National
Will Log Cabin endorse Romney?
Likely GOP nominee hires gay adviser but can’t outrun hostile primary rhetoric
Republican presidential candidate Mitt Romney (Blade file photo by Michael Key)
Mitt Romney swept a series of GOP presidential primaries this week as news surfaced that Newt Gingrich will suspend his campaign on Tuesday.
With Romney poised to wrap up the Republican nomination — and ready to pivot to the general election contest — his campaign announced the appointment of a gay man, Richard Grenell, to serve as national security and foreign policy spokesman.
The developments this week raise questions about whether the Log Cabin Republicans will endorse Romney for president, despite his promise to pursue a federal amendment banning same-sex marriage, among other anti-gay positions he’s articulated during the primary season.
The debate over whether to endorse Romney could prove thorny for Log Cabin. On one hand, the organization is likely to feel pressure from its Republican base to throw its support behind the party’s standard-bearer in the general election. On the other, Romney has backed anti-gay positions during the primary season, including support for a U.S. constitutional amendment banning same-sex marriage throughout the country and a pledge to defend the Defense of Marriage Act in court.
Christian Berle, Log Cabin’s deputy executive director, said the board will make the endorsement decision in advance of the Republican National Convention in Tampa Bay, Fla., this August.
“The endorsement of any candidate is something Log Cabin Republicans takes very seriously, particularly when it comes to a presidential nominee,” Berle said. “Staff and the board of directors will take the next several months to review Gov. Romney’s record and his vision for leading the country. Log Cabin Republicans will maintain its battle focus on building a stronger, more inclusive GOP.”
If history is any guide, then Log Cabin may withhold support for Romney because of his support for the federal amendment. Log Cabin endorsed George W. Bush in 2000. But in 2004, the group created a national stir when it withheld its endorsement of Bush’s re-election due to the president’s support for a constitutional amendment banning same-sex marriage. In a 22-2 vote, the Log Cabin board decided to withhold the endorsement.
Log Cabin’s then-president Patrick Guerriero explained the decision not to endorse Bush in an op-ed piece published in the Los Angeles Times.
“This year, despite our loyalty to the party of Ronald Reagan and Abraham Lincoln, we have decided, after significant discussion, to withhold our endorsement of President Bush,” Guerriero wrote. “It was a difficult choice, but our integrity requires it, and the Republican Party’s future will be stronger because of it.”
Although other concerns were cited, the primary reason for withholding support for Bush was his call for Congress to pass a Federal Marriage Amendment to send to the states for ratification.
“The constitutional amendment would not only ban gay marriage, it would also jeopardize civil unions and domestic partnerships,” Guerriero said. “The president’s support of an unnecessary and discriminatory constitutional amendment ignores the party’s belief in state autonomy and disregards the nation’s reliance on federalism. Using the Constitution as a campaign tool weakens our nation’s founding document and erodes our party’s proud tradition of equality and liberty.”
In many ways, Romney’s views mirror those of Bush in 2004. Romney signed a pledge from the National Organization for Marriage to back a Federal Marriage Amendment, defend the Defense of Marriage Act in court and establish a commission on “religious liberty” to investigate the alleged harassment of same-sex marriage opponents. NOM has endorsed Romney, whose Free & Strong America political action committee donated $10,000 to the organization as it sought passage of California’s Proposition 8.
Log Cabin has an awkward history with Romney. In 2007, Log Cabin ran an ad against Romney in Iowa attacking him for not being conservative enough. It included footage of Romney running for U.S. Senate and expressing pro-choice views and distancing himself from former Presidents Reagan and George H.W. Bush. A message at the end of the ad says it came from Log Cabin, but the Blade reported in 2008 that it was financed by Gill Action Fund.
“For years, he’s fought conservatives and religious extremists,” a female voice in the ad states. “Mitt Romney opposed the gun lobby, even Ronald Reagan. … A record fighting the religious right, a pro-choice record, Massachusetts values: Mitt Romney.”
But despite his support for a federal amendment, Romney’s anti-gay positions aren’t as extreme as other GOP candidates who competed against him for the Republican nomination. In a December interview with the editorial board of the Des Moines Register, Romney said he’s “not planning” on working to reinstate “Don’t Ask, Don’t Tell,” unlike the other candidates such as former U.S. Sen. Rick Santorum. Additionally, Romney said that although he backs a Federal Marriage Amendment, he doubts the political wherewithal exists to pass it.
Meanwhile, Romney’s decision to hire Grenell, who’s gay and a former Bush administration official, as his national security and foreign policy spokesman, was viewed as a pivot to the political center now that the primary season is ending. Grenell has come under fire for speaking out on Twitter against women, Democratic officials and the Gingriches. Around 800 tweets were reportedly deleted from his account.
Log Cabin threw its support behind Republican presidential nominee John McCain in 2008. In a 2008 Q&A with the Washington Blade, McCain said he’d establish a national AIDS strategy and would welcome a review of a “Don’t Ask, Don’t Tell” — although the lawmaker was the primary opponent of repeal during the 2010 legislative effort. As a U.S. senator, McCain voted against the Federal Marriage Amendment and didn’t run for president supporting the measure.
Many gay Republicans and Log Cabin chapter leaders declined to comment when contacted by the Washington Blade about whether Log Cabin should endorse Romney. In a leaked email dated April 13 obtained by the Blade, Log Cabin’s national staff told its chapter leaders not to speak to the Blade about the endorsement.
“We have been informed that Chris Johnson of the Washington Blade is reaching out to our chapter leaders with questions regarding the potential for Log Cabin Republicans to endorse Mitt Romney,” the email reads. “Please redirect Mr. Johnson to the national staff on this issue. No endorsement decision has been made, and it is in the best interest of our organization to refrain from comment at this time.”
Still, a handful of gay Republicans voiced support for the idea of a Romney endorsement when contacted by the Blade.
Bob Kabel, who’s gay and chair of the D.C. Republican Party, responded favorably when asked if he believes the national gay organization should throw its support behind Romney.
“I do think Log Cabin should endorse Romney,” Kabel said. “Romney has a good track record as governor of Massachusetts on gay issues, including appointing a number of openly gay officials in important positions. Other than on marriage, which we have a strong disagreement about, he is actually quite good on gay issues and, in addition, I think Log Cabin would support him because of his background and proven ability to understand the economy and create jobs. That what’s important to so many people, including gay people.”
Although Kabel touts Romney’s work on gay issues in Massachusetts, many LGBT advocates have criticized him for working to block legalization of same-sex marriage in Massachusetts and resurrecting a 1913 law preventing non-residents from marrying in the Bay State. According to MassEquality, Romney abolished the Governor’s Commission on GLBT Youth and rescinded an executive order prohibiting sexual orientation discrimination in the state workforce. Another Republican, former Gov. William Weld, had put those measures in place.
Jim Driscoll, a gay Nevada-based activist who served on the Presidential Advisory Council on HIV/AIDS during the Bush administration, also called on Log Cabin to endorse Romney. Driscoll is a Romney supporter who donated to his campaign — both in 2008 and 2012 — and supported him during the Nevada caucuses.
“I think they should endorse him,” Driscoll said. “It looks to me as if the only issue there is the marriage amendment. This isn’t something that I’ve followed closely, but it seems to me that there’s very little chance that that marriage amendment can pass. It’s kind of a dead issue. I don’t see that it has any momentum. And I suspect that while [Romney] formally favors it, he’s not going to lift his little finger to do anything to see that it passes.”
Outside groups on the right and left had their own views on whether Log Cabin should get behind Romney.
Jimmy LaSalvia, executive director of the gay conservative group GOProud, refrained from directly saying whether Log Cabin should endorse Romney.
“It’s not for me to opine on whether Log Cabin Republicans should or should not endorse Gov. Romney,” LaSalvia said. “It should be noted, however, that in 2004 they emphatically stated that they could not endorse a candidate who supported a Federal Marriage Amendment, and in 2008 they spent more than $100,000 to run television and radio ads attacking Mitt Romney.”
Jerame Davis, executive director of the National Stonewall Democrats, said “any credible organization” working for the LGBT community “cannot and should not endorse Mitt Romney,” but noted the question of an endorsement will likely be a difficult one for the organization.
“Log Cabin is in a very precarious situation when it comes to endorsing Mitt Romney,” Davis said. “On the one hand, if they do endorse Romney, they are sending a clear signal to the rest of the LGBT community that being partisan hacks is more important than standing up for LGBT equality. On the other hand, if they don’t endorse Romney they become largely irrelevant in the debate about who will be the next president. Not only would this give their rivals, GOProud, an opening to out flank them on the right, but it would also be problematic for their executive director, who happens to sit on the RNC finance committee.”
Former Log Cabin leaders were reluctant to weigh in on whether the organization should endorse Romney. Guerriero, who after leaving Log Cabin served as head of Gill Action Fund, didn’t respond to multiple requests for comment. He’s now a partner at Civitas Public Affairs Group.
Patrick Sammon, who headed Log Cabin during its decision to endorse McCain and is now a filmmaker, declined to comment.
But Rich Tafel, who founded the organization and led it from 1993 to 2003, said in an email to the Blade that the organization, “will probably endorse Mitt Romney.”
“Mitt is a moderate, which is [why] he’s had a tough time this primary,” Tafel said. “He has a history of supporting gays and appointing them, which makes him unique among the GOP candidates. He has a 45 percent chance of winning so LCR has a responsibility to ensure it has a role with him should he win. He’ll need to move back to the middle to win this.”
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
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.
Federal Government
Republican state AGs challenge Biden administration’s revised Title IX policies
New rules protect LGBTQ students from discrimination
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.”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
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:
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:
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.
United Methodist Church removes 40-year ban on gay clergy
Republican state AGs challenge Biden administration’s revised Title IX policies
University students have a right to protest
Former CAMP Rehoboth official sentenced to nine months in prison
Christian Siriano to serve as grand marshal of Annapolis Pride Parade
Md. governor signs Freedom to Read Act
HHS reverses Trump-era anti-LGBTQ rule
4th Circuit rules gender identity is a protected characteristic
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