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Gay candidate wins Democratic primary in Wis. congressional bid

Pocan wins nomination to run for Baldwin’s House seat

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U.S. House candidate Mark Pocan (Blade file photo by Michael Key)

The gay candidate seeking to replace Tammy Baldwin in the U.S. House claimed the Democratic nomination in the congressional race Tuesday night — all but assuring him a seat in Congress at the start of next year.

The Associated Press reported at around 10:24 pm on Tuesday evening that Mark Pocan, who’s gay and a member of the Wisconsin State Assembly, won the Democratic nomination. His main opponent in the primary was Kelda Helen Roys, a fellow Assembly member.

With 35.6 percent of precincts reporting, Pocan had strong lead over Roys. Pocan had 69.6 percent of the vote, while Roys had 22.7 percent, according to Politico.

The primary coincidentally falls on the same night as Pocan’s birthday; he turns 48 years old on the same day he wins the Democratic primary. Pocan takes the Democratic nomination in the district that Rep. Tammy Baldwin (D-Wis.) is vacating to pursue her run for U.S. Senate.

Wisconsin’s 2nd congressional district, which compromises Madison and nearby areas, is heavily Democratic. The Republican challenger Chad Lee, a businessman, isn’t expected to put up a serious challenge this fall. At this point, the U.S. House seat almost assuredly belongs to Pocan.

Pocan secured endorsements from prominent national LGBT groups, including the Gay & Lesbian Victory Fund and the Human Rights Campaign. Wisconsin’s state LGBT group, Fair Wisconsin, had also endorsed Pocan.

Chuck Wolfe, CEO of the Victory Fund, praised Pocan’s work as a public official and said he’d be a “strong and authentic” voice for the LGBT community in the U.S. House.

“Mark Pocan is an outstanding public servant who will be a strong and authentic voice for LGBT Americans in Congress,” Wolfe said. “It’s fitting that as Congresswoman Tammy Baldwin fights to win a historic victory in the Senate, Mark Pocan will follow in her footsteps as one of the most powerful voices for LGBT equality in America.”

Roys, a former executive director of NARAL Pro-Choice Wisconsin, had the backing of EMILY’s List, which is also supporting Baldwin in her bid for U.S. Senate.

Pocan outraised Roys during the election cycle. According to Federal Election Commission reports, Pocan had $785,000 in net receipts, $512,000 in net expenditures and $273,000 in cash on hand. Only $5,500, or about 1 percent, of his net receipts were from self-financing. On the other hand, Roys had $454,000 in net receipts, $388,000 in net expenditures and $66,000 in cash on hand. Her contributions to her own campaign amounted to $20,000, or about four percent of the total net receipts.

Roys’ negative attack ads against Pocan received significant media attention toward the end of the campaign. Late last month, her campaign began airing an ad saying Pocan “caved in” and voted with Republican Gov. Scott Walker, a Tea Party favorite, to “throw million of dollars in tax giveaways to big corporations.” She took flak from fellow Democrats as a result and lost her endorsement from State Rep. Fred Clark. In response, Pocan said during a news conference the ad was “far fetched.”

Pocan is married to Phil Frank. The couple has been together nearly a decade, and were married almost six years ago in Toronto, although the state doesn’t recognize their marriage due to a constitutional amendment ratified by Wisconsin voters in 2006.

In a Washington Blade interview in November, Pocan said he supports pro-LGBT legislation in Congress, including 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. As a state lawmaker, Pocan said 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 to have some rights and responsibilities.

Pocan is one of several openly LGBT candidates who are on the ballot for U.S. House seats this fall. They include incumbents Reps. Jared Polis (D-Colo.) and David Cicilline (D-R.I.) as well as Richard Tisei in Massachusetts, Kyrsten Sinema in Arizona, Mark Takano in California and Sean Patrick Maloney in New York.

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Federal Government

HHS reverses Trump-era anti-LGBTQ rule

Section 1557 of the Affordable Care Act now protects LGBTQ people

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U.S. Department of Health and Human Services Secretary Xavier Becerra (Public domain photo)

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.”

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Pennsylvania

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

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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

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

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

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

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

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

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

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