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Murphy: Obama will ramp up efforts after ‘Don’t Ask’ report

Pa. lawmaker says repeal can happen this year

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Rep. Patrick Murphy (Blade photo by Michael Key)

The champion of “Don’t Ask, Don’t Tell” repeal in the U.S. House maintains that President Obama will provide the “full spectrum” of engagement in getting the military’s gay ban repealed once the Pentagon completes its report on the issue.

In an interview Tuesday with the Washington Blade, Rep. Patrick Murphy (D-Pa.) said Obama has been engaged in moving Congress to repeal “Don’t Ask, Don’t Tell” and that this effort will expand once the Pentagon working group report — due Dec. 1 — is complete.

“I think there are different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement,” Murphy said.

The first Iraq war veteran elected to Congress said he expects this “full spectrum of engagement” to come from not only the White House, but also the president’s “own Department of Defense.”

Murphy said he hasn’t seen a draft copy of the report, but noted media reports indicating that the study will be favorable to open service in the U.S. military. He said the study should have a positive impact on senators who’ve said they wanted to wait for the report before endorsing “Don’t Ask, Don’t Tell” repeal.

“The study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do,” Murphy said. “And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.”

Sen. Joe Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, and Sen. Susan Collins (R-Maine) sent a letter to the Pentagon on Monday calling for the report to be made available to members of Congress as soon as possible. The Human Rights Campaign issued a similar statement last week.

Asked whether he similarly thinks the report should be available now, Murphy replied, “I think they should release it as soon as it’s completely done.”

Murphy said he’s participated in discussions with Senate leadership and Senate Armed Services Committee Chair Carl Levin (D-Mich.) about moving forward with the fiscal year 2011 defense budget bill, which currently contains “Don’t Ask, Don’t Tell” repeal.

Still, the Pennsylvania lawmaker didn’t offer details on the discussions and characterized them only as “productive.”

Amid reports that talks are taking place to potentially strip the defense authorization bill of its repeal language, Murphy said Republicans have sought a bill without the “Don’t Ask, Don’t Tell” provision.

“I think that’s what the Republicans would like to see,” Murphy said. “But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal ‘Don’t Ask, Don’t Tell’ and put it on the president’s desk, so he can sign it into law.”

With limited time remaining this Congress, it’s possible lawmakers won’t repeal “Don’t Ask, Don’t Tell” this year, leaving Obama to come up with another game plan — perhaps non-congressional action such as a stop-loss order — to put an end to the gay ban.

But Murphy was reluctant to call on Obama to issue a stop-loss order to end discharges under “Don’t Ask, Don’t Tell” and maintained Congress can still repeal the law this year.

“Let’s cross that bridge when we get there,” he said. “Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.”

While seeing a path forward this year, Murphy doubts that Republican leadership in the 112th Congress will be willing to consider “Don’t Ask, Don’t Tell” repeal as part of its agenda.

Asked whether he thinks GOP leaders in the next Congress would be willing to address the issue, Murphy replied simply, “N0.”

During his time in Congress, Murphy has been seen as a leader for “Don’t Ask, Don’t Tell” repeal because of his work moving a measure that would end the ban through the U.S. House.

Murphy took up sponsorship of “Don’t Ask, Don’t Tell” repeal legislation last year, which at the time had about 150 co-sponsors, and gradually built support for the measure.

In May, the work paid off when Murphy submitted a repeal amendment to the House floor that passed by a vote of 234-194.

The work earned Murphy considerable support among the LGBT community in his bid for re-election. Still, he didn’t survive the Republican tide on Election Day and was defeated by his GOP opponent, Mike Fitzpatrick.

But Murphy said he isn’t going to “second guess” whether his leadership on “Don’t Ask, Don’t Tell” repeal contributed to his loss on Election Day.

“My dad taught me that if you don’t stand for something, you fall for anything,” Murphy said. “And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.”

Even with his loss, Murphy said he stands by other tough votes in his district, such his “yes” votes on the $787 billion stimulus package and health care reform.

“We stopped the worst recession from turning into a depression,” Murphy said. “As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.”

And what’s on Murphy’s docket once his term is complete at the end of the year?

“I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game,” Murphy said. “That’s the game plan.”

The transcript of the Murphy interview follows:

ON ELECTION RESULTS

Washington Blade: What’s your take on the election results on Nov. 2? Do you think that your leadership on “Don’t Ask, Don’t Tell” repeal contributed to your loss on Election Day?

Rep. Patrick Murphy: You know, I’m not going to second guess anything. My dad taught me that if you don’t stand for something, you fall for anything. And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.

Blade: Why do you think you think you lost on Election Day?

Murphy: I think it was a tough year for Democrats, and I think my opponent ran a great campaign, and I’m proud of the support that we had, but it was an historic wave that we got caught up in, but … we’re going to continue to stand for middle-class families and for our country and do what’s right.

Blade: Is there anything over your past two terms in Congress that you regret? Anything that you think you could have done differently to win re-election?

Murphy: You know, I don’t live my life with regrets. There’s things here and there. I wish I would have played the lottery numbers differently on Saturday night. … We had an incredible time serving the families of my district and our country, and we helped protect 3,000 jobs, we helped end the war in Iraq, we helped move our country in a new direction. …

Blade: So the vote for the stimulus package, the vote for the health care bill — you stand by them today?

Murphy: Absolutely.

We stopped the worst recession since the Great — we stopped the worst recession from turning into a depression. As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.

ON ‘DON’T ASK’ REPEAL IN LAME DUCK

Blade: How confident are you that Congress is going to be able to repeal “Don’t Ask, Don’t Tell” in the lame duck session?

Murphy: Well, we need the Senate to act. It’s in the Senate’s hands. We did our job over here in the House. I was proud to lead that effort and now we’re continuing to put the appropriate pressure on the Senate to do what’s right for national security.

We’re still in Afghanistan and Iraq and we cannot be forcing honorable men and women who are willing to take a bullet to keep our families safe to be thrown out just because they happen to be gay.

Blade: Are there any conditions that you think need to be met — anything that you think needs to happen — to muster enough support for the Senate to move forward?

Murphy: I think we’ll see — we need the senators, especially on the Republican side, to do what’s right for our troops, and I think it couldn’t be more clear. A lot of them said, “Well, let’s see what the study group says.” Well, the study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do.

And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.

Blade: Have you had conversations with Senate leadership or Senate Armed Services Committee Chair Carl Levin about moving forward with the defense authorization bill in lame duck?

Murphy: Yes.

Blade: How would you characterize those conversations?

Murphy: Productive.

Blade: What made them so productive?

Murphy: You’ll see.

Blade: How serious do you think this talk is of moving forward with the defense authorization bill with the “Don’t Ask, Don’t Tell” language stripped? Is that a serious option that’s on the table?

Murphy: I think that’s what the Republicans would like to see. But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal “Don’t Ask, Don’t Tell” and put it on the president’s desk, so he can sign it into law.

Blade: You mentioned the media reports on the Pentagon study. Do you see that having an impact right now on influencing some senators who were on the fence in getting them to support “Don’t Ask, Don’t Tell” repeal?

Murphy: I hope so because they looked their constituents and the American public in the eye and said, “As soon as this working group comes back, we’ll do the right thing on what it says.” Well, the report came out, it shows how the American military feels that this is a non-issue and that there is … 26 other countries who allow their members to serve openly, and for the American troops, it’s offensive to them to think that they’re not as professional as 26 other countries.

So, hopefully, our senators recognize that and will do what’s right.

Blade: Have you seen the draft report?

Murphy: No.

Blade: Should the Pentagon release the report immediately — the official report? And, if they do that, what kind of impact do you think that would have on getting the ball rolling?

Murphy: I would like to read it, and I would like to see it, and I look forward to reading it.

Blade: But should they release that report immediately?

Murphy: I think they should release it as soon as it’s completely done.

ON THE OBAMA ADMINISTRATION

Blade: Do you think President Obama has been engaged in getting the Senate to move forward with “Don’t Ask, Don’t Tell” repeal in lame duck?

Murphy: Um, uh, yes.

Blade: What evidence do you see of him doing that?

Murphy:  Well, I think there’s different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement.

Blade: During a recent press conference, White House Press Secretary Robert Gibbs didn’t identify “Don’t Ask, Don’t Tell” repeal as among the legislative items the president wants to see in lame duck. Is that of concern to you?

Murphy: I think they were waiting for the report to come out. The report is days away from coming out officially — and not just excerpts of it that we’ve all read.

Blade: Is there anything more right now that the president could be doing to get the Senate to move forward with “Don’t Ask, Don’t Tell” repeal?

Murphy: I think once the report comes out we’ll see the full spectrum of engagement from — and the appropriate amount of engagement from the White House once that report comes out from his own Department of Defense.

Blade: Do you think Defense Secretary Robert Gates right now is being engaged in getting the Senate to move forward with the defense authorization with “Don’t Ask, Don’t Tell” repeal?

Murphy: I look forward to Gen. [Carter] Ham’s testimony on Thursday.

Blade: But do you think Secretary Gates is engaged?

Murphy: I look forward to Gen. Ham’s testimony on Thursday.

Blade: Do you think that this process — having a year-long study to examine “Don’t Ask, Don’t Tell” — was the appropriate way to address the issue? Do you think it jeopardized legislative efforts for repeal by leaving only a small window open for action in lame duck?

Murphy: Well, I think the premise behind the study was that — how we’re going to implement “Don’t Ask, Don’t Tell” [repeal], not if we’re going to repeal “Don’t Ask, Don’t Tell.” So, I think it’s interesting — to read that report and how we’re going to implement it.

But the reality of this is I think that we have time to act. We all serve until Jan. 3, and we need to get out there.

Blade: There’s also been some action in courts. A California federal court ruled “Don’t Ask, Don’t Tell” unconstitutional, and for eight days, had an injunction in place preventing enforcement of the law. Do you think it was a mistake for the Obama administration to appeal this ruling?

Murphy: Well, you know, it’s interesting. I actually met a soldier who went and enlisted after that injunction came out. And then, … he was going to get his physical and they had to withdraw.

I think that’s why it’s very clear that Congress needs to do its job and that we can’t punt this to the courts or to the White House. We need to get after it and finally repeal the law that Congress put into place 16 years ago. …

Blade: In the event that Congress doesn’t repeal “Don’t Ask, Don’t Tell” in lame duck, do you think the president should issue a stop-loss order to stop the discharges?

Murphy: Let’s cross that bridge when we get there. Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.

ON THE NEXT CONGRESS

Blade: In the event that Congress can’t do it this year —

Murphy: Congress can do it this year. We all serve until Jan. 3.

Blade: Do you think the 112th Congress will be in an equal position to appeal “Don’t Ask, Don’t Tell” compared to the 111th Congress?

Murphy: I guess time will tell. We’ll see.

Blade: Do you think Republican leadership in the House will be willing to consider “Don’t Ask, Don’t Tell” repeal?

Murphy: No.

Blade: If this fight continues, can you recommend someone in the 112th Congress who can take up the mantle of “Don’t Ask, Don’t  Tell” repeal in the U.S. House?

Murphy: Let’s get it done in the 111th Congress now. …

ON HIS PERSONAL FUTURE

Blade: Once your term expires, what do you plan to pursue when you go back to Pennsylvania?

Murphy: I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game. That’s the game plan.

Blade: Is there an occupation that you intend to pursue?

Murphy: We’ll see.

Blade: Do you plan on continuing to be an advocate for open service in the military?

Murphy: I continue to plan on serving my country in some capacity and fighting for the lives that I believe in to make our country even greater.

Blade: And open service in the military is among them?

Murphy: Yes.

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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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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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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