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Obama campaign launches initiative to reach out to LGBT voters

Community urged not to ‘sit on the sidelines’

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The Obama campaign on Wednesday officially kicked off a new initiative aimed at building LGBT support for the president as Pride season begins and the general election campaign heats up.

During a conference call, supporters of the president called on LGBT people to help Obama win re-election. On the call with reporters Wednesday detailing the project — dubbed “Obama Pride: LGBT Americans for Obama” — was Jamie Citron, LGBT vote director for the campaign, and Joe Solmonese, the outgoing president of the Human Rights Campaign and one of the 35 national co-chairs of the Obama campaign. Clo Ewing, director of constituency media for the campaign, moderated the call.

Each of them emphasized the work Obama has done on LGBT issues — in particular his endorsement of same-sex marriage two weeks ago — and the importance of Obama winning re-election.

Citron said the 2012 election was too important for the LGBT community to “sit on the sidelines” and emphasized the need for voter registration efforts to help Obama win re-election. On the day prior to the launch of Obama Pride, Citron said the campaign held LGBT-focused voter registration drives across the country.

“The president knows the importance of making sure our voices are heard in November and to that end, will continue to make voter registration and volunteer recruitment a top priority through Pride month and into the fall,” Citron said.

According to a statement, the initiative launches with trainings, phone banks and house parties in a number of states including Pennsylvania, Colorado, Nevada and Michigan — which are seen as battleground states in the general election. Citron announced the launch of a new website on the Obama campaign page devoted to the LGBT community.

Outgoing Human Rights Campaign President Joe Solmonese (Washington Blade file photo by Michael Key)

Solmonese discussed the president’s LGBT achievements during his first term — including mandating hospital visitation rights for gay couples, hosting a bullying summit at the White House and repealing “Don’t Ask, Don’t Tell” — as he drew a distinction between Obama and presumptive Republican presidential nominee Mitt Romney on their views of same-sex marriage.

“With a president’s historic statement on same-sex marriage, the choice we’re facing as a country and a community could not be clearer,” Solmonese said. “We can re-elect the leader who’s working with our community toward full equality under the law, or we can sit back and watch Mitt Romney take us back to where we started.”

Solmonese, who’s set to leave HRC when incoming President Chad Griffin takes over on June 11, said Romney’s position on marriage is “also historic” because the candidate is to the right of former President George W. Bush on the issue. While Bush said he supports civil unions, Romney has said he opposes them in addition to backing a U.S. constitutional amendment banning same-sex marriage throughout the country.

A partial transcript of the Q&A between reporters and the Obama campaign members at the end of the call follows:

Q: Joe, question for you. What is the plan for the campaign to sort of address what issues specifically the president would advance in his second term? You went through a lot of these accomplishments, but what sort of effort will there be to lay out a plan for the second term?

Solmonese: One of things I’ve been inspired by president and the administration — and this goes back to the days that we met with them in the transition offices before we were in the White House. Quite frankly, it goes back to during the campaign in the general election.

One of the things that always came to me — and it came from the president — was that the agenda was really a collective conversation between the president and the administration, us as a community, and our allies on Capitol Hill in the House and the Senate. That collective agreement and that collective sense of where we were had everything to do with why we moved hate crimes first, we moved “Don’t Ask, Don’t Tell” second, and so that collective understanding of where we’re going is how we’re going to shape the agenda for the next administration.

We have landmark issues that we need to continue to address, continue to move on, like the repeal of [the Defense of Marriage Act], like the passage of a fully inclusive ENDA. And so, that’s the kind of ongoing conversation we’ll have.

I think one of the things that we all recognize — and I know that the president recognizes because we saw this during the repeal of “Don’t Ask, Don’t Tell” — is that the makeup of Congress is going to have a lot to do with that. That is why those fights and the fights to make sure to do everyone we can to take back an LGBT-friendly House of Representatives are going to have a lot to do with how that agenda gets shaped — and hold what we have in the Senate and hopefully add to those numbers.

Q: The conventional wisdom is that the president’s endorsement of same-sex marriage is going to be met with some sort of political attack in states like Ohio, North Carolina, Virginia. Will this new LGBT Americans for Obama unit have a role to play in trying to combat those of attacks? If so, what specifically is in the works to ensure that the president’s support for same-sex marriage ends up not being [against him]?

Ewing: The goal of the Pride program is to organize LGBT members of the community across the country, organize about issues that they care about and organize as far as coming into the campaign, and also mobilizing folks for November.

As far as the attacks that you talked about. One of things that we’ll continue to do is talk about the president’s record, talk about his record of accomplishments, and stand on that. If you’re talking about marriage specifically, one of things that I can do is point you to a lot of recent polls that really show that the support for gay marriage and marriage equality is growing across the country.

That being said, what polls also show is that same-sex marriage is not the most important issue that will affect people’s votes come November. It’s not the first issue, it’s not the second issue and it’s not the third issue. That being said, what the LGBT program is going to do is make sure that they’re mobilizing voters.

Citron: I just want to jump in as well. I just want to point back to the president’s own words on the subject. I think what he said is incredibly powerful and it talks about what brings us together, not what pulls us apart. I think that’s the message that we’re going to be putting with this program. That doesn’t just mean the LGBT community, but broader, and I think that that’s something we’re very excited about.

Q: The President mandated in December that all agencies working abroad must report on what they’re doing to protect and advance LGBT rights in other countries within 180 days. That falls in June. Will this be part of Pride month messaging? …

Ewing: I’m going to have to send you to the White House on that one. I can tell you right now that it’s not a plan of ours to include in the next couple of weeks of outreach to the community, but not for any specific reason.

Q: Some poll numbers now showing particularly in Florida, the same-sex marriage announcement might be problematic for the president. What’s your take? Should he have waited? …

Solmonese: The president did that because it’s the right thing to do. He understood that, as anything he does, that there’s going to be a reaction to it in various part of the country. You have to look at how people feel about the issue, but also that intensity question of polling, where it falls on the spectrum of things that people care about.

While that may be true in Florida, I have been heartened to see polling numbers in various states around African-American voters. And quite frankly, the way in which, I think, other things have unfolded on the heels of the president’s announcement — particularly the NAACP, for instance — coming out in support of marriage equality, and what that has meant to folks around the country. This election, like all elections, from this point to November is going to be a roller-coaster. On given day, in some of these battleground states, we’re going to see a lot of movement, but the president did what he thought the right thing to do was and we’ll move forward from there.

Q: There is a small but vocal group of black Christians who are very vocal about their dismay with the president’s decision. What would you to say to them? …

Ewing: I would say a couple different things. No. 1, I would say, as the president said, this is his personal view that it’s wrong to prevent couples are who in loving committed relationships and want to marry from doing so. The president said, too, that he did a lot of soul-searching on this issue, and he talked to his wife about it, he talked to his children about it. He heard from a lot of people, friends who were in long-term relationships, service men and women who had he gotten to know during the fight for “Don’t Ask, Don’t Tell” [repeal]. This is a decision that he thought about and really had to evolve on. It’s a personal decision of his, and that’s where he’s at on it.

Also, as for the community that you mentioned, there are also a lot of clergy who are in support of that and who have talked about their support of it. … I know that Joe mentioned organization like the NAACP who have come out in support of same-sex marriage and marriage equality. I would say more than anything that as the president said, it’s his personal view here, and he felt it was important for him to share it.

Solmonese: I would add one thing to that. There are two similar but distinctly different conversations going on here, particularly in states like Maryland. They’re building support and mobilizing African-American voters to support this president in the fall. I have to believe that regardless of the president’s position on marriage equality, they will support this president in an incredibly strong way. And then there is the work that we have to do as a community, and as advocates, to win and build support for marriage equality — a fight that we find ourselves in in the State of Maryland.

Those are two different orders of business, and I think we approach them that way. Again, what I’m heartened by is in states like Maryland, regardless of the fact that some have taken issue with the president’s position on marriage equality, they continue to support the president in strong numbers and — I think this has to do with the president’s statement as well as a series of things that have happened in the aftermath — we see continued growth among African-American voters in support of marriage equality.

I think the difference we took on in the fight in Proposition 8 back in 2008 and the work we did in the District of Columbia more recently is that as a community we have done the front end work of building relationships, of finding common humanity around these issues, respecting differences, particularly religious differences. Again, trying to find that common ground.

Ewing: The last thing I want to point out. … This is about civil marriage and civil laws. We are respectful of religious liberties. We are respectful that churches and other faith institutions are going to be able to make determinations about what their sacraments are and what they recognize. As a civil law, the president does support marriage equality.

Q: This sounds like it’s an effort to turn out the gay vote. I’m wondering is there going to be any element of this to try and convince that segment of the gay vote that tends to vote Republican to try to get them to cross over and vote for Obama this time?

Citron: Certainly, an element of this will be about turning out the LGBT vote, but even more so than that, it’s about engaging the LGBT community to get our effort off the ground. One of the most powerful tools that this campaign has is our ground time, and our core volunteer teams that we’re building across the country. What we want to do is make sure that the LGBT community, where they live is a core part of that program, and a core part of the team that’s going to move us forward toward victory in November.

So, this is not just about turnout but about really making sure that the LGBT community — this is a part of our effort on the ground, as they are a part of the effort. We want our effort to look like the country itself.

You bring up a good point and we will talk a lot about the president’s record and the work he’s done for the LGBT community, and I think we’ll talk a lot too about Mitt Romney, what he’s promised to do as president, and also his record as governor. I think that will make a very stark contrast between the two. And I think that will be something that will resonate with LGBT people across the board regardless of their political affiliation.

Solmonese: I say this from the HRC point of view. That will be a big focus because I think that if you remember back in 2008, Sen. McCain did not support the Federal Marriage Amendment, there was some kind of contusion about a whole range of issues … But Gov. Romney has very clearly committed to do the work of passing the Federal Marriage Amendment, and to me, if he were ever elected president — I’m never really completely clear on his convictions, but I know that he is very much open to what people around him and would be obligate to the people whom he felt put him there.

The core of all that is his commitment to work to pass the Federal Marriage Amendment. This is very much a part of HRC rating these candidates. The Federal Marriage Amendment is the ultimately deal breaking for us; it is enshrining discrimination into the United States Constitution. It is absolutely sort of the last line in terms of really discrimination against this community. And, I think, for that reason, it’s incredibly important that we make sure that every member of this community, Republicans in particular, understand that distinction and understand just what that would mean because I feel like out there with our opponents, the fear  and the progress that we are making with regard to our success in marriage equality is genuine and it is palpable. So the fight to get that done, I think, is absolutely real if he were to become the president.

On the same day that the new LGBT initiative was launched, the campaign made public a video narrated by actress Jane Lynch about Obama’s support for the LGBT community.

Watch the video here:

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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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