National
Gay Wis. lawmaker hopes to win Baldwin’s seat
Pocan pledges active role in LGBT rights fight
U.S. House candidate Mark Pocan (Blade photo by Michael Key)
It’ll be a tough act for Mark Pocan to follow.
The gay lawmaker in the Wisconsin State Assembly is seeking the seat being vacated at the end of this year by lesbian Rep. Tammy Baldwin (D-Wis.), who’s leaving the U.S. House to pursue a run for the U.S. Senate.
In an interview with the Washington Blade, Pocan, 47, said he wants to represent Wisconsin’s second congressional district to build on the work he’s done during his seven terms in the Wisconsin Assembly and to bring a progressive voice to Congress.
“I’ve always said there’s only one other job I would want,” Pocan said. “Our county executive recently left, and she said, ‘Do you want to run for that?’ She spent six months talking about manure digesters, and that wasn’t something I really thought was that exciting, but legislative work is something I really enjoy. It’s something that I think can have some of the same results at the state level at the federal level.”
The political careers of Baldwin and Pocan have been intertwined. Both served in the early 1990s as members of the Dane County Board of Supervisors. When Baldwin left the State Assembly in 1998 to pursue a run for Congress, Pocan ran to fill her seat.
Among his priorities, Pocan said, is “fighting the proper fight” for progressives on issues related to jobs and the economy. Having run a specialty printing firm for 23 years, Pocan said companies need access to capital to grow and jump start the economy.
“It’s funny to hear Republicans talk about job creators, and they get all excited when the say the words, ‘job creators,’ but their answer to everything is a new tax break for the wealthy,” Pocan said. “I think, when I look at, I know that what small businesses who are my customers need is access to capital, so they grow their business. So, I think I can very credibly provide a small business perspective, but matched with progressive values.”
If elected, Pocan would join other openly gay Democrats in the U.S. House and possibly keep that number at four after Baldwin leaves. Gay Reps. Barney Frank (D-Mass.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) are incumbents seeking re-election.
Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, said Pocan has what it takes to join the ranks of the other openly gay lawmakers in Congress fighting for LGBT rights. The organization has already endorsed him.
“Mark is a vocal and respected fighter for progressive values, and that’s what people can expect from him as a member of Congress,” Dison said. “In the same tradition as Congresswoman Baldwin, Mark won’t be shy about speaking out for what he believes in, and he’ll be an effective champion for LGBT equality.”
Pocan is married to Phil Frank, 34, who works as operations manager at the print shop that they both own. The couple has been together nine years, and were married five years ago in Toronto, although the state doesn’t recognize their marriage due to a constitutional amendment ratified by Wisconsin voters in 2006.
Pocan said he “absolutely” wants to follow Baldwin’s lead when it comes to fighting for LGBT rights. It’ll be a tall order: Baldwin was the first non-incumbent openly gay person elected to Congress and is a lead coordinator for pro-LGBT initiatives in Congress.
Drawing on his work in the Wisconsin Assembly, Pocan asserted he has the ability to take the lead on LGBT issues in Congress. As a state lawmaker, he played a key role in pushing through domestic partner benefits for state employees and, as part of the state budget, a domestic partner registry enabling same-sex couples in the state to have 43 of the rights and protections of marriage. Both measures went though the Joint Committee on Finance, where Pocan serves as a member.
“Those are two pretty significant measures for our state that are we rather behind on, that we were able to get done through my committee and through my leadership in the last session once the Democrats took control,” Pocan said.
Asked which pro-LGBT measures he’d like to pursue at the federal level, Pocan said he “wants to work with the community” to determine which measures are the highest priority.
“It’s working with the community groups in deciding what we need to move at the right time,” Pocan said. “Because clearly, in some congresses, you’re not going to able to move bills, you’re going to be fighting any bad legislation that could happen.”
Pocan said he supports repeal of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, as well as passage of the Employment Non-Discrimination Act and the Uniting American Families Act.
Recalling the recent backlash against the conservative, anti-labor policies of Gov. Scott Walker (R) — who’s facing potential recall — and the fight against the same-sex marriage ban in 2006, Pocan said the LGBT movement is an intrinsic part of the progressive movement as a whole. Earlier this year, Democrats led recall efforts against six Republican state senators and unseated two.
“When we had the fight for collective bargaining, our main political organization, Fair Wisconsin, and many people came with rainbow flags to show support from collective bargaining. I think it’s the collective fight that we have against people who want to take away rights — it’s just growing and becoming more sophisticated and more powerful.”
Pocan urged President Obama to take further action on LGBT rights. An endorsement of marriage equality, Pocan said, is among the steps he wants to see from Obama — as well as other members of Congress — and said an “education process” is necessary to enable Obama to “evolve” as he said he could do.
“When you talk to the president and other members of Congress, let them see what a same-sex couple looks like who are happy married after five years and defying most of the odds of heterosexual couples at that point,” Pocan said. “It’s a matter of getting public officials sometimes to lead like they’re supposed to and making them as a comfortable as possible so they can do the right thing.”
Additionally, Pocan said he “absolutely” wants to see Obama take action to address workplace discrimination against LGBT people. The candidate said he backs the idea of Obama issuing an executive order prohibiting federal dollars from going to contractors and suppliers that don’t have non-discrimnation policies based on sexual orientation and gender identity.
“We’ve looked at this in our state, too, where sometimes you just work the system the best you can,” Pocan said. “You can’t say you’re going to wait necessarily for the political winds that brought in the Tea Party and others to suddenly acquiesce to civil rights. So we need to have the president take a leadership role. I think he’s done a lot of positive things for the community, but there’s a lot more he can do, and I think we need to make it so that there’s a strong environment so that he can get those things accomplished.”
Such an executive order has been seen as an interim solution until Congress can pass ENDA, although the Obama administration hasn’t said whether it will issue the directive.
Wisconsin’s 2nd congressional district — which includes Madison, sometimes referred to as the most gay-friendly district in the country — is a Democratic stronghold, so most observers expect Pocan to have no trouble winning the seat in the general election.
But Pocan won’t have smooth sailing in getting to Congress. In the Democratic primary likely to take place Aug. 14, Pocan is facing at least two Democratic opponents: State Rep. Kelda Helen Roys, who’s been serving in the legislature since 2008, and David Worzala, who was elected three times to the Dane County Board of Supervisors and serves as Dane County Treasurer.
“For us, the primary is the general, so there’s that kind of emphasis on the primary,” Pocan said. “We have to convince the voters that I’ve been a proven fighter for progressive values, got 18 years to look at my record. You know where I’m at, I’m not suddenly going to change, sell out to the Tea Party or something like that. I can best use the skills I’ve built, the accomplishments I’ve had in the legislature and bring that to a federal level.”
Baldwin hasn’t made an endorsement in the House race. Phillip Walzak, a Baldwin campaign spokesperson, said Baldwin thinks either Pocan or Roys would be good candidates to succeed her in representing the second district.
“Tammy has worked closely with Mark over the years, and Tammy thinks both Mark Pocan and Kelda Helen Roys are great candidates for her House seat,” Walzak said.
In terms of fundraising, Pocan is ahead of his Democratic opponents. According to the most recent Federal Election Commission reports, Pocan has raised $123,000 this election cycle and has about the same amount in cash on hand. Comparatively, Roys has raised $70,000 and has $67,000 in cash on hand, while Worzala has raised $55,o00 and has $52,000 in cash on hand.
But Pocan said he has something else to offer the Democratic Party if he’s chosen as the standard-bearer heading into the general election: a track record of helping other Democrats win election. During his time in the Assembly, Pocan said he’s worked on the campaign committee to help elect Democrats to the state legislature.
“Two cycles ago, when we took the majority for the first time in 14 years, I was in charge of that operation,” Pocan said. “I think that that’s something hopefully I can also bring to Congress. Having a very safe district like the 2nd district means whoever wins the primary will very likely be the next member of Congress. I think there’s an obligation to seat like that to help elect other Democrats.”
The election of more Democrats, Pocan said, would be key to advancing LGBT rights and other issues important to the progressive movement.
“Hopefully I can do that sort of thing and help in Congress because unless I help elect more Democrats, it’s not likely that I’ll pass the very things, the values I have and my district has,” Pocan said.
Federal Government
HHS reverses Trump-era anti-LGBTQ rule
Section 1557 of the Affordable Care Act now protects LGBTQ people
The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities.
The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.
“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”
The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.
“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.
“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”
In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.
Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.
These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.
GLAAD President Sarah Kate Ellis released the following statement in response to the news:
“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administration last Friday released final regulations
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.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
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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