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Obama AWOL on ‘Don’t Ask’ repeal?

Activists turn up heat on president to act

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Army Lt. Dan Choi and five other LGBT veterans handcuffed themselves to the White House fence Tuesday in protest of ‘Don’t Ask, Don’t Tell,’ echoing a similar protest staged one month earlier. (DC Agenda photo by Michael Key)

As activists and lobbyists continue to press for repeal of “Don’t Ask, Don’t Tell,” some are losing patience with President Obama and moderate Democrats in Congress.

Obama was heckled at a fundraiser on Monday and a group of six former LGBT service members chained themselves to the White House fence this week to protest what they view as slow progress in overturning the law.

Meanwhile, the Human Rights Campaign and other advocates are working to push six key senators to support repeal of “Don’t Ask, Don’t Tell” this year.

Moderate senators from six states — Florida, Indiana, Massachusetts, Nebraska, Virginia and West Virginia — are the targets of HRC’s grassroots campaign. The renewed push to win their support comes as the Senate Armed Services Committee is poised to tackle the issue May 26 when it takes up the Defense authorization bill.

Allison Herwitt, HRC’s legislative director, said the grassroots effort is being coordinated by about two dozen field workers and includes postcards, phone calls, district office visits, op-ed placements and other media coverage.

“We’re also, where we can, working with some grasstops folks to weigh in with senators, and it’s an ongoing process,” she said.

Marty Rouse, HRC’s national field director, said the campaign builds on the organization’s earlier efforts such as the Voices of Honor tour and involves “identifying and mobilizing veterans” to contact senators and participate in the joint Lobby Day between HRC and Servicemembers United on May 11.

Servicemembers United Executive Director Alex Nicholson said his organization is identifying veterans with HRC’s membership and bringing in new veterans not connected to any organization to advocate for repeal.

“We’re basically setting up a number of events in each of these states with vets to talk about ‘Don’t Ask, Don’t Tell’ to get the issue to the local media,” he said.

But even with this campaign underway, senators from these six states aren’t yet committed to voting for repeal. Many are saying they want to hear the results of the Pentagon study on “Don’t Ask, Don’t Tell,” which is due Dec. 1, before taking action. The mandate of the study, as established by Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, is to examine how the U.S. armed services would implement open service should Congress repeal the ban.

One such senator waiting for the study results is Jim Webb (D-Va.). Asked by DC Agenda on Tuesday whether he favors repeal, Webb emphasized his support for the review currently underway.

“I think what Secretary Gates and Adm. Mullen proposed in terms of the study is very important,” Webb said. “We need to understand that. I support the approach that they’re taking. It’s responsible.”

Pressed on how he would vote on an amendment during the defense authorization markup, Webb reiterated his support for the working group and replied, “I think we need to honor the process that Secretary Gates and Adm. Mullen have put in motion.”

Holding a similar position is Sen. Bill Nelson (D-Fla.). In a statement, Nelson spokesperson Grant Schnell said the senator is interested in the results of the study.

“Sen. Nelson’s inclined to support repeal of the “Don’t Ask, Don’t Tell” policy, but wants to see the study Secretary Gates announced of how this would impact the military,” Schnell said.

Also refraining from endorsing repeal was Sen. Evan Bayh (D-Ind.). In a statement, Bayh said he’s “committed to ensuring that our troops are treated with the respect they have earned through their selfless service” and that his personal belief is “those who are willing to take a bullet for their country ought to be able to serve it openly.”

“However, President Obama is absolutely right to solicit the input and support of his top military commanders about the effects of repealing the ‘Don’t Ask, Don’t Tell’ policy,” Bayh said. “I will make a final decision after receiving the input of our top commanders.”

The offices of Sens. Robert Byrd (D-W.V.), Scott Brown (R-Mass.) and Ben Nelson (D-Neb.) didn’t respond to DC Agenda’s request for comment.

Asked about the progress in moving these senators to support repeal, Herwitt said the campaign is “a work in progress” and that many lawmakers typically hold out on announcing support for pro-LGBT legislation until just before it comes to a vote.

“You always have that last handful of House members or senators that you’re really looking to secure support from, and they’re typically the ones that don’t declare early,” she said.

Rouse noted that there’s a “significant presence” of mobilized efforts to repeal “Don’t Ask, Don’t Tell” in the six states where HRC is working to influence senators.

“If you talk [with] any leaders or politically engaged people in these six states, I think they would acknowledge that there has been significant movement across the states in support of ending ‘Don’t Ask, Don’t Tell,’” Rouse said.

Nicholson also said “it’s really too early” to tell whether the effort will be successful in moving moderate senators to vote for repeal.

“With these swing vote senators, they’re not going to make up their minds until the last minute, and [then only if they] absolutely have to,” he said. “If they’re not forced to take the vote, I don’t think they’re going to take the risk of coming out one way or the other.”

Still, Nicholson said he’s seen evidence of these senators noticing the campaign’s efforts in their states, citing Nebraska as an example where increased media coverage of “Don’t Ask, Don’t Tell” has come to the attention of Ben Nelson’s staff.

Nicholson said he’s heard members of Ben Nelson’s staff have taken the initiative in conversations with other staff members on Capitol Hill to mention an uptick in newspaper stories coming from Omaha, Neb., and Lincoln, Neb., on “Don’t Ask, Don’t Tell.”

“What we do know right now, what we are able to see, is that it’s being noticed — that’s for sure,” Nicholson said.

‘Within a vote or two’

But with votes from these key senators still in play, it remains to be seen whether there will be sufficient votes in the Senate Armed Services Committee to advance repeal.

During a press event Tuesday, Sen. Mark Udall (D-Colo.), a strong proponent of repeal in the Senate, was optimistic about having enough support, noting that “we’re very close” and “we’re within a vote or two.”

“There are certainly a number of senators on [the Democratic] side that are on record as wanting to overturn ‘Don’t Ask, Don’t Tell,’ and there are some who have not made their intentions clear,” Udall said.

Among Republicans, Udall said Sen. Susan Collins (R-Maine), a moderate who often supports LGBT civil rights bills, has “expressed an interest in overturning ‘Don’t Ask, Don’t Tell.’”

Nicholson estimated that a vote now in the Senate Armed Services Committee to repeal “Don’t Ask, Don’t Tell” would have a 25 to 50 percent chance of succeeding without further intervention from the administration.

“I think that Bayh and Bill Nelson are ‘lean yeses,’” Nicholson said. “They’re undecideds, but they’re undecideds leaning towards ‘yes.’”

One factor that would be seen as a tremendous boon — and perhaps even essential — to moving key senators to support repeal is an explicit endorsement from President Obama to attach an end to “Don’t Ask, Don’t Tell” to the upcoming Defense authorization bill.

But the White House and the Pentagon have not come forward with an explicit endorsement of repeal this year. In response to a query from DC Agenda during a press briefing last month, Gates said he doesn’t recommend a change in the law until the Defense Department completes its study implementing open service and that he thinks the president is comfortable with this process.

On Monday, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, wrote a letter to Obama urging him to come out for repeal. Sarvis said he’s concerned about “multiple reports” that the president’s congressional liaison team “is urging some members of Congress to avoid a vote on repeal this year.”

Among those noticing a lack of support from the Obama administration to repeal “Don’t Ask, Don’t Tell” at this time is Senate Armed Services Committee Chairman Carl Levin (D-Mich.). Asked by DC Agenda on Tuesday what the White House and the Pentagon are saying they want from lawmakers on “Don’t Ask, Don’t Tell,” Levin replied, “Let them complete the analysis.”

During his press event, Udall called for a stronger voice from Obama. While acknowledging the president made clear in January during his State of the Union address that he wants to work to repeal “Don’t Ask, Don’t Tell,” Udall said he wants to see and hear more from Obama on the issue.

“The White House has, in the State of the Union address, made it clear they want to repeal ‘Don’t Ask, Don’t Tell,’” Udall said. “The timing they continue to leave up to the Congress. That’s why I think it will be very useful if the president weighed in and said that this year is the year to finish the job.”

Anger with Obama for failing to endorse immediate repeal led protesters to interrupt the president’s speech Monday at a Los Angeles fundraising event for Sen. Barbara Boxer (D-Calif.).

In another protest, six LGBT veterans handcuffed themselves to the gates of the White House on Tuesday in protest over “Don’t Ask, Don’t Tell” and were subsequently arrested. Among the demonstrators were Lt. Dan Choi and Capt. Jim Pietrangelo, who were arrested last month after handcuffing themselves to the White House fence in a similar protest.

In a statement, Choi said he and other LGBT veterans participated in the action out of concern that the president is wavering on his commitment to push for ending “Don’t Ask, Don’t Tell.”

“We are handcuffing ourselves to the White House gates once again to demand that President Obama show leadership on repealing ‘Don’t Ask, Don’t Tell,’” Choi said. “If the president were serious about keeping his promise to repeal this year, he would put the repeal language in his Defense authorization budget.”

Following the protest in Los Angeles, White House Deputy Press Secretary Dan Burton wouldn’t say in response to a reporter’s question aboard Air Force One whether Obama supports repeal at this time. Instead, Burton emphasized that “a tremendous amount of progress” has been made on the issue.

“This is a policy that’s been in place for quite a long time, and as we’ve seen on other issues, change is hard,” he said. “But that said, what we’ve seen is the Chairman of the Joint Chiefs of Staff and the Secretary of Defense both come out in support of this change, and we’re moving with as much speed as possible to see that it’s done.”

Nicholson said he doesn’t think it’s possible to move senators to vote for an immediate repeal bill without more support from the president. But he noted a bill with delayed implementation, as Servicemembers United previously recommended, is possible.

“I think that’s the best chance we have for getting this because it’s the only thing consistent with what the Pentagon wants and it’s the only … middle ground between what the Pentagon says they want and what we are willing to give up and accept,” Nicholson said.

Nicholson said the repeal legislation currently before the Senate isn’t a delayed implementation bill because it calls for an immediate cessation of discharges while allowing the Pentagon working group to complete its study.

Regardless of the positions of the White House and Pentagon, Herwitt said HRC and other advocates are working to make repeal happen this year in the hopes of moving moderate senators to vote for repeal.

“I think that we are going to continue to push and advocate for these senators’ votes,” she said. “The president said in the State of the Union address that he will work with Congress this year and we are continuing to push forward.”

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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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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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