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Pelosi wants ‘Don’t Ask’ vote this year

Announcement comes as activists plan Sunday protest at White House

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U.S. House Speaker Nancy Pelosi wants to hold a House vote this year on ‘Don’t Ask, Don’t Tell.’ (DC Agenda photo by Michael Key)

U.S. House Speaker Nancy Pelosi (D-Calif.) is planning to hold a vote this year on repeal of “Don’t Ask, Don’t Tell,” according to her office.

“It is the Speaker’s intention that a vote will be taken this year on [‘Don’t Ask, Don’t Tell’] in the House,” Drew Hammill, a Pelosi spokesperson, told the Washington Blade in a statement this week.

The announcement is welcome news for repeal advocates because Pelosi has yet to send legislation to the floor that lacked sufficient support for passage.

Michael Cole, a Human Rights Campaign spokesperson, praised Pelosi for planning the vote.

“As we’ve been saying for a long time now, the time to repeal the ‘Don’t Ask, Don’t Tell’ law is this year, and it’s a positive sign to hear congressional leaders affirm that,” Cole said.

Still, he noted that further work is necessary to make repeal happen.

“We need pressure on the Congress, we need pressure on the White House, we need pressure across the board, and as we get into this critical period, signs like that are promising,” he said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he learned last week in a meeting with House Majority Leader Steny Hoyer that the House was planning the vote.

“I’m delighted that [Pelosi] reaffirmed to hold the vote this year,” he said.

Sarvis said the planned vote is helpful because it “underscores to the White House the seriousness of purpose” and the importance of moving key votes in the House and Senate during upcoming weeks.

“The hour for the president as well as for the leadership to become engaged is now,” he said. “The reality is — particularly in the Senate Armed Services Committee — we are still short of some critical votes. We don’t have the votes today. We’re on the brink of getting them, and we need help from leadership on the Hill and from the president himself.”

As plans for the House vote emerged, pressure continued to build on President Obama to make a greater effort to repeal “Don’t Ask, Don’t Tell” this year. Activists were planning a White House protest Sunday to draw more attention to the issue.

Heading the event are the grassroots groups Queer Rising and GetEqual. The latter organization was responsible for civil disobedience protests in recent months, including arrests on two occasions of LGBT former service members who chained themselves to the White House gates in protest of “Don’t Ask, Don’t Tell.”

Alan Bounville, a member of Queer Rising and East Coast organizer for GetEqual, said the focus of Sunday’s protest would be to press Obama to send to Congress language repealing “Don’t Ask, Don’t Tell” as part of his budget recommendations for the defense authorization bill.

“We want the president to transmit to the Senate Armed Services Committee the language that’s put into the [Department of Defense] budget to repeal this ridiculous law immediately,” he said. “We want that to happen right now; we want him to do that this moment.”

Activists are urging Obama to send such language to Congress soon because the defense committees are expected to hold markups next month for defense authorization legislation. The Senate Armed Services Committee, which advocates have been pushing to take up the issue of “Don’t Ask, Don’t Tell” is scheduled to hold its markup on May 26.

“So [the protest is] really just part of the growing swell of grassroots pressure that’s being placed on the president to take leadership on this issue because we know this window is closing for this to happen this year,” Bounville said.

The protest is set to take place Sunday from noon to 3 p.m. at Lafayette Park. Bounville noted that the number of people who participate could be in the hundreds or more. Organizers are still working on the messaging for the protest, Bounville said, including what he called a “visual component” that “may or may not happen that would also provide a stark visual image at the actual rally.”

The list of speakers planning to take part in the protest is still being finalized, but Bounville said among those taking part would be U.S. Army Lt. Dan Choi, an Iraq war veteran who was among those who chained himself to the White House fence in protest of “Don’t Ask, Don’t Tell.”

“There’s a list of speakers that are taking the stage and just really sharing their stories, repeating this demand over and over and over,” Bounville said. “We’ll be doing a lot of chanting and just really connecting the people not just to this issue, but also to the fact we’re really fighting for full federal equality.”

Bounville was non-committal about whether civil disobedience would be a component of Sunday’s protest. He said he had “no idea” whether anyone would break the law at the event.

“I have no idea and usually those types of things would be kept under wraps anyway,” he said. “So that’s definitely something we wouldn’t know until we’re actually out there.”

But at least one lawmaker was skeptical about the impact of the Sunday protest. Gay Rep. Barney Frank (D-Mass.), when asked about the effectiveness of the White House protest, replied, “You think President Obama is going to cave because people are demonstrating in front of the White House? No.”

“If presidents were going to change because people demonstrate, then what happens when people demonstrate in the opposite direction?” he said. “Do you count the number of demonstrators? I continue to be frustrated by people trying to take the easy way out — the way that gives them an emotional release — instead of calling senators and calling representatives.”

Frank said he was willing to bet most of those participating in the protest have not lobbied their lawmakers “in a significant way.”

“By which, I mean, call them and getting other people to call them,” he said.

In response, Bounville said Frank and others shouldn’t disparage acts of civil disobedience because people are putting themselves on the line for these efforts.

“That’s disgusting,” he said. “When they say things that really condemn non-violent direct action, they’re completely out of touch, not just with this movement, but with the social movement in general.”

Bounville said he didn’t think “letter writing and phone calling and $2,500 a plate dinners” have influenced lawmakers to move toward repeal, and what’s working “is the groundswell of grassroots support.”

“So if there were any civil disobedience at this rally, if it’s well executed, I think that would be a wonderful thing for the movement,” he said.

While skeptical about the impact of Sunday’s protest, Frank said the White House isn’t being “supportive the way they should be” in moving forward with repeal this year.

Still, Frank said the recent regulatory changes limiting third-party outings and raising the rank of officers conducting and initiating reviews “made a tremendous difference.”

“I give them a lot of credit for moving as they did, but I can’t give them full credit and I’m disappointed,” he said.

Bounville is also urging national LGBT organizations to take part in the Sunday protest and said a lack of participation would mean those groups aren’t serious about the urgency of repealing “Don’t Ask, Don’t Tell.”

“If these organizations really feel a sense of urgency of these issues, they will support rallies like this that the community is planning,” he said. “It’s a rally that has competent speakers eloquently speaking on this issue, and if they’re not going to support that, then they’re really not supporting the movement, period.”

Bounville said SLDN and the National Gay & Lesbian Task Force would be among the organizations “looking at what they can do right now to help promote this event,” but the situation with HRC is different.

“HRC has been to this point unresponsive, which is interesting because the other organizations have responded,” he said Monday. “Joe Solmonese and HRC have not responded, which is not surprising. He’s forcing HRC to become irrelevant very fast.”

Cole denied that HRC hadn’t responded to the organizers’ request to participate. He said HRC started talks Monday about getting Jarrod Chlapowksi, HRC’s military consultant, involved in the event.

“He is interested in doing so and HRC is interested in having him appear,” Cole said. “Right now, Jarrod is in direct communication with the event organizers to work out the details and find out more about the event, but we look forward to his participation.”

Sarvis said SLDN is supportive of the protest, but was waiting to hear more details. He said he had a meeting scheduled April 23 with Kip Williams, a co-chair of GetEqual, but the discussion didn’t take place because Williams left town before the scheduled time.

“We’re having conversations about what it’s going to look like and who’s participating and what’s the scope of the protest,” Sarvis said. “But, yes, it’s certainly something that we’re going to be supporting … and we’ll be helping to get out information on it and other means.”

Noting Obama called for “Don’t Ask, Don’t Tell” repeal as part of his State of the Union address, Sarvis said the challenge before repeal advocates is ensuring the president is following through and engaged with Congress to eliminate the statute this year.

“Clearly, if he gets on the phone and asks for votes in the two committees, that’s going to make a difference,” Sarvis said. “He’s working the phones on financial services reform. He did that on health care. We need that same kind of engagement in repealing that statute.”

Sarvis said protests such as the one occurring Sunday are effective in influencing President Obama to move forward with repeal this year, but noted that there are different approaches to petitioning the president.

“We have clients who are sending letters to the president this week individually; we’re up on Capitol Hill face-to-face with members and their staffs,” Sarvis said. “There’s a place for others to do their thing, whether it’s at the White House or Lafayette Park.”

Recalling a similar protest before the White House that SLDN organized in June to mark the then-265 service members who were discharged during Obama’s term, Sarvis said his organization has taken part in grassroots activism before.

“Petitioning the president at the White House is not a new thing for SLDN,” Sarvis said. “That’s something that SLDN organized almost 11 months ago, so obviously I think it’s helpful.”

In addition to the White House protest, Bounville noted that activists were planning actions targeting members of Congress regarding “Don’t Ask, Don’t Tell.” He said his organization sent fliers to senators with differing positions on the issue — Senate Armed Services Committee Chairman Carl Levin (D-Mich.), ranking Republican Sen. John McCain (R-Ariz.) and Sen. Jim Webb (D-Va.) — with the message, “You’re next!”

Accordingly, five activists held a sit-in protest Monday at McCain’s district office in Phoenix, Ariz., to protest the senator’s opposition to repealing “Don’t Ask, Don’t Tell.” The fallout of the protest wasn’t immediately clear and McCain’s office didn’t respond to a request for comment.

“From a non-violent direct action standpoint, yeah, we have reached out to those targets,” Bounville said.

Still, Bounville said the No. 1 focal point for the upcoming protest is Obama because he’s failed to follow through on his promise to be a “fierce advocate” for the LGBT community.

“I’m going to continue to pressure him,” Bounville said. “I’m going to continue to exhaust myself because I’m not exhausted on this. He will continue to lose political capital at an accelerated rate, probably faster than he would have if we weren’t engaged at this end of the movement.”

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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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