be held the following day.  

Even amid the chaos and back-and-forth travel this week, Cicilline was ready to look back on the landmark legislative accomplishments of his distinguished career in politics, which have included groundbreaking advancements for LGBTQ rights.

And despite the ascendancy of anti-LGBTQ attacks from the right, including from much of the Republican caucus, he told the Blade there is ample reason to be optimistic that the chamberā€™s pro-equality work will continue in his absence.

As announced back in February and effective on Thursday, Cicilline will retire from Congress to lead his stateā€™s largest philanthropic organization, the Rhode Island Foundation, having represented its 1st Congressional District in the U.S. House since 2011.

A former attorney, Cicilline was tapped to lead the House Judiciary Committeeā€™s Subcommittee on Antitrust, Commercial, and Administrative Law as well as the House Foreign Affairs Committeeā€™s Subcommittee on the Middle East, North Africa, and Global Counterterrorism.

Particularly in recent years, the congressman became one of the most powerful House Democrats, elected to leadership in 2017 as a co-chair of the House Democratic Policy and Communications Committee and picked in 2021 by then-House Speaker Nancy Pelosi (D-Calif.) to serve as one of the nine members tasked with managing the Houseā€™s second impeachment of former President Donald Trump.

Among other legislative achievements, Cicilline is widely credited with leading the Houseā€™s passage, twice, of the biggest civil rights bill since the 1964 Civil Rights Act ā€“ the Equality Act, which would prohibit anti-LGBTQ discrimination in areas from education and housing to employment and public accommodations.

While the Senate failed to pass the Equality Act, Cicilline said, ā€œIā€™m handing that work off to [U.S. Rep.] Mark Takano [D-Calif.], who I know will take it over the finish lineā€ once Democrats win control of the House again.

The congressman told the Blade that he hopes his leadership on this bill will be remembered as a key part of his legacy ā€“ and was adamant that its passage through both chambers is now a question of ā€œwhenā€ rather than ā€œif.ā€

ā€œThe majority of Americans support the Equality Act, and a majority of voters in every single state support nondiscrimination protections for LGBTQ+ people,ā€ so ā€œthis is about the Republican conference in Congress catching up with the American people,ā€ Cicilline said.

Congress is beginning to look more like America in at least one respect, though. After his first election to the House, Cicilline was one of only three openly LGBTQ members serving in Congress (having already made history in 2003 as the first openly gay mayor of a state capital, Providence, R.I.).

Today, ā€œIā€™m leaving with 10 colleagues in the House and two in the Senate,ā€ he said, ā€œso thatā€™s great progress.ā€

ā€œThe calvary has arrivedā€ with ā€œyoung new members who are going to lead the next wave of this fightā€ such as openly LGBTQ U.S. Reps. Robert Garcia (Calif.), Becca Balint (Vt.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), Cicilline said.

Echoing comments from his final speech on the House floor last week, the congressman also expressed his faith and confidence in party leaders with whom he has worked closely, including Democratic House Minority Leader Hakeem Jeffries (D-N.Y.)

Hopes and expectations for the current Democratic conferenceā€™s ability to deliver on behalf of LGBTQ Americans were buttressed late last year by passage of the Respect for Marriage Act, legislation co-led by Cicilline that codified fundamental rights for same-sex couples that might otherwise be erased if the U.S. Supreme Court overturns or weakens its constitutional protections for marriage equality.

How to combat the rightwing crusade against LGBTQ and especially trans Americans

However prepared Cicilline believes his colleagues are to meet the moment, the congressman is also up to speed on the unprecedented challenges presented by the current political climate with respect to LGBTQ rights.

This year, state legislatures have introduced hundreds of bills targeting trans Americans, which endeavor to restrict their access to everything from lifesaving healthcare to public bathrooms. At the same time, anti-trans rhetoric has escalated to such an extent that a rightwing pundit speaking at CPAC said “transgenderism must be eradicated from public life entirely,” which some interpreted as a call for genocide against the community.

Legislatively, Cicilline said it is all part of a cynical political strategy adopted by Republicans. Having concluded that their crusade against same-sex marriage was no longer winnable, the party sought another way to fight against LGBTQ rights, eventually polling anti-trans positions and messaging that successfully motivates ā€œthe most extreme parts of their political base,ā€ he said.

ā€œOur Republican colleagues have weaponized the trans community in such a way that they think it’s politically advantageous to attack even trans kids,ā€ which is ā€œreally horrificā€ especially considering the potential for tragic real-world consequences, including targeted violence against the trans community, Cicilline said.

ā€œI hope people who are seeking public office will be conscious of that and will be responsible, but unfortunately, I think there are some who are so driven by their desire for power, that they’re prepared to do almost anything to get there,ā€ the congressman added.

Some conservatives hope their polarization of and fear mongering about trans issues will drive a wedge, providing sufficient incentive or a permission structure for LGB Americans to turn their backs on the trans community, Cicilline said, but ā€œThat’s not gonna happen.ā€

ā€œWe are standing in lockstep with our trans brothers and sisters, and we’re just not going to allow them to be attacked in this way,ā€ he said.

Broadly speaking, Cicilline said elected Democrats must ā€œstand up for the queer community, speak out, condemn this kind of [anti-LGBTQ/anti-trans] legislation, and let the American people see the contrastā€ between the Democratic Party, which ā€œstands for inclusion and has fought for LGBTQ+ equalityā€ and the GOP, which is pushing ā€œthese very toxic and dangerous and un-American attacks on the LGBTQ community.ā€

The congressman noted that working against the interests of LGBTQ Americans is nothing new for congressional Republicans. ā€œWith just a couple of exceptions,ā€ he said, the House GOP caucus voted against the Equality Actā€™s nondiscrimination protections, which stem directly from Americaā€™s most basic foundational values of fairness and equality.

ā€œSo that means I have colleagues in the Congress of the United States on the Republican side who fundamentally rejected the legislation that would grant me and others in my community full equality as citizens of this country, [colleagues who would] allow discrimination to continue against our community,ā€ Cicilline said.

When it comes to navigating interpersonal working relationships with anti-LGBTQ Republicans in the chamber, though, ā€œI frankly donā€™t really care how they feel about us,ā€ the congressman said. ā€œThatā€™s irrelevant to me.ā€  

Cicilline to continue advocating for LGBTQ Americans after Congress

In addition to the Equality Act, Cicilline said that if Democrats recapture control of the House, he expects to see renewed momentum for a bill that he authored, the Global Respect Act, and another for which he was an original cosponsor, the LGBTQI+ Data Inclusion Act. Both were passed by the House but not by the Senate and therefore remain ā€œunfinished business,ā€ he said.

The Global Respect Act, Cicilline said, ā€œwill allow the U.S. to impose visa sanctions on anyone who commits gross human rights violations against the LGBTQ community,ā€ while the latter bill would mandate that federal surveys must include data collection on sexual orientation and gender identity.

Other legislative efforts that Cicilline has led, in areas from antitrust to foreign policy to gun violence, also include some ā€œunfinished businessā€ ā€“ bills that might see movement in the next Congress that carry the potential, in many cases, to measurably impact the lives of all Americans.

For instance, Cicilline, who has been at the vanguard of Congressā€™s work modernizing and strengthening antitrust law, remains hopeful about the eventual passage of six bills that he introduced in 2021, all designed to increase competition in digital markets.

These would curb the monopolistic power of dominant tech platform companies whose business models center engagement as the primary mechanism to drive advertising revenue ā€“ even though, as these firms are aware, content that tends to earn more engagement tends to be that which is incendiary, offensive, hateful, false, or misleading, violent or otherwise outrageous.

Looking beyond Congress, Cicilline said he is eager to continue advancing ā€œequality and justice for our communityā€ at the Rhode Island Foundation, building upon the organizationā€™s existing work ā€œsupporting the organizations that are doing really important work to support the LGBTQ community.ā€

Cicilline acknowledged that leading an ā€œexplicitly non-partisan organizationā€ will be a departure from his work in Washington ā€“ though perhaps not to the extent one might imagine.

ā€œYou know, our community remains, in this country, a marginalized community,ā€ the congressman said. ā€œIn fact, itā€™s the only community, still, in America, that it’s legal to discriminate against.ā€

At this point, rather than pivoting back to discussing the need for passage of the Equality Act, Cicilline instead explained that because of the lack of national nondiscrimination protections, he is even more eager to include the LGBTQ community in the foundationā€™s work advancing diversity, equity, and inclusion.

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Congress

Baldwin attacked over LGBTQ rights support as race narrows

Wis. Democrat facing off against Republican Eric Hovde

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U.S. Sen. Tammy Baldwin (D-Wis.) (Washington Blade photo by Michael Key)

As her race against Republican challenger Eric Hovde tightens, with Cook Political Report projecting a toss-up in November, U.S. Sen. Tammy Baldwin (D-Wis.) is fielding attacks over her support for LGBTQ rights.

Two recent ads run by the Senate Leadership Fund, a superPAC that works to elect Republicans to the chamber, take aim at her support for gender affirming care and an LGBTQ center in Wisconsin. Baldwin was the first openly LGBTQ candidate elected to the Senate.

The first ad concerns her statement of support for Wisconsin Gov. Tony Evers’s veto of a Republican-led bill to ban medically necessary healthcare interventions for transgender youth in the state.

Treatments require parental consent for patients younger than 18, and genital surgeries are not performed on minors in Wisconsin.

The second ad concerns funding that Baldwin had earmarked for Briarpatch Youth Services, an organization that provides crucial services for at-risk and homeless young people, with some programming for LGBTQ youth.

Baldwin’s victory is seen as key for Democrats to retain control of the Senate, a tall order that would require them to defend a handful of vulnerable incumbents. U.S. Sen. Joe Manchin of West Virginia, an Independent who usually votes with the Democrats, is retiring after this term and his replacement is expected to be the state’s Republican Gov. Jim Justice.

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EXCLUSIVE: Gottheimer, Craig introduce bill to address LGBTQ elder abuse

Legislation will be introduced this week

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U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

U.S. Reps. Josh Gottheimer (D-N.J.) and Angie Craig (D-Minn.) will introduce a bill this week addressing the “rising elder abuse of LGBTQI+ individuals,” according legislation the Washington Blade previewed.

The Elder Pride Protection Act of 2024 would establish a task force through the Justice Department, with staff selected by the attorney general from the Elder Justice Initiative and the Division of Civil Rights.

They would be tasked with studying “the increased incidence of elder abuse” targeting LGBTQ individuals, developing best practices for a national approach and for state and local authorities to address these crimes, creating and distributing educational materials to raise awareness, and coordinating “the response of local, state, and federal law enforcement agencies.”

The legislation establishes that the task force would be responsible for issuance of a progress report on its work to the U.S. House and U.S. Senate Judiciary Committees.

Importantly, elder abuse as defined under the bill ranges from the use of physical force to cause harm to forced or unwanted sexual interaction, emotional or psychological abuse, the failure to meet basic needs, and financial crimes.

ā€œIā€™m incredibly excited to introduce my new legislation, the Elder Pride Protection Act, that Iā€™m leading with Congresswoman Angie Craig of Minnesota,” Gottheimer said. “No one should ever be mistreated on the basis of their sexual orientation or gender identity, especially our vulnerable elderly populations.”

The congressman added, “This legislation is a critical step in coordinating our response to this runaway abuse at the federal level.ā€

ā€œLGBTQ+ seniors paved the way for so many of the rights we have today, and theyā€™re a vital part of our communities in Minnesota,ā€ said Craig, who is the first lesbian mother elected to Congress and serves as a co-chair of the Congressional Equality Caucus.

ā€œIā€™m working to pass the Elder Pride Protection Act to help empower LGBTQ+ seniors and combat any abuse they might face,” she said.

Garden State Equality, New Jersey’s largest LGBTQ rights group noted that “for too long, elder abuse of our older LGBTQ adults has gone un- or under- reported,” adding that, “The establishment of this task force will help bridge the gap experienced by our LGBTQ elders.”

“The work of this task force, particularly the creation of uniform procedures and communication between state and federal agencies, will be formative in combating the abuse and neglect of LGBTQ elders and is critical in creating true lived equality for all Americans,” Garden State Equality said.

“SAGE is proud to support the Elder Pride Protection Act of 2024,” said Aaron Tax, managing director of government affairs and policy advocacy for SAGE, a national advocacy and services organization for LGBTQ elders.

“LGBTQ+ elders deserve to age without fear of elder abuse,” Tax said. “We applaud Rep. Gottheimer for championing the establishment of this important task force, which we hope will improve the lives of LGBTQ+ older people.”

David Stacy, vice president for government affairs for the Human Rights Campaign, said, “By establishing the ELDER Task Force, this country has the chance to affirm its commitment to addressing and preventing the abuse that this community faces all too often.”

“Congress should pass this bill and send a message that they are dedicated to ensuring every elder can live free from fear and harm,” Stacy said.

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Garcia and Lee push for insurers to provide doxy PEP for free

Lawmakers note spike in bacterial infections among LGBTQ populations

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U.S. Capitol
The U.S. Capitol building (Washington Blade photo by Michael Key)

Democratic U.S. Reps. Robert Garcia and Barbara Lee of California sent a letter on Thursday urging the U.S. Preventive Services Task Force to compel health insurers to provide free access to doxy PEP, a drug regimen for the prevention of sexually transmitted infections.

The USPSTF is an independent panel of experts in primary care and preventative medicine organized under the U.S. Department of Health and Human Services whose primary responsibility is to evaluate the evidence on the safety and efficacy of medical screenings, counseling, and preventative medications.

The lawmakers’ letter explains that in 2019, the USPSTF issued an “A-grade” recommendation for prescribing preexposure prophylaxis (PrEP) ā€” a different preventative regimen targeting HIV infections ā€” to “those at increased risk of HIV acquisition.”

As required under the Affordable Care Act, the rating meant health plans were required to offer the drug with no cost-sharing, which “has been enormously beneficial to hundreds of thousands of Americans ā€”particularly members of the LGBTQIA+ community.”

The letter points to disproportionately high rates of bacterial STIs (“chlamydia, gonorrhea, and especially syphilis”) among LGBTQ populations as well as recommendations published last month by the Centers for Disease Control and Prevention instructing providers to counsel certain patients about PEP, with the agency writing that the drug intervention requires “a focused effort for equitable implementation.”

For these reasons, Garcia and Lee said, “we respectfully ask for your full and fair consideration of a USPSTF recommendation for doxy PEP to the populations outlined in the guidelines with an ‘A’ rating,” with those populations being “gay and bisexual men, other men who have sex with men, and transgender women, and who have a history of bacterial STIs in the past 12 months.”

“Surging STIs are disproportionately impacting LGBTQ+ individuals,” Garcia, a gay co-chair of the Congressional Equality Caucus, said in a press release from his congressional office. “We must ensure that these folks have access to doxy PEP, a critical medication that can save lives and prevent these kinds of infections.”

He added, “By making doxy PEP coverage free by insurers, we can prevent infections and stop the spread of disease for those most vulnerable.”

Lee, a vice chair of the caucus, has a decades-long record of pro-LGBTQ advocacy, particularly in the healthcare space and on issues of HIV/AIDS in the U.S. and around the world.

ā€œWidespread use and education about doxy PEP could prevent thousands of bacterial STI cases every year,” she said in the press release. “However, in order to get this treatment to those who need it most, it’s imperative that doxy PEP is covered by insurance plans with no cost to patients.”

“By ensuring doxy PEP is available with grade A rating by the USPSTF, we’re taking a critical step toward promoting health equity and advancing our mission of using informed, evidence-based interventions to support those most in need,” said David Stacy, vice president of government Affairs for the Human Rights Campaign.

David C. Harvey, executive director of the National Coalition of STD Directors, said “providing healthcare providers with the guidance and encouragement they need to implement doxy PEP in accordance with the new CDC guidelines will be crucial in helping us use doxy PEP to address our out-of-control STI epidemic.”

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