Congress
PFLAG representatives claim mistreatment by Rick Scott and Ted Cruz staffers
Other Republican lawmakers treated activists well
Participants in PFLAG’s Lobby Day who on Oct. 19 met with congressional offices of members representing their states and districts, said they were mistreated by aides for U.S. Sens. Rick Scott (R-Fla.) and Ted Cruz (R-Texas), neither of whom were present at the time.
By contrast, staff for other members, including other Republicans who include U.S. Reps. Aaron Bean (R-Fla.) and Beth Van Duyne (R-Texas) and U.S. Sen. John Cornyn (R-Texas) were positive, affirming and respectful, they told the Washington Blade on Oct. 20 after the opening plenary of PFLAG’s National Convention.
Cindy Hill-Nobles, president of PFLAGĀ of Jacksonville (Fla.) said “I have never been so incensed” as when an aide in Scott’s office openly smirked while she recounted how her son once contemplated suicide because he was bullied so extensively after coming out as gay in fourth grade.
She said the staffer accused her of “trying to put porn in the hands of children” after she told him about the “banned books club” she had formed with a local church in hopes that greater access to stories with LGBTQ characters and narratives might deter bullying and potentially spare other children and families from the pain hers had survived.
These were not the only “instances where some very nasty things were said” by Scott’s aide, who was “combative” and “degrading, in a lot of ways, to the group of us that were there,” Hill-Nobles recalled. She added it seemed that the staffer, as he tapped his pen on a blank notepad, “wasn’t looking to get anything out of the meeting except for us out of his office.”
Scott’s Communications Director McKinley Lewis, who was not in attendance, addressed Hill-Nobles’s account of the meeting in an emailed statement to the Blade, writing:
āOur office prides itself on meeting and speaking with all Floridians and hearing about the issues that matter most to them. This is just one of the reasons why Senator Rick Scottās team was recognized by the Congressional Management Foundation with a Democracy Award for the best constituent services in Congress. The allegations made here are not true. We have full confidence that our staff conducted this nearly hour-long meeting with the utmost professionalism and respect.”
Ginger Chun, a board member of PFLAG of San Antonio and mother of a transgender young adult, recalled āreally awkward and uncomfortable” conversations with Cruz’s staff ā one of whom, she said, insisted on debating with her in a combative manner about the availability of healthcare interventions for trans youth.
Rather than a parley over public policy, the mutually agreed upon focus of and purpose for their meeting was for representatives from PFLAG “to go in and tell your story and let them hear what’s important to you,” Chun said. “And that’s really not the reception that we got.”
A spokesperson for Cruz said, “PFLAG came to our office lobbying against restrictions on taxpayer funding for puberty blockers and so-called sex-change surgery, including for children. PFLAG also wants biological men competing in women’s sports.”
The emailed statement continues, “Like most Texans, Senator Cruz vigorously opposes these radical positions and will always stand against adults being allowed to permanently destroy the natural bodily functions of children and undermining the integrity of girls’ sports.”
PFLAG Advocacy, Policy and Partnerships Director Diego Miguel Sanchez said, “we know that when everyone goes home, there will be incidents at a grocery store or school parking lot or somewhere where people are combative.”
However, he said, “in the confines of an office where the promise is to serve” one’s constituents, this behavior constitutes “an absolute betrayal of the obligation of serving in Congress” and that of anyone who serves as “an emissary for those elected officials.”
Once serving as Capitol Hill’s first openly trans senior legislative staffer as senior policy adviser to former U.S. Rep. Barney Frank (D-Mass.), Sanchez on Oct. 20 said he will speak with the chiefs of staff in each office where PFLAG Lobby Day participants were mistreated.
The lawmakers “deserve to know that either they were misrepresented, underrepresented, or need to do a little education for the people they’re choosing to meet with their constituents,” he said.
Laura McGinnis, senior manager of press and public relations for PFLAG, told the Blade this year’s Lobby Day brought 146 attendees from 30 states and D.C. who participated in 108 meetings with members of Congress from both chambers. PFLAG has not yet gathered information and feedback about all of them, she said.
Because the organization’s conventions are held biennially and in different locations, the most recent Lobby Day came during PFLAG’s last National Convention in D.C. in 2013, McGinnis said.
“PFLAG does participate in lobby day events organized by movement partners,” she added, “for example, PFLAG parents, families, and allies attended a lobby day for the Equality Act organized by Freedom for All Americans during the last Congress, with SAGE right before the pandemic lockdown, and HRC’s earlier this year.”
Sanchez noted PFLAG has a unique approach to advocacy, arranging meetings on Capitol Hill in which constituents are told to discuss ātheir lives and their families and experiences; their fears, their hopes and their dreams.ā
They leave hard copies of bills that they ā and PFLAG ā consider āreally pertinent right now,ā but this is secondary to the purpose of relaying personal stories about their lived experiences, he said.
Good experiences in other GOP offices
Scott’s office aside, Hill-Nobles said her interactions with staff for other Republican members of the Florida delegation were professional and respectful.
For example, when an aide in Bean’s office asked questions about her son, she said it was clear that they “seemed to honestly care how he was, how his mental health was and how he managed to get through school.”
Differences of opinion were handled respectfully by Bean’s staff, Hill-Nobles said, noting cases where they relayed their opposition to the Equality Act and support for policies in schools and athletics organizations that prohibit trans students from using restrooms or competing on teams that align with their gender identity.
These arguments were consistent with “what we were expecting [and] what I was expecting,” she said, “again, it was a respectful conversation; it was not demeaning.”
Hill-Nobles added that during a “drop-in” to U.S. Sen. Marco Rubio (R-Fla.)’s office, where “we quickly went in and gave our information,” the Florida senator’s “front desk aides were perfectly polite and kind.”
Trans college student Levi Fiedler, who has served as an intern for PFLAG, the LGBTQ+ Victory Institute, the ACLU, and in the office of U.S. Rep. Sharice Davids (D-Kan.), agreed only to speak on the record with the Blade about positive experiences he had on the Hill during PFLAG’s Lobby Day.
Among them was the meeting with Cornyn’s staff, where Fiedler recalled having a “better conversation” than some he has had “with people who are on our side,” adding the experience was a testament to how “respect and kindness and love are not party-specific.”
Chun, who was also in attendance, agreed. “Cornyn’s office was amazing,” she said.
Even though they expressed opposition to policies that would require the collection of data on anti-LGBTQ bullying, the senator’s staff listened closely to their remarks about “how important it is to protect kids, regardless of who and what they are and what they’re perceived to be,’ Fiedler said.
His highest praise, though, was reserved for “one of the most kind and compassionate people,” an aide in Van Duyne’s office who asked “very open follow-up questions about the bills that we referenced,” and then “follow up questions about our experiences.”
The congresswoman’s staffer “genuinely wanted to hear our stories” to learn about “what our backgrounds were, what our families were like,” Fiedler said. It was “one of the sweetest and kindest conversations I’ve ever had about my experiences” as a trans person, he said.
Lobbying comes at a pivotal moment on Capitol Hill
With an article in June, the American Psychological Association noted the “overwhelming” consensus of research showing that anti-LGBTQ bills and laws, “which target access to health care, sports participation and school policies, have resulted in heightened levels of anxiety, depression and suicide risk among the transgender community.”
LGBTQ advocates, particularly those who work with members of the community in crisis, say these bills cause dramatic spikes in self-harm behaviors and suicides regardless of whether they are signed into law or come from local, state, or federal legislators.
Recent months have seen a flurry of anti-LGBTQ policies proposed by Republicans serving in Congress.
House Republicans nearly caused funding for the federal government to lapse at the end of last month by insisting on extreme, partisan ā and, in all 12 cases, anti-LGBTQ ā amendments to the chamber’s must-pass appropriations bills which, with the GOP members’ “poison pills,” were doomed to languish in the U.S. Senate.
Then-House Speaker Kevin McCarthy (R-Calif.) narrowly averted a shutdown by brokering a last-minute deal with the Democrats for a short-term continuing resolution that extended funding for the government through mid-November.
As a result, a group of Republican members led by U.S. Rep. Matt Gaetz (R-Fla.) recalled him. Twenty-one days later, the conference has failed to unite behind a new member to lead their party, which means the chamber is now procedurally unable to clear the government spending bills.
Even if the House GOP majority elects a speaker before the Nov. 17 deadline, it remains unclear members will agree to remove partisan amendments from the appropriations packages which, historically, were passed with broad bipartisan margins.
Congress
Lawmakers champion drug policy reforms at National Cannabis Policy Summit
Congressional leaders pledged their support for decriminalization
Speaking at the 2024 National Cannabis Policy Summit on Wednesday, congressional leaders pledged their support for proposals to remedy the harms of America’s War on Drugs while protecting cannabis users and cannabis businesses that are operating under a fast-evolving patchwork of local, state, and federal laws.
Overwhelmingly, the lawmakers who attended the conference at the Martin Luther King Jr. Memorial Library in D.C. or delivered their remarks virtually were optimistic about the chances of passing legislative solutions in the near-term, perhaps even in this Congress.
Participants included U.S. Sens. Raphael Warnock (D-Ga.), Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), and Senate Majority Leader Chuck Schumer (D-N.Y.), along with U.S. Reps. Eleanor Holmes Norton (D-D.C.), Earl Blumenauer (D-Ore.), and Barbara Lee (D-Calif.), who co-chairs the Congressional Cannabis Caucus and was honored at the event with the Supernova Women Cannabis Champion Lifetime Achievement Award. Republicans included an aide for U.S. Rep. David Joyce (R-Ohio) who was featured in an afternoon panel discussion about the cannabis policy landscape on Capitol Hill.
Each of the members have long championed cannabis-related policy reforms, from Merkleyās SAFER Banking Act that would allow cannabis businesses to access financial services (thereby affording them the critically important protections provided by banks) to Leeās work throughout her career to ameliorate the harms suffered by, particularly, Black and Brown communities that have been disproportionately impacted by the criminalization of marijuana and the consequences of systemic racism in law enforcement and the criminal justice system.
The lawmakers agreed America is now at an inflection point. Democratic and Republican leaders are coming together to support major drug policy reforms around cannabis, they said. And now that 40 states and D.C. have legalized the drug for recreational or medical use, or both, the congress members stressed that the time is now for action at the federal level.
Last summer, the U.S. Department of Health and Human Services issued a formal request to re-categorize marijuana as a Schedule III substance under the rules and regulations of the Controlled Substances Act, which kicked off an ongoing review by the Biden-Harris administration. Since the lawās enactment in 1971, cannabis has been listed as a Schedule I substance and, therefore, has been subject to the most stringent restrictions on and criminal penalties for its cultivation, possession, sale, and distribution.
Merkley acknowledged that re-scheduling would remedy the Nixon administrationās ābizarreā decision to house marijuana under the same scheduling designation as far more harmful and addictive drugs like heroin ā and noted that the move would also effectively legalize biomedical research involving cannabis. However, the senator said, while re-scheduling āmay be a step in the right direction, itās not de-schedulingā and therefore would not make real inroads toward redressing the harms wrought by decades of criminalization. Ā
Likewise, as she accepted her award, Lee specified that she and her colleagues are āworking night and day on the legalization, not re-scheduling.ā And her comments were echoed by Warren, who proclaimed in a prerecorded video address that āde-scheduling and legalizing cannabis is an issue of justice.ā
Congressional Republicans have blocked legislation to legalize marijuana, the Massachusetts senator said, āand that is why the scheduling is so important,ā as it might constitute a ātool that we can use to get this done without Republican obstruction.ā
Warren, Merkley, and Schumer were among the 12 Senate Democrats who issued a letter in January to the U.S. Drug Enforcement Administration requesting transparency into its re-scheduling process while also, more importantly, demanding that the agency fully de-schedule cannabis, which would mean the drug is no longer covered by the Controlled Substances Act.
However, in a possible signal of political headwinds against these efforts, their Republican colleagues led by U.S. Sen. Mitt Romney (R-Utah) responded with a letter to DEA Administrator Anne Milgram āhighlighting concerns over HHSās recommendation to reschedule marijuana from a Schedule I to Schedule III-controlled substance.ā The GOP signatories, all of whom serve on the Senate Foreign Relations Committee, also sought to āunderscore the Drug Enforcement Administrationās (DEA) duty under the Controlled Substances Act (CSA) to ensure compliance with the United Statesā treaty obligations under the Single Convention on Narcotic Drugs.ā
As Norton noted during her prepared remarks, elected Democrats are not necessarily always on the same page with respect to expanding access to economic opportunity facilitated by cannabis. For instance, though President Joe Biden had promised, during his State of the Union address this year, to direct his āCabinet to review the federal classification of marijuana, and [expunge] thousands of convictions for mere possession,ā Norton blamed Biden along with House Republicans for provisions in the federal budget this year that prohibit D.C. from using local tax dollars to legalize cannabis sales.
A non-voting delegate who represents the cityās 690,000 residents in the House, Norton called the presidentās position ādeeply disappointing,ā particularly considering his record of supporting āD.C. statehood, which would allow D.C. to enact its own policies without congressional interferenceā and grant its residents voting representation in both chambers of Congress. She added that the majority of Washingtonians are Black and Brown while all are held responsible for āthe obligations of citizenship including paying federal taxes.ā
Norton said the city should also have the power to grant clemency for crimes committed in the District, including cannabis-related crimes ā power that, currently, can only be exercised by the president.
Some Republican lawmakers have been at the forefront of efforts to reform harmful cannabis regulations. For instance, a participant in a mid-afternoon panel pointed to the CURE Act, a bill introduced by U.S. Reps. Nancy Mace (R-S.C.) and Jamie Raskin (D-Md.) that would prohibit the federal government from denying security clearances based on applicantsā past or current use of cannabis.
While securing statehood for D.C. and de-scheduling cannabis via legislation or administrative action are perhaps, at least for now, a heavy lift, Merkley pointed to promising new developments concerning his SAFER Banking Act.
The Oregon senator first introduced the measure, then titled the SAFE Banking Act, in 2019, and he said the legislationās evolution into its current iteration was difficult. āRegulators donāt want to be told what to do,ā Merkley said, and negotiations with these officials involved ānitty-gritty arguments over every word.ā
Pushback also came from one of Merkleyās Democratic colleagues. In September, Warnock, who is Georgiaās first Black U.S. senator, voted ānoā on the 2023 version of the SAFER Banking Act, writing: āMy fear is that if we pass this legislation, if we greenlight this new industry and the fees and the profits to be made off of it without helping those communitiesā most harmed by the War on Drugs āwe will just make the comfortable more comfortable.ā
Warnockās statement followed his pointed remarks expressing concerns with the legislation during a Senate Banking Committee hearing.
āLet me be very clear,ā he said, āI am not opposed to easing or undoing federal restrictions around cannabis. And I would support all of the provisions and reforms in this legislation if paired with broader cannabis reforms that substantively address the issue of restorative justice. This bill does not do that.ā
At this point, however, the latest version of the SAFER Banking Act has advanced out of committee and earned the support of Senate leaders including Schumer and much of the Republican conference.
āThis is the moment,ā he said. āLetās not let this year pass without getting this bill ā the safer banking bill ā through the House, through the Senate, and on the presidentās desk.ā
In her remarks, Lee also discussed the importance of business and industry-wide reforms like those in Merkleyās bill.
āWe have to make sure that the cannabis industry is viewed by everyone, especially our federal government, as a legitimate business,ā Lee said. āLegitimate, which deserves every single aspect of financial services that any legitimate business deserves and has access to.ā
Like Warnock, the congresswoman also highlighted how these financial and business considerations intersect with āequity issues,ā as āthose who have been most impacted by this horrible War on Drugsā must ābecome first in line for the businesses and for the jobs and for the economic opportunity the cannabis industry provides.ā
Reflecting on her experience introducing the Marijuana Justice Act in 2019, which was Congressās first racial justice cannabis reform bill, Lee remembered how āeveryone was like, āwhy are you doing this? Itās politically not cool.āā Her legislation sought to end the federal criminalization of marijuana, expunge the criminal records of those convicted of cannabis-related crimes, and reinvest in communities that have suffered disproportionately from the War on Drugs.
The congresswoman said she explained to colleagues how the bill addressed āmany, many layersā of often-intersecting problems linked to federal cannabis policy, telling them: āThis is a criminal justice issue, a racial justice issue, an issue of equity, a medical issue, a veteransā issue, and an issue of economic security.ā
Two years later, with a 220-204 vote, the House successfully passed the Marijuana Opportunity Reinvestment and Expungement Act, a comprehensive bill introduced by U.S. Rep. Jerry Nadler (D-N.Y.) and to the Senate by then-U.S. Sen. Kamala Harris (D-Calif.). The measure included Leeās Marijuana Justice Act.
āThis bill is the product of many, many years of advocacy for federal cannabis reform and equity,ā she said in a statement celebrating the billās passage. āMake no mistake: This is a racial justice bill. Itās about the thousands of people of color who sit in jail for marijuana offenses while others profit. Itās about finally repairing the harms of the War on Drugs on communities and families across the country.ā
āWe’ve come a long way,ā she told the audience on Wednesday. āAnd now we have a long way to go.ā
Congress
House passes spending bill as Greene threatens to oust Johnson
51 of 52 anti-LGBTQ riders were defeated
The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).
The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.
āToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.
Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.
The speaker, meanwhile, proclaimed, āHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā
With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”
Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.
Congress
Massive defeat for anti-trans, anti-LGBTQ riders in spending bill
Proposal has only one rider that would target community
On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative āpolicy riders.ā
These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.
One policy rider proposed for the Food and Drug Administration would have defunded any hospital that ādistributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,ā a measure targeting not only transgender youth but also those experiencing precocious puberty.
Another rider sought to bar any government funding toward āsurgical procedures or hormone therapy for the purposes of gender-affirming careā in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Bidenās executive order titled āPreventing and Combating Discrimination on the Basis of Gender Identity,ā which broadened anti-discrimination protections for trans individuals.
Additional riders included bans on funding for any organization thatĀ āpromotes transgenderism,āĀ Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.
In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.
Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.
In the past, some embassies have gotten around such bans by not āflying a flag over the embassyā but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.
News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. āAs you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,ā said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.
However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.
Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, āPeople are predicting a shutdown even if it’s just for a few days.ā Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.
Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.)Ā expressed angerĀ at funding for the New Jersey Garden State Equality in Education Fund, calling it āforce feeding the LGBT agenda in schoolsā and stating that it enables āgender mutilation surgeries in minors,ā ābiological menā in womenās bathrooms and trans participation in sports.
U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans āsurrenderedā to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote ānoā and to shut down the government.
In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.
See the House Appropriations Democrats statement:
The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.
However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.
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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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