National
Could 2010 be ‘Year of the Gay?’
Large number of out candidates running for office
David Cicilline, the gay mayor of Providence, R.I., is seeking a U.S. House seat in this year’s election. (Photo courtesy of Cicilline Committee)
The unprecedented number of LGBT candidates expected to seek political office this November could be setting up 2010 as the “Year of the Gay.”
A number of gay candidates are running for high-profile office this year. In addition to the three openly gay lawmakers in the U.S. House seeking re-election, several non-incumbent gay candidates are running for Congress.
Steve Pougnet, the gay mayor of Palm Springs, Calif., is seeking a House seat and David Cicilline, the gay mayor of Providence, R.I., is also running for Congress. Another gay candidate, Ed Potosnak, is running to represent New Jersey in the U.S. House. All three men are campaigning as Democrats.
Gay candidates are also seeking election to prominent statewide offices. In Massachusetts, Richard Tisei, a state senator, is in contention to become the Republican candidate for lieutenant governor. In Connecticut, Kevin Lembo, a health care advocate, is seeking the Democratic nomination to become lieutenant governor.
Additionally, several LGBT people are seeking election or re-election in races at the local level. Notable candidates include Kathy Webb, a lesbian who’s running for re-election to the Arkansas State House; Jolie Justus, a lesbian who’s running for re-election to the Missouri State Senate; and Heather Mizeur, a lesbian who’s running for re-election to the Maryland State House.
The Gay & Lesbian Victory Fund, which backs qualified LGBT candidates for political office, has endorsed for the November election 68 candidates for federal and local races. That’s the highest number of candidates the organization has ever endorsed at this point prior to a November election.
Denis Dison, a spokesperson for the organization, projected the Victory Fund will endorse at least 112 candidates by the time the general election arrives. It would be more candidates than the organization has ever endorsed for a general election.
“When people see someone like [lesbian] Annise Parker win election as mayor of Houston, they question their assumptions about what’s possible, and I think that when people see other LGBT candidates succeed, they believe they can they can do it, too,” Dison said.
The potential for the election of so many gay candidates to office could make 2010 a milestone in terms of visibility for LGBT officials. Such a change would echo a political phenomenon from 1992, which became known as the “Year of the Woman.” At the time, Democratic nominee Bill Clinton’s victory was accompanied by the election of four female Democrats to the U.S. Senate.
Three of those women still serve in the Senate today: Sens. Dianne Feinstein (D-Calif.), Barbara Boxer (D-Calif.) and Patty Murray (D-Wash.). Carol Moseley Braun, a presidential candidate in 2004, was also elected to represent Illinois in the U.S. Senate. Never before had four women been elected to the U.S. Senate in one election.
Dan Pinello, a gay government professor at the City University of New York, said the 1992 election’s outcome was the result of greater attention paid to feminist issues such as the Equal Rights Amendment and the Anita Hill hearings on Capitol Hill.
“Maybe the same thing is happening now in the LGBT community, given what’s occurred in the last decade or so around the issue, for example, of relationship recognition,” he said. “So there may be a correlation there in terms of there being events that spark attention to a particular community, and then, a decade or so later, it’s recognized enough to have members of that community be acknowledged publicly through election to public office in substantial numbers.”
Despite this potential for gay wins, Pinello said even if three LGBT non-incumbent candidates were elected to Congress, it wouldn’t yet proportionately reflect the LGBT population if, as some national exit polling data indicates, around 4 percent of American voters self-identify as lesbian or gay.
“Thus, in order to increase the openly lesbian and gay membership of Congress so that it would be comparable to the proportion of the population that is gay, you’d need about 18 more members, or an additional 600 percent,” he said.
Pinello was skeptical, though, whether wins for LGBT candidates seeking office in Congress this November should be considered substantial. He said a greater number of candidates would be necessary to make representation more closely reflect the American public.
“If there were like eight or 10 out there, and 435 total seats in the House, that would be notable,” he said. “That would be a dramatic shift, but I don’t know that anything short of that would be.”
Nonetheless, Pinello said every additional LGBT person elected to office would be a representational win, and called having known LGBT candidates running for office “a substantial statement.”
Noting the lack of LGBT representation in public offices throughout the country, Dison said LGBT people have a “long way to go” toward achieving representation in elected office, even if 2010 brings significant success.
“There are over half a million elected offices in the country and only 470 right now are filled with openly LGBT persons,” he said. “We’re still at the beginning of this effort to have our voices heard in government.”
But Dison said with so many LGBT candidates seeking office, 2010 could bring a surge in LGBT representation and predicted that a majority of Victory Fund-endorsed candidates would be successful in their races.
“Our win rate has fluctuated sort of between 65 and 75 percent over the last five years,” he said. “If that tradition holds, we’ll see roughly 70 percent.”
Michael Mitchell, executive director of the National Stonewall Democrats, said his organization intends to help LGBT candidates win election at the federal level as part of their overall plan to help Democrats win races this year.
“There are some great gay candidates out there — some who are already in, obviously, some who are running,” he said. “We are in the process of fine tuning our election plan and we’re going to be launching that very, very soon in the next couple weeks.”
Mitchell said he’s planning a coordinated campaign with an online presence intended to engage people across the country, using a model similar to what was used for the election of Parker as Houston mayor.
“We had folks from all across the country calling with Stonewall folks from Texas, and we were responsible for about 10,000 calls in one day,” Mitchell said. “We want to do similar things for the candidates that we are focused on, and I’m sure that some of those LGBT candidates will be included in our races.”
Dison said so many wins for LGBT candidates would benefit LGBT Americans because it would help ensure the community’s voice is heard.
“When people are able to speak from an authentic place as an LGBT person, it really changes the debate in the rooms where the decisions are made on things that affect our lives,” Dison 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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