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California Politics

Longtime LGBTQ+ ally Rep. Alan Lowenthal announces retirement

Out Long Beach Mayor Robert Garcia is considering a run for Lowenthal’s congressional seat sources tell the Blade

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Rep. Alan Lowenthal addressing LGBTQ+ rights on Capitol Hill in a press briefing (Photo Credit: Office of Rep. Alan Lowenthal)

WASHINGTON – Representative Alan Lowenthal (D-CA47) announced Thursday that he was not going to seek reelection in 2022 and would be stepping back from public engagement. “It is time to pass the baton. It is time to rest and surround myself with the benefits of a life well lived and earned honorably in the service of my fellow citizens,” he said in a statement.

The congressman has been a longtime ally of the LGBTQ+ community. After being elected to the U.S. House in 2012, Lowenthal put a display of the U.S. flag, the California state flag, and then the LGBTQ+ Rainbow Pride flag.

“As you enter my office, there is the United States flag on the right side,” Lowenthal told a Washington D.C. based journalist at the time. “And then, on the other side are two flags. One is my state flag of California, and the third flag is…the rainbow flag, the Pride flag.”

“I was listening to the oral arguments on the two cases before the Supreme Court — the Prop 8 and DOMA cases,” he added. “Listening to those that were against providing equality, I decided that, until there is true equality, I’m going to fly the flag. The next day, we went out and purchased a flag and have been flying it ever since.”

It was that LGBTQ+ flag that later caused an incident in March of 2017, when a visitor to the congressional office building where Lowenthal’s office is located, angrily removed it from where it was hanging from the wall beside the door to the office and repeatedly stomped on it.

According to a statement released by Lowenthal’s office, the unidentified man acted on his displeasure with the flag minutes after he entered Lowenthal’s office and “angrily exclaimed his belief that the Pride flag outside the office was inappropriate alongside the American flag.”

“The man left the Congressman’s office, removed the Congressman’s Pride Flag from its holder, threw it to the ground, and proceeded to repeatedly stomp on it,” the statement says. “Other visitors in the hallway verbally reprimanded him and after he left, replaced the flag,” it says.

“They then notified the Congressman’s staff, who caught up to the man, verified he was the one who had stomped on the flag before escorting him into the custody of Capitol Police officers,” the statement states.

That visitor later sued Lowenthal to ‘remove’ the flag.

Despite that incident, the congressman- a former community activist, Long Beach city council member and who served in the California State Assembly from 1998-2004, maintained his public and vocal support of the LGBGT+ community with whom he has longstanding ties.

“Discrimination [against the LGBTQ community] still goes on today,” Lowenthal said. “We’re going to keep the flag until discrimination ends.”

On his official House office page under LGBT, Lowenthal laid out his legislative priorities’ to advance LGBTQ+ Equality and civil rights.

“I am strongly committed to working with my colleagues to ensure equal rights; the repeal of discriminatory laws; the elimination of hate-motivated violence; and to improve the health and well-being for all people, regardless of sexual orientation or gender identity.  Fundamentally, I believe that LGBT rights are human rights,” Lowenthal says.

“I believe in the equality of individuals.  I oppose discrimination in any form, whether it is based on gender, race, religion, sexual orientation, or gender identity. The 47th Congressional District is home to a large and diverse LGBT community, and as a Vice Chair of the Congressional LGBT Equality Caucus, I have tried to be a champion for equality. I have fought to end discrimination against gay, lesbian, bisexual, and transgender individuals, and I will continue to fight to support all efforts to end discrimination in the workplace, in the military, in our schools, and in our everyday lives,” he adds.

As a Vice Chair of the House LGBT Equality Caucus, Lowenthal has co-sponsored and championed H.R.2282, the “Equality Act,” the International Human Rights Defense Act, H.R.846, the Student Non-Discrimination Act and H.R.519, the “Uniting American Families Act” (UAFA).

He is also a member of the Congressional HIV/AIDS Caucus.

“Throughout his career, Congressman Lowenthal has been an unwavering ally to the LGBTQ+ community and a champion for civil rights and social justice in Congress. He’s served Long Beach with honor and distinction and has been an invaluable partner in our fight for full, lived equality,” Sam Garrett-Pate, the Managing Director of External Affairs for Equality California told the Blade in a text Thursday.

In his statement announcing that he was leaving at the end of this term, Lowenthal noted;

During this journey, I have had the pleasure of raising two fine sons who have blessed me with four grandchildren who I adore. I now look forward to spending my time with them and watching them grow and flourish into wonderful people like their parents.

It is also a chance for me and my wife, Debbie, who has been my rock throughout this journey and who has been by my side despite her own sacrifices, to even more deeply enjoy our lives together.

But this is not the end. I will be your champion in Washington for another year, and I am determined to make the most of that time. After that, there are certainly other pages left to write in my life and other challenges I would like to take on beyond the halls of government.

As Robert Frost [ American poet laureate] wrote, there are miles to go before I sleep.”

One of the leading contenders to run for the departing Lowenthal is the City of Long Beach’s Democratic Mayor Robert Garcia, who sources told the Blade on Thursday, is seriously considering a run for that seat. A call to a political consultant close to the mayor for comment wasn’t returned. If Garcia were to be elected, he would be the first Out immigrant to represent California in the U.S. House.

In an email Garcia thanked Congressman Lowenthal;

Congressman Lowenthal has been a true leader in our community and I can’t thank him enough for his decades of service to the people of Long Beach.

Personally, I am grateful for Congressman Lowenthal’s friendship, mentorship, and commitment to Long Beach. I wish him all the best as he looks ahead and I hope you’ll join me in honoring his work by taking care of the city he has helped us build. -Thank you, Mayor Robert Garcia

U.S. House Speaker Nancy Pelosi also added her voice to those applauding and thanking Lowenthal:

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California Politics

Governor Newsom & Legislative Leaders to expedite gun reform legislation

“California will not stand by as kids across the country are gunned down- Guns are now the leading cause of death for kids in America”

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Governor Newsom and legislative leaders discuss actions to curb gun violence (Office of the Governor)

SACRAMENTO – Following a mass shooting at an elementary school in Texas that left at least 19 children and two adults dead Tuesday, Governor Gavin Newsom, Senate President pro Tempore Toni G. Atkins (D-San Diego) and Assembly Speaker Anthony Rendon (D-Lakewood) announced California will expedite commonsense gun safety laws that will protect people from gun violence. 

“California will not stand by as kids across the country are gunned down,” Governor Newsom said. “Guns are now the leading cause of death for kids in America. While the U.S. Senate stands idly by and activist federal judges strike down commonsense gun laws across our nation, California will act with the urgency this crisis demands. The Second Amendment is not a suicide pact. We will not let one more day go by without taking action to save lives.”

“We have gotten to a point where we can’t live our lives without the very real fear that every time we say goodbye to our children, spouses, and friends, it could be the last,” said Senate President pro Tempore Toni G. Atkins (D-San Diego).

“These dreadful, devastating tragedies have to stop. Every politician, judge, or Supreme Court Justice who has opted to put more guns on our streets needs to resign today and hang their heads in deep shame. We have to do everything in our power to get guns out of our classrooms and grocery stores and away from people who should never have them. That includes our work this week to move expeditiously on more than a dozen bills that make our communities safer, and I’ll be continuing to work alongside Speaker Rendon and Governor Newsom to ensure that these bills move swiftly through the legislative process so that they can start to make positive change in our communities.”

“In the face of repeated tragedies in our state and elsewhere, California remains committed to doing everything we can to stem the violence,” said Assembly Speaker Anthony Rendon. “As a society, we must do better.”

“There have been more mass shootings in the U.S. in 2022 than days in the year,” said California Attorney General Rob Bonta.

“In California, we refuse to accept the current norm. We will continue to call on our federal leaders and neighboring states to do more, because our nation’s current standard for preventing gun violence is unacceptable. Our children should not suffer this burden. Active shooter drills, metal detectors, and schools that look like prisons are not the answer — we need commonsense gun safety laws. We are sick and tired of seeing young and promising lives cut short due to gun violence. We at the California Department of Justice and leaders throughout California know that addressing gun violence is critical to public safety. As your Attorney General, I vow to do much more than send thoughts and prayers — I will use the full force of the law and my office to end gun violence.”

An initial package of bills the Governor has committed to signing include: 

  • AB 2571 (Bauer-Kahan) – Restricts advertising of firearms to minors
  • AB 1621 (Gipson) – Restricts ghost guns and the parts and kits used to build them 
  • SB 1327 (Hertzberg) – Creates private right of action to limit spread of illegal assault weapons and ghost guns
  • AB 1594 (Ting) – Allows governments and victims of gun violence to sue manufacturers and sellers of firearms

Governor Newsom and legislative leaders said they will continue working together to expedite additional bills pending before the legislature aimed at curbing gun violence and increasing safety in California communities.

“I heard the news about Uvalde, just as I was getting ready to pick up my kids from school. I can see how this can happen at any school, anywhere in the country,” said Assembly Member Miguel Santiago who represents a portion of downtown Los Angeles.

“This comes on top of shootings in Buffalo, Laguna Hills, and at Grand Central Market one block from my District Office. We need stricter gun laws and we need them right now! That’s why I’m proud to join Governor Newsom and legislative leaders in the call for gun safety laws. I am also co-authoring AB 1594 (Asm. Ting) which helps gun violence survivors pursue legal action against gun manufacturers and AB 1621 (Asm. Gipson) which will help us get ghost guns off our streets for good,” Santiago added.

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California Politics

Trans Inclusive Health Care Act passes California State Senate

This first-in-the-nation legislation will help create a more inclusive and culturally competent healthcare system for TGI people

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Sen. Scott Wiener (Far right) & members of the California Legislative LGBTQ+ Caucus (Photo credit/Wiener)

SACRAMENTO – Senator Scott Wiener’s (D-San Francisco) Senate Bill 923, the TGI Inclusive Care Act passed the Senate by a vote of 28-6. It now heads to the Assembly for policy committee hearings.

This first-in-the-nation legislation will help create a more inclusive and culturally competent healthcare system for TGI (transgender, gender non-conforming, and intersex) people in California by requiring:

●     That physician Continuing Medical Education (CME) include evidence-based cultural competent studies to help physicians provide inclusive care for TGI people

●     That the Health and Human Services Agency issue enforceable quality standards for treating TGI patients

●     That health insurance companies provide TGI cultural competency training for their employees

●      That health insurance companies, in their network directories, include a list of providers who offer gender-affirming services, so that TGI people know where to go for specialized care

●     That the relevant oversight agencies track and monitor complaints relating to TGI-inclusive care and publicly post findings in their annual reports or website

SB 923 comes at a time when LGBTQ people — and particularly transgender children — are under attack across the country by right-wing state leaders. Many of those attacks seek to criminalize gender-affirming care.

In February, Texas Governor Greg Abbott issued an executive order making it illegal for parents to allow their trans kids to receive gender-affirming care. These parents could have their children taken away and be sent to prison simply for allowing their children to be who they are and receive this necessary care.

Abbott called gender-affirming care “child abuse.”

Alabama just enacted a law imposing ten-year state prison sentences on parents and physicians who allow or provide gender-affirming care to their children.

In Florida, Governor Ron DeSantis signed the “Don’t Say Gay” law, banning discussions about gender identity and sexual orientation from public school classrooms.

“As more and more red states ban gender-affirming care and try to erase LGBTQ people, California must step up to ensure strong access to health care,” said Wiener. “That includes ensuring that trans people are treated with respect and dignity by health care providers. While many health care professionals provide excellent care to trans people, more work remains. Improved training, clear standards, and improved network directories will result in better care for TGI people.”

While LGBTQ kids are under attack in Texas, Alabama, Florida, and other states, SB 923 shows a different path forward — one in which quality gender-affirming care is provided for anyone who needs it, with providers going above and beyond to treat TGI patients with the respect and care they deserve.

Healthcare discrimination and a lack of access to culturally competent care is a major problem that many TGI people regularly face. The National Center for Transgender Equality reports that one-third of all transgender individuals who saw a healthcare professional in 2014 had at least one negative experience related to being transgender, with even higher rates for people of color and people with disabilities. These negative experiences include being refused treatment, verbally harassed, physically or sexually assaulted, or having to teach the provider about transgender people in order to receive appropriate care.[1]

This is especially problematic given that TGI people, compared with the general population, suffer from more chronic health conditions. TGI people experience higher rates of health problems related to HIV/AIDS, substance use, mental illness, and sexual and physical violence, as well as a higher prevalence and earlier onset of disabilities that can also lead to longterm health issues. Sadly, 23% of transgender individuals reported that fear of discrimination caused them to postpone or not receive necessary medical care.[2]

Moreover, while all health plans are required to cover gender-affirming care, it can be difficult for TGI patients to actually find providers who routinely offer this care. This is a major impediment to TGI people accessing the care they need.

Every person deserves to receive quality, compassionate health care from understanding, informed, and respectful providers – providers who don’t make assumptions about their gender or sexuality, and who honor their bodily autonomy. TGI people already face so many obstacles outside of the healthcare system, including higher rates of violence, workplace discrimination, ostracization from families and religious communities, and housing discrimination. Going to the doctor should not mean facing additional discrimination or unecessary hardship.

TGI people should have access to positive healthcare experiences. This includes seeing providers who are able to give them the care they need in a non-judgmental and supportive environment, and being able to search for providers who provide gender-affirming services (gender-affirming services include but are not limited to: chest reconstruction, mastectomy, facial feminization surgery, hysterectomy, voice masculinization or feminization, hormone therapy related to gender dysphoria or intersex conditions, gender-affirming gynecological care, or voice therapy related to gender dysphoria or intersex conditions). Gender-affirming care is critically important health care, and anyone who needs it should be able to find and access it.

The TGI-Inclusive Care Act will help create a healthcare system that meets the needs of TGI people, and provide a more positive patient experience.

SB 923 is sponsored by the California LGBTQ Health and Human Services Network,  Equality California, National Health Law Program Trans Community Project, TransFamily Support Services, and Western Center on Law & Poverty. It is co-authored by Assemblymembers Sabrina Cervantes (D-Corona), Evan Low (D-San Jose), Alex Lee (D-Fremont), and Cristina Garcia (D-Bell Gardens).

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California Politics

Senator Wiener’s No Tax Exemption for Insurrection Act, passes Senate

Senate Bill SB 834 strips state tax-exempt status from organizations that engage in or incite insurrection

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Screenshot/California Legislative TV

SACRAMENTO – Senator Scott Wiener (D-San Francisco)’s Senate Bill 834, the No Tax Exemption for Insurrection Act, passed the Senate by a vote of 28-0 Monday. It will now head to the Assembly for policy committee hearings. 

SB 834 is a first-in-the-nation bill that will revoke the California tax-exempt status of nonprofit organizations that participate in or incite efforts to overthrow the United States government or any state government. Nonprofit organizations have used the “Big Lie” – the fraudulent notion that the 2020 election was stolen – to fundraise for and funnel money to extremist and anti-democratic initiatives like the January 6 insurrection.

Tax-exempt status is a privilege, not a right, and organizations that engage in or incite insurrection or conspiracy to commit insurrection – both of which are illegal – should not be given this special status to help them fundraise. Moreover, non-California nonprofits should not be able to register to raise money in California if they are engaging in or inciting insurrection. 

“On January 6, 2021, the peaceful transfer of power in our democracy was threatened,” said Wiener. “And for the first time since the Civil War, people died as a result. We cannot and will not let organizations that aid and abet insurrection – that break the law by trying to overthrow the U.S. government – operate with tax-exempt status. The people of California should not be subsidizing insurrection.” 

The January 6, 2021 insurrection took place, when pro-Trump extremists – in response to the false narrative that the Democrats “stole” the 2020 election and incited by then-President Donald Trump – breached the United States Capitol. Five people were killed as a result of this insurrection, and hundreds were injured.

Vice President Pence and Speaker Pelosi were specific targets of this violent attack on the nation’s democracy. Many nonprofits that supported the insurrection and continue to perpetuate lies about the 2020 election in hopes of overturning the results still operate with tax-exempt status, both at the federal and state level. 

SB 834 clarifies the Franchise Tax Board’s authority to revoke the California tax-exempt status of a nonprofit organization if the California Attorney General determines that the nonprofit has actively engaged in, or incited: treason, misprision of treason, insurrection, seditious conspiracy, advocating overthrow of the government or the government of any State, or advocating mutiny by members of the military or naval forces of the United States (1.)

Under SB 834, if the Attorney General finds that a nonprofit organization has incited, or actively engaged in actions that are directed to or likely to imminently violate one or more of these crimes, they will notify the FTB, which then will have the ability to revoke the nonprofit’s tax-exempt status. 

For out-of-state nonprofits that engage in or incite insurrection, they will be prohibited from registering to raise money in California. 

The United States Supreme Court has ruled that the purpose of charitable organizations claiming tax-exempt status “may not be illegal or contrary to public policy.” Trying to overturn elections and violently attacking our legislators fits the bill. SB 834 will ensure that these organizations no longer claim this financial advantage. 

Tax-exempt nonprofits are not required to pay corporate income taxes and may be exempt from other taxes as well. Additionally, donations to many nonprofits are deductible from income taxes, and private foundations and donor-advised funds can only donate to tax-exempt nonprofits. Private foundations and donor-advised funds represent a major funding source for many nonprofits. 

Authoritarian and anti-democratic organizations have increasingly used the “Big Lie” to fundraise, and this narrative has driven millions of dollars in tax-exempt donations. And many new organizations have cropped up in the past year, hoping to ride the coattails of the insurrection and cash in.

These include California nonprofits and nonprofits registered in other states that fundraise in California. These organizations, which are fundamentally undermining our democracy and cheering for the destruction of free and fair elections in America, should not be allowed to operate with advantages like tax-exempt status. 

For example, the leader of the “Oath Keepers,” a national militia movement, was charged with seditious conspiracy. While the Oath Keepers does not have California tax-exempt status, it has an “educational foundation” with federal exempt status and tax-exempt branches in several states. In the words of one expert, “It can only be presumed that [funds contributed to the Oath Keepers], which [donors were] able to deduct from their federal taxes, went to transporting and lodging members of the group slated to participate in the ensuing riots.” (2.) These organizations should not be allowed, under any circumstances, to use tax write-offs to help fund illegal activities. 

There is precedent for making this distinction in California’s tax code. Under federal and California law, for instance, if a nonprofit organization supports terrorism, its tax-exempt status is suspended. The nonprofit organizations that support insurrection should receive the same treatment. 

Citations:

1. USC §§ 2381-2385, 2387

2. “Dollars against Democracy: Domestic Terrorist Financing in the Aftermath of Insurrection,” Virtual Hearing before the Subcommittee on National Security, International Development and Monetary Policy of the Committee on Financial Services, U.S. House of Representatives, Feb 25, 2021. 

Senators Josh Becker (D-Peninsula), Dave Min (D-Irvine), Josh Newman (D-Fullerton), Anthony Portantino (D-La Cañada Flintridge), Tom Umberg (D-Orange County), and Bob Hertzberg (D-Van Nuys) are co-authors of this bill. Assemblymembers Buffy Wicks (D-Oakland), Phil Ting (D-San Francisco), Cristina Garcia (D-Bell Gardens) and Marc Berman (D-Menlo Park) are also co-authors of SB 836. Assemblymember Kevin Mullin (D-San Mateo) is principal co-author.

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