WASHINGTON – The nation’s leading LGBTQ advocacy group has announced to staff an independent review of Alphonso David, president of the Human Rights Campaign, after he was ensnared in the damning report from the New York attorney general finding Gov. Andrew Cuomo violated the law by sexually harassing 11 women employees.
A pair of emails — one from the Human Rights Campaign board, the other from David — went out Monday morning and announced the independent review would be conducted by the Chicago-based Sidney Austin LLP that will take no longer than 30 days to complete. The emails were shared with the Washington Blade and a representative for the Human Rights Campaign confirmed the emails were accurate.
David, in his email, says he “fully endorse[s]” the review, reiterating he has joined calls for Cuomo to resign and denies any wrongdoing.
“One thing this horrible situation reminds us of is that discrimination, misconduct and abuse often thrive in darkness, and it makes me more determined than ever to continue fighting injustice and speaking up for those who need our voice,” David writes.
A spokesperson from Sidney Austin LLP didn’t immediately respond in time for this posting to comment on the nature of the review, who will conduct it or the timeline to reach benchmarks within that 30-day window.
The announcement comes nearly a week after New York Attorney General Letitia James issued the explosive report, which sent shockwaves through the LGBTQ community as many called on David to resign.
David has denied any wrongdoing from the start, and the Human Rights Campaign board stood by him by announcing on the day the report was issued the organization had renewed his contract for another five years.
Internally, things are tense for David as the organization suffers from high turnover and the movement is under strain as anti-transgender bills advance through state legislatures and the Equality Act is held up in Congress. According to a report in the Huffington Post, a recording of a one-hour staff meeting between David and staff on Wednesday revealed a tense question as they asked him about his role in the Cuomo affair. One staffer asked, “When are you resigning?”
Another LGBTQ advocate included in the report is already making moves. Roberta Kaplan, who successfully argued in 2013 against the Defense of Marriage Act and has taken cases of women accusing former President Trump of sexual assault, has stepped down from her role as a board member for “Time’s Up,” according to reports in the Associated Press and New York Times.
(Kaplan was described in the report as having reviewed and read a potential op-ed seeking to discredit one of the survivors of sexual harassment to see if it was OK to make public. The op-ed went unpublished.)
The emails on Monday from the HRC board recognize the distress David’s inclusion in the report has caused the LGBTQ community. As noted in the email from the board and David, many people in the the LGBTQ community are survivors of sexual misconduct. Both emails, nonetheless, express a desire to continue forward.
“One thing we want to make clear, this investigation will in no way hinder the organization’s continued pursuit of the critical work necessary to being equity and liberation to the LGBTQ+ community,” the board writes in the email.
David in his email goes into detail about the findings in the report, maintaining he had no knowledge about any incident of sexual misconduct as described in the report and his inclusion in the report indicates no wrongdoing.
Although the report says David kept material from a personnel file on one of the accusers after he left Cuomo’s office and, after being asked by Cuomo for a copy, assisted in returning it to them in efforts to distribute it to the media and discredit the alleged victim, David says he was “legally obligated” to provide the report and “was not involved” in its public dissemination. Why he had the material in the first place is not addressed in his email. David is quoted in the report as saying that was because he was involved in counseling the employee.
Another component of report indicates David said he’d help seek out names for the op-ed that would have sought to discredit the accuser, although he allegedly said he wouldn’t sign the document. David, in his email, acknowledges he refused to sign it and says he “never agreed to circulate it.”
David, however, doesn’t in the email address a third component of the report finding he took part in discussions among Cuomo’s staffers about calling another accuser and secretly obtaining a recording in an attempt to discredit her. David told the Blade that was because his role in the conversation was in his capacity as legal counsel.
Although voices have emerged calling on David to resign, other LGBTQ leaders have come to David’s defense and others say they’re awaiting further information before rending a judgment.
Elizabeth Birch, a former executive director of the Human Rights Campaign, said in an email to the Washington Blade she stands behind David.
“I have enormous respect for Alphonso David,” Birch said. “No person who has endured sexual harassment should ever be silenced. I believe Alphonso when he states he did not participate in attempts to silence any of Governor Cuomo’s accusers.”
Meanwhile, the report is already hampering efforts to advance the legislative agenda for the LGBTQ movement and passage of the Equality Act, which was already all but dead in the U.S. Senate. Sen. Charles Grassley (R-Iowa) last week sent a letter to the Senate Judiciary Committee asking for inclusion of the AG report in the record, drawing on the ties between David and Cuomo’s sexual misconduct to build the narrative from opponents of the Equality Act asserting it would be a threat to women’s safety.
Kierra Johnson, executive director of the National LGBTQ Task Force, said in an email to the Washington Blade she is withholding judgment and her organization is “still processing the media related to the NY AG Cuomo investigation and report.”
“It is imperative, albeit at times difficult, that we remain vigilant in finding and accepting the truth and implementing interventions that facilitate our ability to rebuild trust and keep the work moving forward,” Johnson said. “These times require that we slow down, challenge ourselves to articulate and understand complexity and nuance, resist being reactive and lean into our values. We condemn sexual harassment and abuse, and we are in solidarity with the survivors’ quests for justice.”
Johnson, however added, the report makes clear Cuomo “should resign” because that would be “the right thing to do for NY and for survivors everywhere.”
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State increases minimum wage, protections for fast-food workers
“California is home to more than 500,000 fast-food workers who for decades have been fighting for higher wages and better working conditions”
LOS ANGELES – Alongside fast-food workers, labor leaders, and legislators, Governor Gavin Newsom today signed legislation increasing the minimum wage for fast-food employees to $20 per hour, beginning April 1, 2024.
The legislation, AB 1228 by Assemblymember Chris R. Holden (D-Pasadena), authorizes the Fast Food Council to set fast-food restaurant standards for minimum wage, and develop proposals for other working conditions, including health and safety standards and training.
“California is home to more than 500,000 fast-food workers who – for decades – have been fighting for higher wages and better working conditions. Today, we take one step closer to fairer wages, safer and healthier working conditions, and better training by giving hardworking fast-food workers a stronger voice and seat at the table,” the governor told those in the audience.
“Today, we witnessed the signing of one of the most impactful fast food wage laws that this country has ever seen,” said Assemblymember Holden. “We did not just raise the minimum wage to $20 an hour for fast food workers. We helped a father or mother feed their children, we helped a student put gas in their car, and helped a grandparent get their grandchild a birthday gift. Last month, when we were knee deep in negotiations, hundreds of workers slept in their cars and missed pay days to come give their testimony in committee and defend their livelihood. Sacrifice, dedication, and the power of a government who serves its people is what got us to this moment. My goal for AB 1228 was to bring relief and solutions where they were needed and together with my colleagues and Governor Newsom, that is what we have done. Thank you to the SEIU and all who supported this important effort. We, as a state, should be proud.”
WHAT YOU NEED TO KNOW: Beginning in April next year, California’s minimum wage for the state’s 500,000 fast-food workers will increase to $20 per hour – the average hourly wage for fast-food workers in 2022 was $16.21. Through the Fast Food Council, workers will have a stronger say in setting minimum wages and working conditions, including health and safety standards.
“After ten years of vibrant and courageous activism, which included raising the minimum wage for all workers in the state and bringing billions of dollars into working families’ pockets, fast food workers have now achieved something historic,” said David Huerta, President of SEIU California and SEIU USWW. “We extend our deepest gratitude to the Governor for his leadership in fighting poverty, empowering workers, and moving us toward a more just and equitable society.”
WHAT AB 1228 DOES
- Repeals and replaces provisions of the statute creating the Fast Food Council within the Department of Industrial Relations, creating a process to develop minimum fast food restaurant employment standards, related to wages, working conditions, and training – upon the withdrawal of the AB 257 referendum:
- Establishes a minimum wage of $20 per hour for fast-food workers beginning April 1, 2024 and allows the council to increase this wage annually.
- The annual wage increase is capped at the lesser of 3.5% or the annual increase in the US-CPI for Urban Wage Earners and Clerical Workers.
- Allows the Council to develop and propose other labor, health or safety standards for rule-making by the appropriate body.
- Ensures consistency for a statewide industry wage by stating only the Council may set wages for fast food workers until January 1, 2029.
- The Council and its authority sunset January 1, 2029.
“It’s time to get to work so we can bring real solutions shaped by real workers to the Fast Food Council. Today’s victory is just the beginning,” said Ingrid Vilorio, a California fast food worker and leader in the Fight for $15. “From day one of our movement, we have demanded a seat at the table so we could improve our pay and working conditions. This moment was built by every fast-food worker, both here in California and across the country, who has bravely gone on strike, exposed the issues in our industry and made bold demands of corporations that we knew could do better by their frontline workers. We now have the power to win transformational changes for every fast-food cook, cashier and barista in our state. We hope that what we win here shows workers in other industries and other states that when we fight, we win!”
Federal government prepares for looming shutdown
Transportation Secretary Pete Buttigieg, for example, warned: “There is no good time for a government shutdown”
WASHINGTON — However remote they were on Monday, odds of avoiding a government shutdown were narrowed by Thursday evening as House Republicans continued debate over their hyper-partisan appropriations bills that stand no chance of passage by the Upper Chamber.
As lawmakers in the Democratic controlled Senate forged ahead with a bipartisan stop-gap spending measure that the lower chamber’s GOP majority has vowed to reject, the federal government began bracing for operations to grind to a halt on October 1.
This would mean hundreds of thousands of workers are furloughed as more than 100 agencies from the State Department to the Advisory Council on Historic Preservation roll out contingency plans maintained by the White House Office of Management and Budget. On Thursday the Office of Personnel Management sent out memos to all agencies instructing them to ready for a shutdown on Sunday.
Before 1980, operations would continue per usual in cases where Congress failed to break an impasse over spending, as lapses in funding tended to last only a few days before lawmakers brokered a deal.
Since then, the government has shut down more than a dozen times and the duration has tended to become longer and longer.
“Across the United States, local news outlets are reporting on the harmful impacts a potential government shutdown would have on American families,” the White House wrote in a release on Thursday featuring a roundup of reporting on how the public might be affected.
“With just days left before the end of the fiscal year, extreme House Republicans are playing partisan games with peoples’ lives and marching our country toward a government shutdown that would have damaging impacts across the country,” the White House said.
The nature and extent of that damage will depend on factors including how long the impasse lasts, but the Biden-Harris administration has warned of some consequences the American public is likely to face.
Transportation Secretary Pete Buttigieg, for example, warned: “There is no good time for a government shutdown, but this is a particularly bad time for a government shutdown, especially when it comes to transportation.”
Amid the shortage of air traffic controllers and efforts to modernize aviation technology to mitigate flight delays and cancellations, a government shutdown threatens to “make air travel even worse,” as Business Insider wrote in a headline Thursday.
Democratic lawmakers including California Congresswoman Barbara Lee and Maxine Waters, meanwhile, have sounded the alarm in recent weeks over the consequences for the global fight against AIDS amid the looming expiration, on Oct. 1, of funding for PEPFAR, the President’s Emergency Plan for AIDS Relief.
Anti-trans policies promoted at second GOP presidential debate
The seven Republican hopefuls gathered on stage at the Ronald Reagan Presidential Library’s Air Force One Pavilion in Simi Valley, California
SIMI VALLEY, Calif. – During the second Republican presidential debate Wednesday night, entrepreneur Vivek Ramaswamy and former Vice President Mike Pence pledged their support for a national ban on gender-affirming healthcare for minors along with policies requiring schools to forcibly “out” trans students to their parents, while Florida Gov. Ron DeSantis defended the anti-LGBTQ policies in his state.
They were joined on stage at the Ronald Reagan Presidential Library’s Air Force One Pavilion by former South Carolina Gov. and U.N. Ambassador Nikki Haley, U.S. Sen. Tim Scott (S.C.), former New Jersey Gov. Chris Christie, and North Dakota Gov. Doug Burgum.
Former President Donald Trump, the party’s frontrunner, was again a no-show- declining to participate, instead campaigning in Michigan meeting with striking UAW autoworkers and other labor leaders.
Responding to debate moderator and Fox News host Dana Perino’s question about Christie’s promise to protect “parental rights” by passage of a federal law, Ramaswamy proclaimed that “transgenderism,” especially in kids, is “a mental health disorder.”
After Perino redirected him back to her question, Ramaswamy said when school officials are aware of cases in which a student may be socially transitioning, they must be obliged to inform parents.
“The very people who say that this increases the risk of suicide by are also the ones saying that parents don’t have the right to know about that increased risk of suicide,” he said, adding, “To affirm a kid’s confusion — that is not compassion, that is cruelty.”
The former biotech executive then promised a federal ban on healthcare interventions for trans youth, relaying an anecdote about meeting two women on the campaign trail who, he says, now regretted the gender affirming surgical procedures they had undergone.
Ramaswamy said the women are now in their 20s but did not specify how old they were when the surgeries — double mastectomies and, in one case, a hysterectomy — were performed.
Genital surgeries are almost never performed on patients younger than 18, per the clinical practice guidelines on the treatment of gender dysphoria in minors, which are supported and considered medically necessary by every mainstream scientific and medical body with relevant clinical knowledge.
“The fact that we allow that to happen in this country is barbaric,” Ramaswamy said, “so I will ban genital mutilation or chemical castration under the age of 18.”
Perino asked Pence how he would protect the LGBTQ+ community as president, noting the rise and escalation of violent attacks documented by the U.S. Department of Homeland Security and research showing LGBTQ+ people are nine times likelier to be victims of violent hate crimes.
The former vice president’s description of plans and policies on this front was brief and not terribly detailed. “I’ll stand up for the safety and the civil liberties of every American from every background,” he said before pivoting to affirm his support for rules requiring schools to effectively “out” transgender and gender nonconforming kids to their parents.
“Linn-Marr Community Schools in Iowa had a policy,” Pence said, in which “you had you had to have a permission slip from your parents to get a Tylenol, but you could get a gender transition plan without notifying your parents.”
“That’s crazy,” he said. “We’re going to stand up for the rights of parents.”
He concluded his answer with a pledge that “we’re going to pass a federal ban on transgender chemical or surgery anywhere in the country,” adding, “We’ve got to protect our kids from this radical gender ideology agenda.”
Some of DeSantis’s remarks also touched on the notion that progressive ideas about gender identity are being pushed on American youth in schools.
The governor defended education policies in his state that have been widely criticized as anti-LGBTQ+ and racist, proclaiming that “Our country’s education system is in decline because it’s focused on indoctrination, denying parents rights,” but “Florida represents the revival of American education.”
Bonta leads 20 States in opposing Indiana anti-transgender law
The law significantly harms trans youth by denying them medically necessary care that protects their physical & psychological health
OAKLAND – California Attorney General Rob Bonta today led a multistate coalition of 20 attorneys general in opposing a state law in Indiana that severely blocks the ability of transgender youth to access critical, lifesaving gender-affirming care.
The plaintiffs in K.C. v. Indiana are suing to block Indiana’s Senate Enacted Act (S.E.A.) 480, which prohibits healthcare professionals from providing gender-affirming care to transgender youth. Today, the coalition, led by Attorney General Bonta, filed an amicus brief in support of the plaintiffs, stressing the importance of gender-affirming care for the health and well-being of transgender youth.
“Every person deserves equal and comprehensive access to medical care to lead a healthier and happier life,” said Bonta. “As we continue to witness the growing number of attacks against our LGBTQ+ community in California and across the nation, today’s legal action is a testament to our ongoing commitment to ensuring the rights of transgender youth are safeguarded and fully available. At the California Department of Justice, we will continue to stand up against any action that targets and compromises the physical, mental, and emotional well-being of our most vulnerable communities.”
Many transgender teens suffer from gender dysphoria, which results from the incongruence between their gender identity and sex assigned at birth. Gender dysphoria has been found to cause severe distress and anxiety, depression, fatigue, decreased social functioning, substance misuse, and a poorer quality of life. Among transgender people, suicide attempts are nine times more common than in the overall U.S. population. Those risks are even higher among transgender youth.
Enacted in April 2023, Indiana’s S.E.A. 480 is aimed at blocking transgender minors’ access to medical treatment such as hormone therapy and puberty blockers that help treat gender dysphoria.
In their amicus brief today, the coalition supported the plaintiffs’ lawsuit seeking to block the enforcement of S.E.A. 480, arguing that the law:
- Significantly harms the health and lives of transgender people by denying them medically necessary care that protects their physical, emotional, and psychological health.
- Is discriminatory and violates the Equal Protection Clause of the U.S. Constitution by banning medical treatment for transgender youth while permitting the same treatment for cisgender youth.
The Attorney General continues to stress an ongoing commitment to protecting the rights of transgender individuals. Last month, he announced a lawsuit to immediately halt the enforcement of the Chino Valley Unified School District Board of Education’s mandatory gender identity disclosure policy, which threatens to cause transgender students with mental, emotional, psychological, and potential physical harm.
In August, Bonta led a multistate coalition in filing an amicus brief opposing state laws in Kentucky and Tennessee restricting transgender youths’ access to critical and lifesaving healthcare. In June, the Attorney General issued the “State of Pride Report” highlighting the California Department of Justice’s recent efforts to support, elevate, and defend the rights of LGBTQ+ communities throughout California and beyond.
In May, he led a multistate coalition in supporting a challenge to a Florida rule restricting access to gender-affirming care and joined another multistate coalition defending a Colorado law that prohibits gay and transgender conversion therapy on children and youth. In June, he joined a coalition in support of the Ludlow School Committee’s efforts to create a safe and supportive environment for transgender children and all students.
In filing today’s amicus brief, Attorney General Bonta was joined by the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.
A copy of the amicus brief is available here.
New laws expand access & protections for reproductive health care
“This action builds on California’s nation-leading efforts to safeguard access to reproductive health care and remain a safe haven state”
SACRAMENTO – California Governor Gavin Newsom signed nine bills Wednesday – providing stronger protections for providers delivering abortion care, expanding the health care workforce, and protecting patient reproductive health care information.
In a press release a spokesperson for Newsom noted: “This action builds on California’s nation-leading efforts to safeguard access to reproductive health care and remain a safe haven state – including protecting patients, providers, and supporters; expanding access to care and services; and sharing California’s efforts and actions with other states through the Reproductive Freedom Alliance.”
The bill package signed today included:
PROTECTING PEOPLE FROM OTHER STATES’ ABORTION BANS:
- Senate Bill 345 by Senator Nancy Skinner (D–Berkeley) improves protections for providers against the enforcement of other states’ laws that criminalize or limit reproductive and gender affirming health care services.
- Senate Bill 487 by Senator Toni Atkins (D–San Diego) provides additional safeguards for California abortion providers to participate in the Medi-Cal program, regardless of enforcement activities in another state, if the conduct is legal under California law.
- Assembly Bill 1707 by Assemblymember Blanca Pacheco (D–Downey) protects health care providers and facilities in California from state licensing actions against them based on the enforcement of hostile laws that restrict abortion and gender affirming care in another state.
“Radical politicians continue their all out assault on women’s health care with dangerous and deadly consequences. The right to an abortion is enshrined in California’s constitution. We will continue to protect women and health care workers who are seeking and providing basic care,” Governor Newsom stated.
PROTECTING REPRODUCTIVE HEALTH INFORMATION:
- Assembly Bill 254 by Assemblymember Rebecca Bauer-Kahan (D–Orinda) protects reproductive and sexual health digital data included in personal health tracking applications.
- Assembly Bill 352 by Assemblymember Rebecca Bauer-Kahan (D–Orinda) enhances privacy protections for electronic medical records related to abortion, gender affirming care, pregnancy loss, and other sensitive services, closing a major loophole in privacy protections for people traveling to California for abortion and gender affirming care.
PROTECTING PATIENTS & PROVIDERS:
- Assembly Bill 571 by Assemblymember Cottie Petrie-Norris (D–Laguna Beach) prohibits an insurer from refusing to provide malpractice insurance to a provider on the basis of them offering abortion, contraception, or gender affirming care that is lawful in California but unlawful in another state.
- Assembly Bill 1720 by Assemblymember Rebecca Bauer-Kahan (D–Orinda) clarifies that ultrasounds and similar medical imaging devices must be offered in licensed facilities or by licensed providers, protecting against unscrupulous uses.
EXPANDING REPRODUCTIVE HEALTH CARE WORKFORCE:
- Assembly Bill 1646 by Assemblymember Stephanie Nguyen (D–Elk Grove) facilitates guest rotations in medical residency programs in California for residents who can no longer receive the proper training due to their program being in a state with restrictions or bans.
- Signed earlier this month, Senate Bill 385 (Atkins, D – San Diego) allows physician assistants to provide abortion care, after receiving training and in compliance with protocols.
“While California has institutionalized nation-leading protections for women, birthing people, and providers, we cannot become complacent in our work to combat extremists’ outright assaults on women and our reproductive agency. I’m grateful to the Governor and the Legislature for continuing to take action to expand women’s health care and reproductive freedom and for protecting those seeking and providing care. The policies affirmed today are emblematic of California’s ongoing commitment to serve as a safe haven for those seeking reproductive care,” said First Partner Jennifer Siebel Newsom.
A complete list of bills signed by Newsom below:
- AB 254 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) – Confidentiality of Medical Information Act: reproductive or sexual health application information.
- AB 352 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) – Health information.
- AB 571 by Assemblymember Cottie Petrie-Norris (D–Laguna Beach) – Medical malpractice insurance.
- AB 1646 by Assemblymember Stephanie Nguyen (D–Elk Grove) – Physicians and surgeons: postgraduate training: guest rotations.
- AB 1707 by Assemblymember Blanca Pacheco (D–Downey) – Health professionals and facilities: adverse actions based on another state’s law.
- AB 1720 by Assemblymember Rebecca Bauer-Kahan (D–Orinda) – Clinics: prenatal screening.
- SB 345 by Senator Nancy Skinner (D-Berkeley) – Health care services: legally protected health care activities.
- SB 487 by Senator Toni Atkins (D-San Diego) – Abortion: provider protections.
People in need of abortion care or support accessing abortion care, regardless of what state they call home, can utilize California’s nation-leading website: Abortion.CA.Gov.
Legislative Women’s Caucus Chair Sen. Nancy Skinner said: “As abortions, contraception, and other essential health care continue to be criminalized across the country, California is not backing down. With Governor Newsom’s signing of these groundbreaking new bills authored by members of the Legislative Women’s Caucus and sponsored by the California Future of Abortion Council, we have solidified our position as the national leader for reproductive freedom. These bills further strengthen and expand California’s legal protections for patients, doctors, nurses and everyone involved in providing and dispensing reproductive and gender-affirming care.”
LGBTQ+ ally Tony Thurmond announces for his bid for governor
Prior to serving as California’s Superintendent of Public Instruction, Thurmond served in the State Assembly
SACRAMENTO, Calif. – California State Superintendent of Public Instruction and long-time LGBTQ+ community ally Tony Thurmond, announced Tuesday that he is running to be the next Governor of California.
He is running to replace incumbent Democratic Governor Gavin Newsom, who is term limited by state law to two four-year terms. Newsom assumed office on January 7, 2019 and his current term ends on January 4, 2027.
If elected, Thurmond would make history as California’s first Black Governor and the first Latino Governor since 1875.
Thurmond made the following announcement on X, formerly Twitter, Tuesday morning: “I didn’t come from money, power, or influence. I’m running for Governor to be a voice for those who need one — because California may be working for millionaires and billionaires but for the rest of California — we need real change.”
“California should be a place where everyone has a chance to succeed, no matter who you are or where you’re from, and together, we can make that a reality,” he said in his announcement video.
In addition to his commitment to improving opportunities for all Californians, stabilizing the housing market, and contributing to ending homelessness, Thurmond has shown his continued support for children in LGBTQ+ community.
With several school districts across California passing mandatory outing policies and rules targeting the safety of LGBTQ+ students, Thurmond told The Blade in an interview last week that he has and will continue to fight for the rights of LGBTQ+ children.
“My position on these actions is that they are misinformed and misguided. They are a blatant attack on LGBTQ+ kids. These are bigoted efforts to harm a group of students…This is purely a bigoted action by extremists, whose real effort is to bring harm upon LGBTQ plus students, and I will not stand for that,” he said.
Thurmond told the Blade about his involvement in creating policies that allowed for safe and gender-inclusive bathrooms in the Chino Hills school district. He also mentioned two bills that he supports:
SB 760, sponsored by Senator Josh Newman (D-Fullerton). The bill would require the all-gender restroom to meet certain requirements, including, among other things, that it has signage identifying the bathroom facility as being open to all genders and is unlocked, unobstructed, and easily accessible by any pupil.
The Superintendent also supported AB 1078, sponsored by Assemblymember Dr. Corey Jackson (D-Moreno Valley), which bans “book bans” in schools, prohibits censorship of instructional materials, and strengthens California law requiring schools to provide all students access to textbooks that teach about California’s diverse communities.
“From Temecula to Tallahassee, fringe ideologues across the country are attempting to whitewash history and ban books from schools. With this new law, we’re cementing California’s role as the true freedom state: a place where families — not political fanatics — have the freedom to decide what’s right for them,” Governor Gavin Newsom said as he signed the bill last Friday.
“We have an opportunity now to say that every person can be treated with love and respect and dignity, regardless of who they are and how they see themselves and who they love,” said Thurmond.
“Many times, young people are not in a space where they can talk about how they identify in terms of their gender identities. It is our responsibility to get them resources and to help them, not to attack them. I sponsored legislation to provide more resources and training, and teachings to be able to support students and our LGBTQ+ students. The data shows that when we do this work, we support our LGBTQ+ people, they do better at school. They have better self-esteem and better grades. They are less likely to feel suicidal.”
Thurmond has been elected statewide in the nation’s most populous state twice, in 2018 and most recently in 2022, when he earned 63.7% and 5,681,318 votes.
Prior to serving as California’s Superintendent of Public Instruction, Thurmond served in the State Assembly and before then on the Richmond City Council and the West Contra Costa School Board. Beyond his service in public office, Thurmond is a public school parent, a former social worker, and a public educator.
“I am grateful that my last 15 years of elective service have all centered around some form of education, formally or informally,” said Thurmond. “I do think education is a great equalizer. It has been for me. I want this to be available to all six million students who are interested to our school system in California.”
(Advert) Tony Thurmond for California Governor: It’s About People:
HRC ad slams ‘extremist’ GOP’s looming government shutdown
The GOP conference’s most conservative members obstructed votes & have led an open rebellion against House Speaker Kevin McCarthy
WASHINGTON – The Human Rights Campaign launched an ad campaign on Monday slamming House Republicans for advancing anti-LGBTQ and other “out of touch demands” rather than working to clear must-pass spending bills before the month’s end to avoid a government shutdown.
In the weeks since Congress returned from the summer recess, opportunities to forestall this outcome narrowed with each passing day as small groups of the GOP conference’s most conservative members obstructed votes, led an open rebellion against House Speaker Kevin McCarthy (R-Calif.), and added anti-LGBTQ and other far-right amendments to all 12 appropriations bills, effectively dooming the prospects of their passage by the Senate.
HRC’s announcement of plans to run the six-figure blitz “across major national outlets, cable networks and digital streaming services” included a 30-second ad titled “Grind to a Halt,” which accuses House Republicans of “trying to limit the health care you and your family can access, ban books and flags, and block enforcement of civil rights laws.”
In a statement, HRC President Kelley Robinson said the conservative lawmakers had “hijacked the appropriations process to attack LGBTQ+ communities rather than doing their jobs,” noting that a shutdown would “interrupt critical government services, hurt working families and endanger our national security.”
Books banned in public schools spike upwards 33% in last year
PEN America recorded 1,406 book ban cases in Florida, followed by 625 in Texas, 333 in Missouri, 281 in Utah, & 186 book bans in Penn.
NEW YORK — The number of public school book bans across the country increased by 33 percent in the 2022-23 school year compared to the 2021-22 school year, according to a new PEN America report.
“Banned in the USA: The Mounting Pressure to Censor” highlights the disproportionate number of bans occurring in Florida — where over 40 percent of all book bans took place in the 2022-23 school year — and shows how state legislation and coordinated pressure campaigns from local groups and individuals have driven mass restrictions on access to literature.
Since PEN America started tracking public school book bans in July 2021, the organization has recorded nearly 6,000 instances of banned books. This includes 3,362 book bans affecting 1,557 unique titles during the 2022-23 school year, impacting the work of 1,480 authors, illustrators, and translators.
There are multiple drivers of these trends. Over the past school year, vaguely-worded state legislation and local and national advocacy groups have converged, pressuring districts to remove more books from student access. Fear of penalties, legal liabilities, and criminal punishments are escalating book bans to new heights.
“The toll of the book banning movement is getting worse. More kids are losing access to books, more libraries are taking authors off the shelves, and opponents of free expression are pushing harder than ever to exert their power over students as a whole,” said Suzanne Nossel, Chief Executive Officer of PEN America. “Those who are bent on the suppression of stories and ideas are turning our schools into battlegrounds, compounding post-pandemic learning loss, driving teachers out of the classroom and denying the joy of reading to our kids. By depriving a rising generation of the freedom to read, these bans are eating away at the foundations of our democracy.”
This year Florida surpassed Texas as having the most books pulled from shelves. Laws and tactics that emerged in the Sunshine State are also being replicated elsewhere. The language of the so-called ‘Don’t Say Gay’ law that originated in Florida has been mimicked in Iowa, where vagueness and lack of state guidance similarly led school districts to ban books. Book Looks, a website created by a Moms for Liberty member from Florida to encourage book censorship, has been used widely to ban books, from Pennsylvania to Virginia.
The range of efforts to restrict teaching or intimidate educators also continues to expand. The escalation of book bans — combined with the proliferation of legislative efforts to restrict teaching about topics like race, gender, American history, and LGBTQ+ identities, as well as the rise in ‘educational intimidation’ mandates that require intrusive monitoring of teachers and librarians — pose a grave threat to the freedom to read and learn in schools across the country.
PEN America argues these efforts are part of an ongoing nationwide “Ed Scare” — a campaign to foment anxiety and anger with the ultimate goal of suppressing free expression in public education.
Other major findings include:
- PEN America recorded 1,406 book ban cases in Florida, followed by 625 bans in Texas, 333 bans in Missouri, 281 bans in Utah, and 186 book bans in Pennsylvania. These cases are instances where books were banned from classrooms or libraries, or both, or were banned pending investigation, as per PEN America’s definitions.
- Over 75 percent of the books banned are young adult books, middle grade books, chapter books, or picture books — in other words, books specifically written and selected for younger audiences.
- Of the 3,362 books banned this year, 1,263 were banned from classrooms and school libraries, compared to only 333 books in this category last year. This represents an increase of nearly 400 percent compared to last school year.
- Nearly half of all book bans (48 percent) during the 2022-23 school year deal with violence or physical abuse, including books that include sexual assault; 30 percent include characters of color and themes of race and racism; 30 percent represent LGBTQ+ identities; and six percent include a transgender character.
- In the 153 school districts across the country that banned a book during the 2022-23 school year, 124(81 percent) have a chapter or local affiliate nearby of one or more of the three most prominent national groups pushing for book bans — Moms for Liberty, Citizens Defending Freedom, and Parents’ Rights in Education. These districts are where 87percent (2,912) of book bans have occurred.
According to Kasey Meehan, PEN America’s Freedom to Read program director and lead author of the report, “Hyperbolic and misleading rhetoric continues to ignite fear over the types of books in schools. And yet, 75 percent of all banned books are specifically written and selected for young audiences. Florida isn’t an anomaly – it’s providing a playbook for other states to follow suit. Students have been using their voices for months in resisting coordinated efforts to suppress teaching and learning about certain stories, identities, and histories; it’s time we follow their lead.”
One positive trend highlighted in the report is the continued growth in student pushback against book bans across the country. Youth resistance to book bans in numerous school districts has included protests, speaking out at school board meetings, and the establishment of national organizations dedicated to defending access to literature in schools.
This report expands on PEN America’s work documenting the spread of educational censorship in America’s schools, showing the rapid evolution and intensification of book-banning across the country since the April 2023 Banned in the USA report, which documented 1,477 instances of book bans in the first half of the 2022-23 school year.
Author John Green, whose book, Looking for Alaska, was the third most banned in U.S. schools according to the report, said “While I’m encouraged by PEN America’s work to protect free expression and intellectual freedom, it’s disappointing to see such a steep rise in the banning and restriction of books. We should trust our teachers and librarians to do their jobs. If you have a worldview that can be undone by a book, I would submit that the problem is not with the book.”
PEN America defines a school book ban as any action taken against a book based on its content and as a result of parent or community challenges, administrative decisions, or in response to direct or threatened action by lawmakers or other governmental officials, that leads to a previously accessible book being either completely removed from availability to students, or where access to a book is restricted or diminished.
The preceding article was provided to the Los Angeles Blade by PEN America.
PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Join PEN America in defending the freedom to read by taking action to #FreeTheBooks and making your voice heard.
Newsom signs LGBTQ+ protections but vetoes trans youth bill
“These measures will help protect vulnerable youth, promote acceptance, & create more supportive environments in our schools and communities”
SACRAMENTO – California Governor Gavin Newsom signed several pieces of legislation on Saturday extending protection to the Golden State’s LGBTQ+ community with the exception of a bill he vetoed Friday that would have required courts to consider whether a parent affirms their child’s gender identity when making custody and visitation decisions.
“California is proud to have some of the most robust laws in the nation when it comes to protecting and supporting our LGBTQ+ community, and we’re committed to the ongoing work to create safer, more inclusive spaces for all Californians,” said Governor Newsom. “These measures will help protect vulnerable youth, promote acceptance, and create more supportive environments in our schools and communities. I thank Senator Eggman and the LGBTQ Caucus for their dedicated leadership and partnership in advancing our state’s values of equality, freedom and acceptance.”
Among the nine bills signed into law were:
AB 5- The Safe and Supportive Schools Act, sponsored by Assemblymember Rick Chavez Zbur (D-Los Angeles). This bill sets implementation timelines for required LGBTQ+ cultural competency training by public school teachers and staff.
AB 223- Change of gender and sex identifier, sponsored by Assemblymember Christopher Ward (D-San Diego).
Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier, as specified.
This bill would require any petition for a change of gender and sex identifier or a petition for change of gender, sex identifier, and name filed by a person under 18 years of age, and any papers associated with the proceeding, to be kept confidential by the court. The bill would require the court to limit access to these records to specified individuals, including, among others, the minor, the minor’s parents, and their attorneys.
AB 760– Public postsecondary education: affirmed name and gender identification, sponsored by Assemblymember Lori Wilson (D-Fairfield).
Commencing with the 2023–24 graduating class, existing law prohibits an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name listed on the student’s diploma.
This bill, commencing with the 2023–24 graduating class, instead would prohibit an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name be the sole name listed on the student’s diploma. The bill would authorize an institution to use a student’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the institution to identify the student in accordance with the student’s gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program.
AB 783– Business licenses: single-user restrooms, sponsored by Assemblymember Philip Ting (D-San Francisco). Requires cities, counties, and cities and counties to notify applicants for a business license or permit in writing of the requirement that single-user toilet facilities must be identified as all-gender toilet facilities.
AB 994– Law enforcement: social media, sponsored by Assemblymember Corey Jackson (D-Moreno Valley). With respect to an individual who has been arrested for any crime, this bill would require a police department or sheriff’s office, upon posting a booking photo on social media, to use the name and pronouns given by the individual arrested. The bill would authorize a police department or sheriff’s office to use other legal names or known aliases of an individual in limited specified circumstances.
This bill would also require that a police department or sheriff’s office remove any booking photo shared on social media after 14 days unless specified circumstances exist. Because the bill would impose higher duties on local law enforcement, it would impose a state-mandated local program.
SB 372 – Department of Consumer Affairs: licensee and registrant records: name and gender changes, sponsored by Senator Caroline Menjivar (D-San Fernando Valley/Burbank). The bill would prohibit a board from publishing information relating to the licensee’s or registrant’s former name or gender online. Instead, the bill would require the board to post an online statement directing the public to contact the board for more information. For specified licensees or registrants, the board would be prohibited from posting enforcement records online, but would be required to direct post an online statement stating that the individual was previously subject to an enforcement action and directing the public to contact the board, as prescribed. The bill would provide that all records related to a request to update an individual’s license or registration under these provisions are confidential and not subject to public inspection or disclosure.
SB 407 – Foster care: resource families, sponsored by Senator Scott Wiener (D-San Francisco). Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. Under existing law, the resource family permanency standards include a family evaluation, including, but not limited to, interviews of an applicant, as specified, and a risk assessment.
This bill would require a resource family to demonstrate the capacity an ability and willingness to meet the needs of a child, regardless of the child’s sexual orientation or orientation, gender identity, or gender expression, as specified.
SB 760 – School facilities: all-gender restrooms, sponsored by Senator Josh Newman (D-Fullerton). The bill would require the all-gender restroom to meet certain requirements, including, among other things, that it has signage identifying the bathroom facility as being open to all genders and is unlocked, unobstructed, and easily accessible by any pupil.
SB 857 – Advisory task force: LGBTQ+ pupil needs, sponsored by Senator John Laird (D-Santa Cruz). This bill will establish an advisory task force to identify LGBTQ+ pupil needs statewide and assist in implementing supportive initiatives.
We are thrilled that 6 of our priority bills and 2 of our endorsed bills were signed into law today! These bills protect and uplift LGBTQ+ foster youth and students in schools, as well as respect individuals’ names.— California Legislative LGBTQ Caucus (@calgbt) September 24, 2023
We are hopeful our remaining 4 bills will be signed too! pic.twitter.com/Ch6VdQmTAo
“This year the LGBTQ Caucus took up the important work of protecting our communities in the face of vile anti-LGBTQ+ rhetoric, discriminatory laws across the country, and hatred. I appreciate the Governor’s partnership in signing some of our priority and endorsed legislation today, and hope we can continue to educate about the harm LGBTQ+ people will continue to face if we fail to act,” said Senator Susan Talamantes Eggman, Chair of the California Legislative LGBTQ Caucus.
“While states across the nation are passing legislation that puts LGBTQ+ people and especially youth at risk, California is sending a clear message today — hate-filled attacks will not be tolerated and we will continue protecting and ensuring the safety of all members of the LGBTQ+ community,” said Equality California Executive Director Tony Hoang. “We are thankful to our legislative partners for championing these important bills and to Governor Newsom for continuing to be such a strong ally in improving and protecting the wellbeing of the LGBTQ+ community as we face growing attacks from far-right extremists.”
On Friday, Newsom vetoed AB 957 would have updated California law to clarify that, for the purposes of child custody and visitation decisions, a parent’s affirmation of a child’s gender identity or gender expression is an essential factor that must be considered in determining the best interest of the child by a judge.
That legislation had been sponsored by Assemblymember Lori Wilson, a Democrat who introduced the bill and has an adult son who came out as transgender when he was a teenager, criticized the governor’s decision.
“I’ve been disheartened over the last few years as I watched the rising hate and heard the vitriol toward the trans community. My intent with this bill was to give them a voice, particularly in the family court system where a non-affirming parent could have a detrimental impact on the mental health and well-being of a child,” Wilson said in a statement.
My Statement on Governor Newsom's Veto of AB 957 pic.twitter.com/bK1JhrW27z— Assemblywoman Lori D. Wilson (@AsmLoriDWilson) September 23, 2023
“We are disappointed and disheartened by Governor Newsom’s decision to veto AB 957, which would have helped to ensure that the unique needs of transgender and gender non-conforming youth are explicitly considered in child custody and visitation decisions,” said Equality California Executive Director Tony Hoang.
“At a time where LGBTQ+ youth, specifically trans youth are facing higher rates of depression and suicide, reassurance and protection from our state is in dire need. Anti-LGBTQ+ extremists targeted this modest and straightforward legislation as part of their coordinated attacks on trans youth in California, and the failure to enact this bill bolsters their dangerous efforts. We are grateful to Assemblymember Lori Wilson for her unwavering commitment to the needs of transgender and gender non-conforming young people. Despite this setback, we will continue working with the Legislature and Governor Newsom to to protect the rights and dignity of the most vulnerable members of the LGBTQ+ community.”
In his veto message, the governor explained:
“I appreciate the passion and values that led the author to introduce this bill. I share a deep commitment to advancing the rights of transgender Californians, an effort that has guided my decisions through many decades in public office.
That said, I urge caution when the Executive and Legislative branches of state government attempt to dictate – in prescriptive terms that single out one characteristic – legal standards for the Judicial branch to apply. Other-minded elected officials, in California and other states, could very well use this strategy to diminish the civil rights of vulnerable communities.”
McBride earns major labor support from flight attendants union
By Joel Lev-Tov | WILMINGTON, Del. – Delaware U.S. House Democratic candidate Sarah McBride has earned the support of the Association of Flight Attendants, the nation’s most prominent flight attendant union.
It’s the second big labor endorsement for McBride after the United Food and Commercial Workers Local 27’s endorsement. The Association of Flight Attendants praised her for spearheading efforts to bring paid family and medical leave to Delaware, which will take effect in 2026.
“Sarah’s record in the Delaware Senate shows that she understands how to work collaboratively, build power and make big things happen,” the union’s President Sara Nelson wrote in a press release shared exclusively with the Blade. “That’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy.”
McBride also announced her support for creating a list of abusive passengers and banning them from flying. Each airline has a list of passengers banned from flying, but airlines don’t share the lists with each other, though Delta Air Lines has asked them, because of “legal and operational challenges,” as a representative for the airline industry trade group Airlines of America told a House committee in September 2021.
“Right now, someone can be violent towards a flight attendant or another passenger and walk directly off of that flight and onto one with a different airline to endanger more people,” an Association of Flight Attendants spokesperson wrote in a statement.
The Protection from Abusive Passengers Act would put the Transportation Security Administration in charge of building the database of passengers fined or convicted of abuse and has bipartisan support but has sat idly in committee since March. It failed to pass last year, and civil rights groups including the American Civil Liberties Union have charged that the list would disproportionately target people of color and strip and a better step to reducing hostility would be making flights more comfortable. Reports of defiant and unruly passengers have more than doubled between 2019, before the COVID-19 pandemic, and 2022.
“I thank the Association of Flight Attendants for endorsing our campaign,” McBride wrote in the press release. “It’s important that we recognize and celebrate the symbiotic relationship between strong, unionized workforces and the continued growth of employers here in our state.”
The union representing 50,000 flight attendants across 19 airlines is putting pressure on airlines to grant union demands in contract negotiations. At American Airlines, unionized flight attendants voted to authorize a strike – putting pressure on the airline to accede to its demands. Flight attendants at Alaska Airlines say they are ready to strike but have not voted to authorize one yet. United Airlines flight attendants picketed at 19 airports around the country in August, ratcheting up the pressure.
The union’s endorsement adds to a growing list of McBride endorsements, including 21 Delaware legislators, the United Food and Commercial Workers, the Human Rights Campaign, EMILY’s List, and Delaware Stonewall PAC. McBride, who would be the first openly transgender politician in Congress, has powerful connections in Washington – including with the White House – and is favored to win Delaware’s lone House seat.
A poll commissioned by the Human Rights Campaign shows her leading the pack of three candidates vying for the seat – 44% of “likely Democratic voters” told pollster company Change Research, which works with liberal organizations. The poll of 531 likely Delaware Democratic primary voters, though, was conducted only online – meaning those with less familiarity or access to the internet may not have been counted – and Change Research’s methodology for screening likely voters is unclear. The company also did not provide a breakdown of respondents by age, gender, and race, but says it uses an algorithm to make the results representative.
Association of Flight Attendants’ president Nelson said McBride’s time in Delaware’s State Senate shows her prowess in building power and working collaboratively.
“That’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy,” she wrote.
Joel Lev-Tov is a student journalist and photographer in the Washington, D.C. metropolitan area majoring in journalism and minoring in Jewish Studies at the University of Maryland, College Park.
They were a journalism Fellow at the Washington Blade this past summer & have skills in both photography & A/V systems.
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