National
Gay advocate a leading voice on gun control
Glaze serves as director of Mayors Against Illegal Guns
Mark Glaze is leading the charge on gun control as director of Mayors Against Illegal Guns
Following a wave of horrific gun violence across the country, the nation is engaged in intense debate over gun control as President Obama on Wednesday issued a series of proposals to address the issue. One advocate who’s no stranger to working on behalf of the LGBT community is among those leading the call for action on gun control.
Mark Glaze, 42, has a variety of issues in his portfolio as a principal of the D.C.-based political affairs firm the Raben Group, including campaign finance reform, government ethics as well as LGBT issues — but also serves as director of Mayors Against Illegal Guns, the largest gun violence prevention group in the country.
In an interview with the Washington Blade, Glaze, who’s gay, said the country is “at a tipping point” in the wake of shootings like the one last month at Sandy Hook Elementary School in Newtown, Conn., where 20 children and six school officials were killed, and is ready to embrace the kinds of protections that “we get the chance to pass once in a generation.”
“The mass shootings are happening more and more rapidly, and they’re becoming more and more deadly,” Glaze said. “The Newtown shooting was the second biggest mass shooting in U.S. history after Virginia Tech in 2007. And, you know, the kids who were shot and murdered were my son’s age, and it was right before Christmas. So, I think that combination of things has just got the public and the president ready to say, ‘Enough is enough, let’s finally get this right.'”
Mayors Against Illegal Guns has been in the spotlight in recent weeks amid intense media interest in gun control. New York City Mayor Michael Bloomberg serves as co-chair of the group along with Boston Mayor Thomas Menino. More than 800 mayors are members of the coalition, and this week, the organization passed one million grassroots supporters.
As for Glaze himself, he’s been widely featured in the mainstream media lately, including in the New York Times, Washington Post, the Associated Press and Politico. He’s also set for appearances on MSNBC’s “Hardball,” the PBS Newshour and an interview with CNN’s Piers Morgan.
Glaze, who in 2010 was hired by the Human Rights Campaign to push for Senate legislation to repeal “Don’t Ask, Don’t Tell,” enters the gun control debate after robust work on LGBT issues — an area of focus that he said he still continues to pursue. Glaze has assisted in work for Mayors for the Freedom to Marry, an organization co-chaired by Bloomberg.
Glaze also has personal experience with guns and hunted when he was young. Growing up in the ranching town of Parlin, Colo., Glaze’s father was a gun dealer and he was raised in a house that was attached to a general store selling guns.
“My dad is like most gun dealers,” Glaze said. “He thinks that law-abiding people should have to take background checks, so everybody should have to take background checks. And gun dealers don’t like that guns get a terrible reputation because unlicensed sellers are handing guns out to people with criminal records. It gives the entire industry a bad name.”
Obama unveils gun control proposals
On Wednesday, President Obama unveiled in the South Court Auditorium of the White House a package of proposals developed by Vice President Joseph Biden’s task force to reduce gun violence, including an assault weapons ban, a measure to ban high-capacity magazine clips, and an effort to close loopholes in the country’s background check system.
“And in the days ahead, I intend to use whatever weight this office holds to make them a reality,” Obama said. “Because while there is no law or set of laws that can prevent every senseless act of violence completely, no piece of legislation that will prevent every tragedy, every act of evil, if there is even one thing we can do to reduce this violence, if there is even one life that can be saved, then we’ve got an obligation to try.”
Joining Obama as he unveiled the proposal were Biden as well as children from around the country who wrote him letters in the wake of the Newtown tragedy expressing their concerns about gun violence and school safety, along with their parents. Afterward, Obama signed 23 executive orders to address gun violence.
Glaze said he and other members of Mayors Against Illegal Guns met twice with administration officials — including one meeting that was attended by Biden himself — to lay out the case for gun control.
For Glaze, passing legislation that will close the loophole that currently allows individuals to buy guns without background checks from unlicensed private sellers will be a priority among other initiatives Obama enumerated as part of his proposals.
“Only licensed gun dealers have to give background checks, but almost 50 percent of gun sales in any given year are conducted by unlicensed private sellers,” Glaze said. “They do it online, at gun shows or out of the trunk of a car — and federal law doesn’t require those sellers to give background checks. So, it’s like creating two lines at the airport: one for people who want to go through security and get a background check, the other for people who feel they don’t need to pass a background check.”
In the Newtown tragedy, Adam Lanza used a Bushmaster XM-15 to shoot his victims. Sen. Dianne Feinstein (D-Calif.) has said she will introduce legislation to ban the sale and possession of assault weapons, while Sen. Frank Lautenberg (D-N.J.) is planning a less sweeping proposal to ban the sale of magazine clips.
While Mayors Against Illegal Guns supports such proposals, Glaze said those weapons account for a small percentage of gun violence despite media attention to these shootings.
“Basically the assault weapons ban is important, but only two to 10 percent of firearms fatalities in any given year are connected to assault rifles,” Glaze said. “Thirty-three people are murdered with guns in the United States every day, and the majority of those murders were committed with handguns.”
Glaze also emphasized the potential for President Obama to take executive action to allow for greater enforcement of gun control laws already on the books. One such action — which was not taken among the 23 executive orders signed by Obama on Wednesday — would be for Obama to instruct the Justice Department to increase prosecution of dangerous people who are declined when they try to buy a gun at a licensed dealer.
“In 2009, 71,000 people who were prohibited gun purchasers — because they were felons, they were seriously mentally ill, they were domestic abusers — tried to buy guns by licensed dealers and were blocked,” Glaze said. “That’s a felony, trying to buy a gun when you’re a prohibited purchaser. But only 44 of those people were prosecuted. … Many of those people go on to buy guns somewhere else from an unlicensed dealer, where they don’t have to get a background check, and then they go on to commit crimes.”
Glaze also called on President Obama to make a recess appointment if Congress won’t take action to confirm a director of the Bureau of Alcohol, Tobacco, Firearms and Explosives — a position that has been vacant for six years. President Obama on Wednesday tapped B. Todd Jones to head the bureau. He’s been acting director since August 2011 while maintaining his position as U.S. attorney for the District of Minnesota.
“It’s hard to imagine the Department of Homeland Security, or a Fortune 500 company, not have a CEO for six years,” Glaze said. “And the agency suffers as a result. The president should get it done himself if the Senate can’t do it.”
NRA scoffs at proposals
Resistance to Obama’s proposals has already emerged from the powerful National Rifle Association.
After the remarks in which Obama unveiled his proposals, the NRA issued a statement criticizing the approach the administration was taking on gun violence.
“We look forward to working with Congress on a bi-partisan basis to find real solutions to protecting America’s most valuable asset – our children,” the organization said. “Attacking firearms and ignoring children is not a solution to the crisis we face as a nation. Only honest, law-abiding gun owners will be affected and our children will remain vulnerable to the inevitability of more tragedy.”
But Glaze dismissed the impact of the NRA, saying despite its money the group doesn’t have as much influence over lawmakers as some might think, noting the dismal performance of congressional candidates the organization backed on Election Day.
“The idea that the NRA can take away a congressman’s seat just because they support background checks is just a myth,” Glaze said. “It’s a very popular myth around Washington, but it’s a myth. If you look at how well the NRA has performed in the last five or six election cycles, the number of races where their participation made a dispositive impact can be counted on one hand.”
Glaze said the NRA had a “horrible year” in 2012 because it spent more money than ever before in a presidential election to defeat a president “who they say is trying to destroy the Second Amendment” and invested more than $100,000 in seven Senate races, while six of their candidates lost.
Despite his past work on LGBT issues and own identity as gay man, Glaze said he doesn’t think LGBT people are more inclined to support gun control efforts because concern is spread over a variety of demographics.
“Basically, every demographic — men, women, African-American, Hispanics, LGBT people — are all in basically the same place on gun issues,” Glaze said. “Basically, despite the politics that you hear in the media and see in Washington, there’s a broad consensus among real people on this issue for the first time in a generation.”
Glaze said he has no idea whether other LGBT organizations will get involved, although he noted that the Bohnett Foundation has been contributing funds to the effort, and gay Rep. David Cicilline has introduced his own legislation that would close the firesale loophole — in addition to being one of the founding members of Mayors Against Illegal Guns while still mayor of Providence, R.I.
Robert Raben, who’s also gay and head of the Raben Group, said Glaze’s role as principal at the organization gives him “the flexibility to spend all of his time on this signature and crucial effort” and to draw on its resources “as the campaign itself changes from messaging to organizing to legislative advocacy.”
“We are unbelievably proud of Mark’s leadership; he has enormous responsibility and meets it well, with vision and delivery,” Raben said. “That he is an openly gay man helping lead such an important effort is a tribute to his professionalism, and how the country and its understanding of our talent has changed.”
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.
Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:
“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.
“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”
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.
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