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Seeking to ‘move Maine forward’ as governor

Recently out, Michaud could make history at the ballot

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Mike Michaud, Maine, United States House of Representatives, Democratic Party, U.S. Congress, gay news, Washington Blade
Mike Michaud, Maine, United States House of Representatives, Democratic Party, U.S. Congress, gay news, Washington Blade

Rep. Mike Michaud (D-Maine) (Washington Blade photo by Michael Key)

Having only come out five months ago in several editorials in Maine newspapers, Mike Michaud is new to the club in terms of out public figures.

Nonetheless, he’s on the path to achieving a goal that has never been accomplished by any openly gay person: Winning a gubernatorial election.

During an interview with the Washington Blade in the office of one of his campaign’s consultants near Capitol Hill, Michaud tried to tamp down his sexual orientation as a factor in the race, but acknowledged the significance it places on his candidacy.

“That’s not why I ran for governor, because of my sexual orientation; it’s because I want to move Maine forward,” Michaud said. “But, quite frankly, if elected, it is historic, and I think it’ll also change the tone of the debate when you look at LGBT issues, not only in Maine, but throughout the country.”

The five-term member of Congress is seeking election in a state that legalized marriage equality at the ballot in 2012 and non-discrimination protections for LGBT people in 2005 (after earlier failed attempts).

“As governor, one of the advantages I’ll have is the opportunity to talk with some of my colleagues,” Michaud said. “As a matter of fact, the National Governors Association just met this week. To sit down with some of the governors talking about LGBT issues as it might come up in their particular states is something that I’m not hesitant to do, and it’s easier talking to peer-to-peer.”

As Michaud noted, the State House recently rejected by a 89-52 vote a measure that would carve out a portion of Maine’s civil rights law to allow individuals to discriminate, including on the basis of sexual orientation and gender identity.

It’s similar to a controversial “turn away the gay” bill pending before Arizona Gov. Jan Brewer (R) that would enable individuals and businesses to refuse service based on a sincerely held religious belief.

Michaud said he would veto any such measure that might reach his desk as governor, and furthermore said he believes Brewer “absolutely” should veto the version of the bill in her state. Recalling the recent meeting in D.C. of the National Governors Association, Michaud said “that would be something I would be able to talk with her about this week if I was governor.”

The Gay & Lesbian Victory Fund and Equality Maine have endorsed Michaud’s candidacy. The Human Rights Campaign hasn’t yet officially thrown its support behind him, but is expected to announce more endorsements for Election 2014 following an upcoming board meeting.

Elise Johansen, Equality Maine’s executive director, said a win by Michaud in the gubernatorial election would be historic for the country and the state — and maintained her organization will help him achieve the victory.

“We endorsed Congressman Michaud’s campaign for governor because we strongly believe that he is the best choice to lead Maine, for the LGBT community and everyone in our state.” Johansen said. “In addition to electing a proven leader with a long history of standing with LGBT Mainers, we have the opportunity to make history by electing our nation’s first openly-gay governor.”

No other Democrats are challenging Michaud for the nomination in the race, so he’ll carry the Democratic banner in what could be a three-way race.

On the Republican side is incumbent Gov. Paul LePage, who was first elected during the Tea Party wave in 2010 and was recently dubbed by Politico as “America’s Craziest Governor.” Also in contention is Eliot Cutler, an independent who’s a perennial candidate for Maine governor.

The race will be tight. Cook Political Report rates the contest as a toss-up, while Rothenberg Political Report considers the match toss-up/lean Democrat. Nonetheless, Michaud said the polling he sees in the race is promising.

“I feel pretty good about where we’re at; we’re leading in all the polls head-to-head,” Michaud said. “With our current governor, it’s a slam dunk, with a three-way race it complicates it a little more, but I feel really good about where we’re at.”

Making an impact by being out

Although he’s served in Congress since 2003, Michaud came out in November via a series of editorials published in the Portland Press Herald, the Bangor Daily News and the Associated Press.

“It never was an issue in my campaigns before,” Michaud said. “It appears that someone was trying to make it an issue this time around, so rather than let them make an issue, I decided to come out and move forward.”

The announcement came the same week that the Senate began considering the Employment Non-Discrimination Act, but Michaud said the timing was based on his presence in Maine as well as a pending endorsement from Maine firefighters and policemen. Because those groups tend to be more conservative, the campaign announced the news so those groups wouldn’t rescind their support afterward.

Nonetheless, Michaud said his announcement had a positive impact and recalled a story in which a restaurant owner who had a gay son wanted to speak with him.

“He actually literally had tears in his eyes because his son came out five months before that as gay,” Michaud said. “But the way he came out, he needed help, he was sick and needed help. And the fact that when I came out, it really lifted the spirits of his son.”

Saying the incident made him “feel really good” as he recalled what happened, Michaud said it was just one of several of cases of individuals who have told him it made a big difference.

Now that he’s out, Michaud said he sees no evidence of his sexual orientation being an issue among the candidates in the race — although he said a Tea Party challenger to Sen. Susan Collins (R-Maine) took to Twitter and Facebook to make it an issue.

Although he could be be the first openly gay person elected as governor, Michaud won’t be the first openly gay person to serve as governor. That distinction belongs to former New Jersey Gov. Jim McGreevey, who came out as gay in 2004 amid controversy before resigning.

Michaud is also not the only openly gay person seeking to win election as a governor in 2014. In Maryland, Del. Heather Mizeur is pursuing the Democratic nomination in a contentious primary. The Maine Democrat said he’s never met Mizeur and professed that he’s unaware of McGreevey.

Heading Michaud’s gubernatorial campaign is Matt McTighe, who also ran a successful campaign in 2012 to legalize marriage equality at the ballot in Maine in addition to heading Americans for Workplace Opportunity, a coalition of groups that pushed for passage of the Employment Non-Discrimination Act in the Senate last year.

Michaud said he supported the idea of bringing marriage equality to the ballot in Maine 2012 — despite what he said were persistent concerns among Democratic leadership at the legislature the issue would hamper Democrats at the ballot.

The Maine Democrat recalled a conversation he had with McTighe and then-Equality Maine executive director Betsy Smith before the decision was made to go forward.

“They were concerned where I might fall out on this particular issue, or they just wanted my perspective,” Michaud said. “I remember telling both of them, ‘If not now, when? Because when is the right time? Because in 2014, you’ll probably have the same excuse. Well, we have the governor’s race. We have to win it back. It’s not the right time. So, when is the right time?'”

The gamble paid off. Democrats regained control of the legislature that year, and the marriage equality initiative passed by a 53-47 percent vote, making it the first state ever to approve marriage equality purely through voter-intiatied ballot initiative.

“And I’m very glad they went with the campaign when they went with it,” Michaud said. “The way it was dealt with was it did change the hearts and minds of individuals one by one, and they made the difference.”

Michaud sees opportunity for ENDA

Before Michaud could be elected governor, he’s set to complete his 10th term in office representing Maine’s 2nd congressional district in the U.S. House. One item that remains on his agenda is continued push for passage of the Employment Non-Discrimination Act.

In 2007, Michaud was among the roughly two-dozen Democrats who voted against a version of ENDA that afforded protections only on the basis of sexual orientation after gender identity-related provisions were removed.

“It should be all-inclusive,” Michaud said. “I did vote against it because it was actually weaker than Maine’s law. I wasn’t going to vote for something that was weaker than Maine’s law. I wasn’t going to vote for something that was weaker than what Maine has already had on the books. Actually, Maine Equality encouraged a ‘no’ vote on the legislation.”

Michaud said he was among the members of the LGBT Equality Caucus who participated in a January meeting first reported by the Washington Blade with Speaker John Boehner (R-Ohio) in which ENDA was a topic.

Although gay Rep. Mark Takano (D-Calif.) told the Blade that Boehner said there’s “no way,” ENDA would come up this session, Michaud offered a slightly different version of events that didn’t throw quite as much cold water on the legislation, saying a lame duck effort on the bill remains possible.

“He actually wanted some more information on it, and we’re going to get him the information,” Michaud said. “They might have already sent it over; I’m not sure yet. He said it was highly unlikely that it would happen before the election, so hopefully there is a leeway maybe after the election. Hopefully, we can take it up in the lame duck session.”

Joining other supporters of the bill who say ENDA has sufficient support to pass the Republican-controlled House, Michaud predicted the measure would pass on the floor — if only Republican leadership would allow the legislation to come up.

“When you look at the overwhelming support, I believe that they’ll get that from the Democratic caucus,” Michaud said. “We’ll definitely have Republican support. I feel comfortable in that regard. Clearly, the more advance notice, we can have on it, the more opportunities we’ll be able to convince our colleagues to support it.”

Michaud declined to comment further on the meeting because of its private nature other than to say Boehner was “very gracious to meet with us.” It was the first time Boehner met with the LGBT Equality Caucus. Michaud said that Boehner chose to meet with the caucus even before President Obama granted an audience with the lawmakers.

Meanwhile, the Maine Democrat is adding his voice to others calling on President Obama to take administrative action against LGBT workplace discrimination by signing an executive order.

“It starts that ball moving,” Michaud said. “Until we see what might happen on the House side, since the Senate already passed it. I think it’s a good step in the right direction because if we can’t get it done in Congress, at least by executive order we’ll have 20 to 25 percent of workers covered.”

Michaud said the LGBT Equality Caucus is working on gathering signatures for another letter to President Obama to encourage him to sign the executive order.

Torey Carter, chief operating officer of the Gay & Lesbian Victory Fund, said Michaud’s candidacy is significant.

“Mike Michaud is uniquely qualified to serve as the next governor of Maine,” Carter said. “He is a visionary leader that is a strong voice for fairness, freedom and equality for all Mainers. As a member of Congress, he has been an unwavering supporter of LGBT issues, and if elected he would become the nation’s first out LGBT governor.”

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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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