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Gay Calif. mayor seeks U.S. House seat

GOP candidate would be first member of Congress in same-sex marriage

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Mike Gin (right) and his spouse Christopher Kreidel (Photo courtesy Gin for Congress)

A gay Republican from California could become the first person in a same-sex marriage elected to Congress if he wins a U.S. House seat in an upcoming special election.

Mike Gin, who’s served as mayor of Redondo Beach, Calif., since 2005, said economic and education issues would be his priorities if elected to Congress, but he would welcome any benefit that his visibility as a gay member of Congress in a same-sex marriage would impart to LGBT youth.

“Certainly, we all need role models, and being gay and being married is just a part of who I am,” Gin said. “If somehow my election would provide some inspiration or maybe help a young person that’s very conflicted about being gay, then I think that’s a wonderful thing.”

Gin, 48, married his spouse, Christopher Kreidel, 50, an animator, at the Redondo Beach Historic “Morrell House” three days before Proposition 8 passed in California, eliminating same-sex marriage rights in the state. The couple has been together 16 years.

The California mayor is pursuing a U.S. House seat to represent California’s 36th congressional district, which was vacated when former Rep. Jane Harman left Congress to become head of the Woodrow Wilson International Center for Scholars.

In what is likely to be a difficult race for Gin, an all-party primary is set for May 17. If no candidate wins a majority, the two candidates who receive the most votes, regardless of party, will participate in a run-off election on July 12 to determine who will represent the district in the U.S. House.

If elected, Gin would become the fifth sitting openly gay member of Congress, joining Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wisc.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.). Gin would also be the first openly gay Republican to serve in Congress since former Arizona Congressman Jim Kolbe retired in 2007.

“I look at it just simply as part of who I am,” Gin said. “I’ve been very fortunate to be very open in my community and people have always treated me with tremendous respect and, even though they might agree with me on what they might consider to be a lifestyle, or the particular political positions that I have, I have always been very fortunate in being treated with a great amount of respect.”

Job creation would be the top priority for Gin. To stimulate the economy, Gin said Congress should sustain community block grants funds as well as the Workforce Investment Act, a 1998 law signed by then-President Clinton that created regional Workforce Investment Boards throughout the country to entice business. Gin said House Republicans had proposed to defund the law, but he wants it to continue.

“I view the budget not as a slash-and-burn approach as I think I’ve seen, especially over the past few months,” Gin said. “The Workforce Investment Act has created jobs, particularly in aerospace, and helped us sustain jobs here in the community.”

Another important issue for Gin is investment in education — particularly in the fields of science, technology, engineering and mathematics. A former computer technician for the aerospace and defense industries, Gin said science education forms the foundation of the talent needed in his district for the advanced technical industries and he wants to see federal education grants in these areas.

“We need more young people to get excited about careers in science, engineering and mathematics in order to sustain that base of talent that we need here in our local industries,” Gin said.

Gin’s emphasis on economic issues in his campaign is part of the reason he won an endorsement in his race from the Log Cabin Republicans.

R. Clarke Cooper, Log Cabin’s executive director, said Gin has already proven he’s an effective leader in the course of the time he’s been a public servant.

“It says a lot that Redondo Beach is one of California’s few debt-free cities under his leadership, and that Mike was able to raise more than $100,000 in the first three days of his campaign,” Cooper said. “He is ready and able to join the GOP majority in Congress fighting to create jobs and turn this economy around, and Log Cabin Republicans will work to send him to Washington this summer.”

Gin has also won the endorsement of 10 current or former mayors in the South Bay of California and the Redondo Beach Chamber of Commerce.

Although he’s emphasizing economic issues, Gin said LGBT issues would also be on his agenda if elected to the House. Gin said upon taking his House seat he’d join the LGBT Equality Caucus, which is chaired by the openly gay members of Congress.

“To me, that’s really a non-issue because I strongly believe in the rights affecting our community and legislation affecting our community because it affects my family as well,” Gin said.

Among the bills that Gin said he’s support are the Employment Non-Discrimination Act, which would bar job discrimination against LGBT people, and the Uniting American Families Act, which would allow gay Americans to sponsor their foreign partners for residency in the United States, as well as legislation to repeal the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.

Gin also said he’d oppose a measure pending before the House that could disrupt the process for “Don’t Ask, Don’t Tell” repeal by expanding the certification requirement to include the four military service chiefs. In December, President Obama signed legislation allowing for an end to the military’s gay ban, but only after he, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready.

“Certainly, the [chair of the] Joint Chief [of Staff] represents all the service chiefs throughout our nation’s armed forces — and with the secretary of defense and the president, the commander-in-chief in particular — I believe those are the three appropriate people that need to certify and would be very competent and knowledgeable about certifying the readiness of our troops,” Gin said.

Mike Gin (photo courtesy Gin for Congress)

Gin’s work as an LGBT advocate has been limited, although he was involved in the fight against Prop 8 in 2008 by taking part and contributing money to a coalition of Republicans that were against the initiative. In 2000, Gin said he was also against Prop 22, which made a ban on same-sex marriage part of the state law.

“Those are issues that I’ve come out in front of because, again, it affects my family as well,” Gin said. “I don’t consider myself an activist, but I’ve certainly been an advocate for legislation that affects our community. Being an out mayor has allowed me to have that voice.”

In the course of his run for Congress, Gin said he hasn’t encountered any anti-gay campaign tactics from his opponents. Still, he said he has endured attacks on his sexual orientation in his previous runs for office as mayor.

“There was a very ultra-conservative social conservative group here in California called the California Republican Assembly, which did an independent expenditure campaign flier against me — a very subtle way with issues regarding the gay agenda,” Gin said. “Very frankly, many people in my community were put off by it, and I believe that actually backfired on them and helped me gain greater support for my election as mayor in 2005.”

Even though upon taking his House seat, Gin would be voting for Republican leadership and joining the Republican caucus — which most Capitol Hill observers agree wouldn’t be willing to advance pro-LGBT legislation — the California mayor said his presence among GOP lawmakers could change minds.

“I would not hesitate at all to tell them my personal story and how this type of legislation affects my family and many families throughout our nation to bring the conversation back to really what I feel Republicanism is about and how it started,” Gin said. “That’s how hearts and minds can change. Whether or not it will happen, I don’t know.”

Gin expressed mixed feelings about House Speaker John Boehner’s (R-Ohio) decision to take up legal defense of the Defense of Marriage Act now that the Obama administration has declared it would no longer litigate on behalf of the statute. Gin said he’s personally against DOMA, but sees advantages to Boehner’s action.

“If you look at it from a constitutional level, sometimes the case, the judicial case, can be strengthened if you have some sort of opposition that’s mounted,” Gin said. “From a personal level, I don’t like the fact that that’s occurring, but also, the silver lining, if it occurs, is that clearly, I think, the courts have been in favor of us to this point. The very strong record should be built that further strengthens our case, if, in fact, counsel is appointed.”

Gin faces an uphill battle in his pursuit of a U.S. House seat as he runs in a Democratic district where two high-profile Democratic candidates are in the running: California Secretary of State Debra Bowen and Los Angeles City Council member Janice Hahn.

Recent polls released from the campaigns of the Democratic challengers indicate the race is neck-and-neck between Bowen and Hahn — with Gin following behind. According to an internal poll published last month by the Bowen campaign, Bowen and Hahn are tied at 20 percent in the race while Gin comes in at 8 percent.

Additionally, Bowen and Hahn are better funded than Gin. According to most recent Federal Election Commission reports, Bowen has raised $195,000 and has $93,000 in cash on hand, while Hahn has raised $275,000 and has $171,000 in cash on hand. Meanwhile, Gin has raised $77,000 and has $42,000 in cash on hand.

At the same time, California’s state equality organization last month threw its support behind Bowen in the race. Jim Carroll, interim executive director for Equality California, cited Bowen’s long-term commitment to the LGBT community in the announcement of the endorsement’s from his organization’s political action committee.

“Equality California PAC only endorses candidates who support full equality for the entire lesbian, gay, bisexual and transgender community, and Debra Bowen has a long track record of standing with our community when we’ve needed her most,” Carroll said. “We are confident that she will remain a vocal champion for equality in Congress and a committed leader that all Californians can count on.”

Gin said he’s pursuing an endorsement from the Gay & Lesbian Victory Fund. Denis Dison, a Victory Fund spokesperson, said he couldn’t comment on candidates that his organization has yet to endorse. The Victory Fund has endorsed Gin in his previous runs for political office as mayor of Redondo Beach.

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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Federal Government

4th Circuit rules gender identity is a protected characteristic

Ruling a response to N.C., W.Va. legal challenges

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Lewis F. Powell Jr. Courthouse in Richmond, Va. (Photo courtesy of the U.S. Courts/GSA)

BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.

Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.

In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.

The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.

In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.

Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.

Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.

See this portion of the court analysis here:

4th Circuit rules against legal argument that trans treatment bans do not discriminate against trans people because ‘they apply to everyone.’

Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.

Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.

The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.

Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.

The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:

The 4th Circuit majority rebuts the state’s proxy discrimination argument.

Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”

Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.

Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.

The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.

Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.

The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.

The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.

Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.

Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.” 

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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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