National
CPAC highlights GOP division on gay rights, marriage
‘A few in our movement just don’t like gay people’
Conservative pundits urged the GOP to evolve on the marriage issue at CPAC. (Washington Blade photo by Michael Key)
NATIONAL HARBOR, Md. — The message from Republicans on gay inclusion in the party was mixed as the Conservative Political Action Conference unfolded over the weekend. As one faction of the party was saying evolve or die, the other was saying there’s no need for change.
The push for Republicans to adopt a more inclusive tone was heard most distinctly during an unofficial event at CPAC titled, “A Rainbow on the Right: Growing the Coalition, Bringing Tolerance Out of the Closet.”
That panel concluded just hours before Sen. Rob Portman (R-Ohio) announced he supports marriage equality. But at the same time, leaders of the Republican Party — most prominently House Speaker John Boehner (R-Ohio) — continue to assert steadfast opposition to marriage equality.
Jimmy LaSalvia, executive director of the gay conservative group GOProud, was one of the lead speakers on the panel and advocated for a change in the conservative movement.
“In 2013, those who demonize gay people and oppose homosexuality are way out of the mainstream, because everyone has a gay person in their lives — and they know better,” LaSalvia said. “I believe that this issue contributes more to conservatives’ image problem than any other, because it’s an issue that cuts across all demographic groups. And it has to be addressed.”
LaSalvia, whose organization endorsed marriage equality in January, said the conservative movement has tolerated “anti-gay bigotry” for too long, but emphasized those who oppose same-sex marriage aren’t necessarily homophobes.
“Opposition to gay marriage isn’t, in and of itself, bigotry,” LaSalvia said. “There are, however, a few in our movement who just don’t like gay people, and in 2013 that’s just not OK in America anymore. Gay people are in every family, every circle of friends, and every community in the country now. Everybody knows a gay person.”
The panel, hosted by the Competitive Enterprise Institute, was an unofficial event that took place in the Gaylord National Hotel as CPAC was underway. GOProud, along with the John Birch Society, was barred in 2011 from sponsoring the annual conservative conference and hasn’t been allowed back since. While the American Conservative Union, which organizes CPAC, said the groups were barred because of “disrespectful behavior,” GOProud says they were barred from participating because it’s a gay organization.
On stage at CPAC, mention of marriage equality or other LGBT outreach was scant, although a few speakers brought up the issue. Most prominent was Sen. Marco Rubio, who said during his remarks on Thursday, “Just because I believe that states should have the right to define marriage in a traditional way does not make me a bigot.”
Former Florida Gov. Jeb Bush on Thursday as the keynote speaker of a dinner honoring former President Reagan also warned against an anti-gay image for the Republican Party.
“Way too many people believe Republicans are anti-immigrant, anti-woman, anti-science, anti-gay, anti-worker, and the list goes on and on and on,” Bush said. “Many voters are simply unwilling to choose our candidate — even though they share our core beliefs — because those voters feel unloved, unwanted and unwelcome in our party.”
Off stage came another announcement: Portman announced that he’s had “a change of heart” and came to support marriage equality after his son Will, a student at Yale University, came out as gay two years ago.
“One way to look at it is that gay couples’ desire to marry doesn’t amount to a threat but rather a tribute to marriage, and a potential source of renewed strength for the institution,” Portman wrote in an op-ed for the Columbus Dispatch.
While the panel took place before Portman’s announcement, a number of prominent conservative commentators on the CEI panel, who spoke before a packed audience, advocated for a similar evolution in the Republican Party on marriage equality.
Jennifer Rubin, a conservative blogger for the Washington Post, said outreach to the LGBT community would be akin to the Republican Party’s effort to reach out to Latinos by working on immigration reform.
“I suggest that in another generation, or a half generation, this argument is going to be gone,” Rubin said. “Virtually every state in the union will have voted by popular vote; some may choose not to, and they’re going to experience whatever social and economic consequences flow from that. But in 10 years or so, no one is going to be talking about this.”
Earlier this month, polling analysis was unveiled by the LGBT advocacy Freedom to Marry showing opposition to marriage equality rests within three groups: white evangelical Christians, older people and non-college educated white people. Another notable statistic: 51 percent of Republicans under the age of 30 support marriage equality.
That last statistic was a point that Liz Mair, president of the Arlington, Va., consulting firm Mair Strategies, drew upon as she advocated for greater Republican outreach.
“The way that we’re going to talk about these issues and in some cases, the stands that we take on them, is going to prove to be a problem,” Mair said. “There’s something that needs to be addressed here, and that needs to be addressed now.”
Margaret Hoover, a conservative CNN contributor, also warned that continued opposition to marriage equality will harm the conservative movement as younger voters grow older.
“The millennial generation, the 30 and unders, are simply not hearing conservatism because they’re tuning us out based on a certain set of issues,” Hoover said. “Winning the argument and showing that we’re an inclusive movement is critical to not turning them off to a whole other rainbow of our other ideas.”
One question that sparked discussion concerned whether government should get out of the institution of marriage altogether — for both same-sex and opposite-sex couples — and simply allow individuals to form contracts with whomever they choose. That view was espoused last week by Sen. Rand Paul (R-Ky.), who won the CPAC straw poll as the attendees’ preferred presidential candidate for 2016.
Mair explained that while many conservatives would like to see the government out of marriage, many aspects of government are involved in marriage, so support for marriage equality is the best option for libertarians.
“Unless you have a radical overhaul of the tax system, a radical overhaul of the entitlement system and, frankly, probably a radical overhaul of the immigration system, also, because that is going to affect certain same-sex couples, that’s not actually going to be a practical way of ensuring equality and rights,” Mair said.
Jonah Goldberg, editor-at-large for the National Review, said he agrees the Republican Party needs to work on greater inclusiveness toward LGBT people, but noted that work needs to be done to hold onto social conservatives within the movement.
“You’re going to have to show me who you’re going to replace the 20 to 30 million social conservatives and evangelicals who may leave the party if you completely abandon some of those issues,” Goldberg said. “So the trick is to explain to people on our side why this is the right position because if you do that, you’ll have a great moral victory, but you’ll lose even more elections. It makes a lot more sense to try to persuade the people who agree with you on 80 percent of the issues to stick with you, than to say, ‘Go to hell over this one issue!'”
And remarks from other prominent Republicans over the weekend demonstrate the view that marriage is one man, one woman is still held by leaders within the party.
Most prominent is Boehner, who said in an interview on ABC “This Week” airing on Sunday that he couldn’t imagine his views on marriage changing, even if — like Portman — a child came out to him as gay.
“I believe that marriage is the union of one man and one woman,” said Boehner said. “It’s what I grew up with. It’s what I believe. It’s what my church teaches me, and I can’t imagine that position would ever change.”
According to Roll Call, former Republican presidential candidate U.S. Sen. Rick Santorum under questioning at CPAC indicated he was unmoved when asked about Portman’s newfound support for marriage equality, saying, “Just because someone changes their mind doesn’t change things.”
Santorum reportedly added Republicans are confronting “very difficult facts” in their live, but if marriage were just about “two adults who love each other,” there’s no reason not to let “three or four people” marry. His remarks reportedly generated loud applause.
And on a CPAC panel on bullying faced by conservatives, titled “Stop THIS: Threats, Harassment, Intimidation, Slander & Bullying from the Obama administration,” Brian Brown, president of National Organization for Marriage, maintained opposition to marriage equality is a conservative principle.
“When you hear someone act as if standing up and believing for the truth about marriage is not a conservative principle is not the truth, refuse to back down, refuse to be cowed, do not accept the notion that this is an issue that somehow we can’t talk about or we can’t debate,” Brown said. “Don’t accept the idea that we need silence on this issue. What we need is people standing up more than ever for marriage is the union between a man and a woman. What we’ve seen in state-after-state is that when people do this, far from being a losing issue, it’s a winning issue.”
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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