National
Romney strong in first debate; LGBT issues not addressed
Obama mentions ‘Don’t Ask’ repeal among accomplishments
LGBT issues were virtually absent in the first debate between President Obama and Mitt Romney (Blade file photo by Michael Key)
Republican presidential nominee Mitt Romney turned in a strong performance in his first debate with President Obama Wednesday night, winning the contest according to most pundits and observers.
The 90-minute debate was virtually devoid of LGBT issues as the candidates clashed over broader economic issues and health care reform.
The most direct reference to LGBT issues came from Obama when he mentioned “Don’t Ask, Don’t Tell” repeal as part of a list of his accomplishments that he achieved through bipartisan effort.
Obama said he’ll “take ideas from anybody, Democrat or Republican” to advance the middle class and that strategy is how the administration passed small business tax cuts, enacted three trade agreements and “how we repealed ‘Don’t Ask, Don’t Tell.'”
Lanae Erickson, director of the social policy and politics program for the centrist advocacy group called Third Way, said she was pleased Obama included “Don’t Ask, Don’t Tell” among his bipartisan initiatives.
“Our country has come a long way when the only time an LGBT issue came up in the first presidential debate was as an example of bipartisanship,” Erickson said. “Obama used repealing ‘Don’t Ask, Don’t Tell’ in a list of things he had done to partner with folks across the aisle — it seems like that would have been unthinkable in 2004, or even 2008.”
Romney made an oblique reference to social issues. He talked about the first line of the Declaration of Independence and protecting “religious tolerance and freedom” in the country, which sometimes has been interpreted as code for support of social conservatives.
But the remark was incidental during the debate as moderator Jim Lehrer — whose performance was immediately savaged by critics — avoided social issues and posed questions on the economy, government programs and tax policy. Questions on LGBT issues weren’t raised — nor anything on other social issues, such as women’s rights or immigration.
Among the major points that came up included Romney saying he’d like to keep certain provisions in financial reform legislation known as Dodd-Frank, such as transparency and leverage limits. Romney also reiterated his pledge to repeal health care reform, but said he supports a policy that keeps insurance companies from discriminating against individuals with pre-exisiting conditions.
Obama and Romney also sparred over tax policy. Obama expressed support for tax cuts for the middle class because “we do best when the middle class is doing well” as he accused Romney of backing a policy that consists of tax cuts for the rich. Romney denied the charge, saying he doesn’t support tax cuts that add to the deficit, prompting Obama to quip, “Well, for 18 months he’s been running on this tax plan. And now, five weeks before the election, he’s saying that his big, bold idea is, ‘Never mind.'”
Jerame Davis, executive director of the National Stonewall Democrats, praised Obama for presenting a starkly different economic plan from Romney’s, saying the president went into more detail than the Republican candidate.
“Mitt Romney came to tonight’s debate prepared to take pot shots at President Obama while dodging questions about the specifics of his vague plans,” Davis said. “In contrast, President Obama addressed the American people directly and laid out a vision for the next four years. Romney’s choices — style over substance, attacks over proposals, platitudes over policies — speak to his character and the type of leader he would be.”
Jimmy LaSalvia, executive director of the gay conservative group GOProud, said Romney won the debate because he laid out greater detail in his proposals.
“Tonight was a very good night for Mitt Romney, a very bad night for Barack Obama, and a very good night for those Americans hungry for a new president and a new direction,” LaSalvia said. “Gov. Romney offered a clear contrast to the failed policies of the last four years. While Gov. Romney offered a new direction, President Obama couldn’t defend his record and offered little in the way of a vision for the future.
Romney also criticized Obama for taking $716 billion from Medicare to pay for expenses in other programs and pledged to reinstate those funds if elected president. This criticism, which has come before from the Republican side, has been roundly panned as a distortion — notably from former President Clinton during his speech at the Democratic National Convention — because the administration redirected those funds to close the donut hole under Medicare to provide prescription drugs for seniors.
John Aravosis, who’s gay and editor of AMERICAblog, took issue with what Romney had to say about Medicare, accusing the Republican candidate of being less than truthful.
“I didn’t like the fact that Romney seemed to trot out a lot of lies, particularly the claim that the president is ‘cutting’ Medicare when Romney’s VP, Paul Ryan, put the president’s Medicare proposal in his own budget,” Aravosis said. “But I also found it creepy that Romney kept saying his Medicare plan would exempt current seniors. If the plan is so good, then why not let current seniors ‘enjoy’ it too?”
Following the debate, many observers concluded Romney won. Obama deputy campaign manager Stephanie Cutter admitted to CNN afterward that “Romney absolutely wins the preparation, and he wins the style points” while adding the Republican candidate’s proposed policies aren’t resonating with the American people.
Dan Pinello, who’s gay and a political scientist at the City University of New York, said Romney won the debate, but only by presenting positions that were different from those on which he campaigned previously.
“Romney had the more animated performance in the debate, while Obama was more cautious,” Pinello said. “But Romney appeared to depart from important policy positions he’d taken during the primary campaign, not to mention his departures from Paul Ryan’s budget. So the debate winner was the New Mitt Romney, a person different from the one who had been the Republican nominee prior to Oct. 3. The loser, however, appeared to be the Republican Party’s base.”
R. Clarke Cooper, executive director of the Log Cabin Republicans, attributed the perception that Romney came out on top to the lack of social issues in the debate.
“One thing came through loud and clear tonight, and we hope our fellow Republicans take note: In a domestic debate without divisive and distracting social issues, conservative ideas resonate, moderates and independents listen, and the Republican wins,” Cooper said.
But Lehrer bore the brunt of criticism from observers. The candidates often ignored him and kept talking after he informed them their time had expired and was seen as asking questions that were too general.
Aravosis said he’s “not thrilled” LGBT rights didn’t come up in a debate about domestic policy, although he acknowledged there’s an opportunity for them to come up in subsequent debates, adding of the debate, “Was there a moderator? I didn’t notice.”
Davis also said Lehrer’s “poor moderation overshadowed the night” as well as Romney’s behavior, but blamed the Republican candidate for being unfairly harsh in demanding more time to speak.
“Knowing that Romney bullied a gay teen during prep school helps to explain his churlish behavior at tonight’s debate,” Davis said. “Instead of looking presidential, Romney appeared to be nothing more than a belligerent schoolyard bully.”
The next debate will be between the No. 2 candidates on the tickets — Vice President Joseph Biden and Republican vice presidential nominee Paul Ryan — and will take Oct. 11 in Danville, Ky. Following that, two more presidential debates will take place: a town-hall style debate on domestic and foreign policy in Hempstead, N.Y., on Oct. 16 and a foreign policy debate in Boca Raton, Fla., on Oct. 22.
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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