Politics
Florida’s ‘Don’t Say Gay’ bill vulnerable to legal challenges
U.S. Secretary of Education Miguel Cardona noted it would contravene Title IX, which bars discrimination on the basis of sex in education
WASHINGTON – With Ron DeSantis expected to sign the “Don’t Say Gay” bill any day now, legal experts are already seeing myriad ways to challenge the measure in court from multiple angles under federal law and the U.S. Constitution — and a lawsuit may emerge shortly after the Florida governor pens his name to the measure.
Legal challenges could emerge given the measure’s impact on LGBTQ students and families as well as LGBTQ teachers under the federal civil rights law on employment and education, such as Title VII of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972. Cases could be made under the U.S. Constitution, experts say, given arguable threats to freedom of speech under the First Amendment as well as the singling out of LGBTQ families under the Equal Protection Clause in the Fourteenth Amendment.
Christopher Stoll, senior staff attorney with the National Center for Lesbian Rights, said he thinks “it’s almost certain that the bill will be challenged if it becomes law” and in terms of timing, pro-LGBTQ legal groups “are certainly prepared to do that if the bill is signed.”
“I think it raises a number of issues, but the primary ones are Equal Protection and First Amendment,” Stoll said. “This bill singles out LGBTQ families as being so shameful that they need to be excluded from the classroom in a way that other families are not, and that has an obvious discriminatory effect on children, same-sex couples, and other LGBTQ families.”
Other pro-LGBTQ groups that have brought legal challenges to anti-LGBTQ measures in the courts are holding their cards close to their vest on potential lawsuits against the “Don’t Say Gay” bill. The American Civil Liberties Union and Lambda Legal didn’t respond to a request to comment.
Key portions of the “Don’t Say Gay” bill, titled HB 1557, reveal the potential penalty for the slightest hint of talk about LGBTQ kids and families in schools, therefore the potential for challenging the measure in court as a discriminatory law. The possibilities for legal challenges could be seen as a warning to DeSantis signing the “Don’t Say Gay” bill into law would come at great expense to the state if it were to defend the law in court, not to mention the provision of the bill that allows families to sue if they feel the school their children attends engaged in instruction of LGBTQ issues in contravention of the measure.
Under the legislation, schools for children in kindergarten through grade 3 may not engage in “instruction” about sexual orientation and gender identity, or generally throughout the education system “in a manner that is not age-appropriate or developmentally appropriate for students.” Although the legislation allows for internal review and resolution if a parent brings a complaint against the school for violating the measure, the “Don’t Say Gay” bill also empowers a parent of a student who feels the law was violated to “bring an action against a school district” in court to seek damages.
Proponents of the bill downplay it as a parental rights measure aimed at preventing K-3 students from being taught sex education or teachers engaging in critical general theory writ-large in the Florida school system, but the measure contains no limiting principle restricting its impact to those concepts. In fact, Republican lawmakers at an earlier stage in the legislative process rejected an amendment proposed by a Democrat that would redefine the prohibition under the measure to “sexual activity.”
David Flugman, a lawyer at the New York-based Selendy & Gay PLLC whose practice includes LGBTQ rights, said restrictions of the measure on speech in schools make the protections under the First Amendment a possible choice for “a serious challenge” to the “Don’t Say Gay” measure.
“I do think that there are First Amendment grounds to challenge this on from the perspective of teachers,” Flugman said. “The state has a pretty strong interest in what’s taught in schools and what ages. Now, usually that goes through the Department of Education or something like that as opposed to the legislature doing it this way. But the fact that you’re basically barring an entire topic of conversations, that on its face seems like it’s content-based speech regulations, which is usually subject to strict scrutiny under First Amendment law.”
Although the question of standing might be an issue if no action has been brought against a particular teacher, Flugman said he could imaging other entities, including a teacher’s union, to represent teachers on their behalf.
But not all experts agree a First Amendment challenge is the way to go for a lawsuit against the “Don’t Say Gay” measure in court given the expected state role in managing the curriculum and standards of its schools.
Dale Carpenter, a conservative law professor at the Southern Methodist University Dedman School of Law who’s written in favor of LGBTQ rights, said the language in the bill on “instruction” is guiding curriculum, which is “ordinarily within the authority of the state” and therefore not grounds for a First Amendment challenge.
“It should not be applied to offhand discussion or conversation or acknowledgement of students’ same-sex parents or something like that,” Carpenter said. “So to the extent that is what the bill is doing, there’s not a really good basis for challenging that part of the bill under the First Amendment.”
Carpenter, however, conceded a First Amendment challenge may be possible under the bill’s provision that more generally prohibits schools from engaging in LGBTQ issues in ways that are “not age-appropriate.”
“That part of the bill might be challenged on vagueness grounds under the First Amendment because the fear would be, since nothing is spelled out about this age appropriate or development appropriate language, your expression might be chilled in the classroom, might deter people from even speaking in a way that would be protected,” Carpenter said. “So that’s a possible challenge. I don’t know that it’s very strong, but it’s a possible challenge.”
Carpenter added another possible First Amendment challenge to the bill may be possible if a particular Florida school were to interpret the language to include not just instruction, but offhand conversation. A disciplined teacher, Carpenter said, could bring a lawsuit against the measure on First Amendment grounds because the law would have been “applied in a way that was overly broad.”
Legal experts also point to the U.S. Supreme Court’s decision in 2020 in Bostock v. Clayton County, which determined anti-LGBTQ discrimination is a form of sex discrimination, thus illegal under federal civli rights law, as fertile ground to challenge the “Don’t Say Gay” measure.
Flugman said he could “definitely see” a clear-cut case based on Title VII against the “Don’t Say Gay” measure from LGBTQ teachers in Florida who feel the need to keep quiet about their sexual orientation or gender identity.
“Title VII is pretty broad in that; it’s not just hiring or firing, but it’s the terms of employment and how someone is treated at work and the benefits and all of that,” Flugman said. “And so, you know, if someone is basically being forced to hide their identity in a school in Florida as a result of this bill, I think that you absolutely could see a claim under Title VII against the school district for that.”
The Biden administration already weighed in on the legality of the bill via the Department of Education by suggesting the “Don’t Say Gay” would contravene Title IX, which bars discrimination on the basis of sex in education, thus could jeopardize the state’s federal funding for its schools.
Secretary of Education Miguel Cardona issued the warning to Florida in a statement after the Florida Legislature gave its final approval to the measure, which he called “hateful” and a distraction from issues such as recovery from the coronavirus pandemic.
“The Department of Education has made clear that all schools receiving federal funding must follow federal civil rights law, including Title IX’s protections against discrimination based on sexual orientation and gender identity,” Cardona said. “We stand with our LGBTQ+ students in Florida and across the country, and urge Florida leaders to make sure all their students are protected and supported.”
Stoll said he has “not spoken with anyone at the government” regarding potential penalties from the Biden administration for Florida under the “Don’t Say Gay” bill, but supports efforts from the standpoint of civil rights laws in the wake of the Bostock ruling.
“I certainly agree that you know, because federal anti-discrimination laws have now been interpreted by the Supreme Court to protect LGBTQ people that any discriminatory measure like this bill certainly is potentially vulnerable to consequences under Title IX or Title VII or other other federal anti-discrimination laws,” Stoll said.
But the wide-ranging possible impact of the law on LGBTQ students, families, and teachers as well as the potential impact on the Florida education system by empowering parents to sue the school their child attends if they feel it violated the “Don’t Say Gay” bill’s provisions make possibilities for legal challenges to the measure virtually endless.
Carpenter, asked by the Blade about the provision in the bill allowing parents to sue in a way that is different from managing other curriculum standards in Florida, envisioned a legal challenge to the “Don’t Say Gay” bill not unlike a challenge to the anti-abortion law Senate Bill 8 in Texas.
“I think once a parent brings some kind of action, and if the school tries to restrict the teacher’s speaking, then the teacher can launch a challenge to the heart of the bill,” Carpenter said. “The concern is these parents are going to bring some kind of action anytime “gay” is mentioned in the classroom, even though it’s not a curriculum matter. That’s the concern, and if school started enforcing it that way, then the defense could be brought to say, ‘Hey, that’s not something that’s within the curricular determinations of the state.’”
Flugman said he could see a lawsuit against the “Don’t Say Gay” measure based on a right to education similar to a case his team litigated in the Sixth Circuit, although he conceded he doesn’t know the case law is developed within the 11th Circuit, which has jurisdiction over Florida.
“The case in the Sixth Circuit came up in the context of race discrimination in certain Michigan schools in Detroit,” Flugman said. “But could you make an argument like along those lines? It’s a lot more inchoate. There’s not a firmly established right there, a creative plaintiff could frame the claim there as well and try and get some traction.”
Community Services - PSA
LGBTQ+ voter education town hall held tonight in Los Angeles
Unique Women’s Coalition, Equality California and FLUX host discussion on upcoming election.
The Unique Women’s Coalition, Equality California and FLUX, a national division of the AIDS Healthcare Foundation, will host their second annual voter education town hall today at the Connie Norman Transgender Empowerment Center in Los Angeles from 7PM to 9PM tonight.
The organizations will present and discuss ballot propositions and measures that will appear on the November ballot and that affect the LGBTQ+ community in this part of the town hall series titled ‘The Issues.’
“The trans and nonbinary community is taking its seat at the table, and we are taking the time and space to be informed and prepare the voter base,” said Queen Victoria Ortega, international president of FLUX.
The town hall will feature conversations through a Q&A followed by a reception for program participants, organizational partners and LGBTQ+ city and county officials.
There will later be a third town hall before the election and The Connie Norman Transgender Empowerment Center will also become a voting location for anyone who feels like they need a safe space to vote, regardless of what voting district they are a part of.
“Our community is really asking for a place to talk about what all of this actually means because although we live in a blue sphere, housing and other forms of discrimination are still a very real threat,” said Scottie Jeanette Madden, director of advocacy at The Connie Norman Transgender Empowerment Center.
News
What does Prop 3 mean for same-sex marriage in California?
Proposition 3 would add a constitutional amendment that states all people have a right to marry regardless of sex or race.
In practice, Prop 3 would not change who can marry, it would only change the language of the California Constitution that still only acknowledges marriage between a man and a woman.
Approving the change of language would cement the legacy of progress that has allowed same-sex and interracial couples to marry.
In the Hollingsworth v. Perry Supreme Court case from 2010, United States District Court Judge Vaughn Walker ruled that Prop 8 was unconstitutional after a two-week trial. He then issued an order prohibiting the state and local officials named in the lawsuit, from enforcing the proposition – referred to as an injunction.
Following that move, the proponents of Prop 8 challenged the decision by filing an appeal to the Ninth Circuit Court of Appeals.
The Ninth Circuit agreed with the district court, standing by the notion of its unconstitutionality, though they stated a different reason for their position on the issue. The proponents of Prop 8 then filed a petition to review the Ninth Circuit and the district court’s rulings.
In 2013, the U.S Supreme Court ruled that the proponents of Prop 8 ‘lacked standing to appeal to the district court’s ruling that Proposition 8 was unconstitutional.’
Instead of deciding whether Prop 8 was constitutional or not, the U.S Supreme Court decided only that the appeal from the district court’s ruling was ‘improper,’ and invalidated the Ninth Circuit’s ruling.
Judge Walker’s district court ruling that states Prop 8 is unconstitutional and the injunction he set, are the only rulings that remain intact from that ordeal. On June 28 2013, same-sex couples were able to resume the right to marry.
It wasn’t until 2015, that the Supreme Court ruled that same-sex marriage was legal in all 50 states.
Proposition 3 would add a constitutional amendment that states all people have a right to marry regardless of sex or race.
If rejected, there would be no change to the ability for new couples to marry or reversal in the legitimacy of current marriages, but it would put same-sex marriage in possible danger for being challanged by the Supreme Court in future cases similar to Hollingsworth v. Perry.
Proposition 3 enshrines same-sex marriage in the Constitution to match what the federal courts have said about who can marry, meaning that same-sex and interracial couples are federally protected and Prop 3 would simply back that up in California.
If approved, there would be no change in revenues or costs to state and local governments.
Prop 3 would replace the definitions of marriage set forth by the Defense of Marriage Act of 1996, which states that defines marriage as ‘between one man and one woman, or husband and wife, and spouse as only a person of the opposite sex who is a husband or wife.’
DOMA further goes on to say that ‘no state, territory or possession of the United States or Indian tribe, shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship.’
In September, The Public Policy Institute of California found in a poll of 1,605 adults, that 68% of likely voters would vote yes on Prop 3. The poll found that a strong majority of Democrats and independents support the proposition.
The poll also found that majorities across demographic groups in California support the proposition and that the support increases with higher educational attainment and income, while support decreases among those age 45 and older and remains stronger in those aged 18 to 44.
Supporters of the proposition include Sierra Pacific Synod of The Evangelical Lutheran Church in America, the Dolores Huerta Foundation and Equality California.
Politics
Harris campaign’s LGBTQ+ engagement director on winning in November
Sam Alleman shares details of his personal and professional journey
Sam Alleman, national LGBTQ+ engagement director for the Harris-Walz 2024 campaign, talked with the Washington Blade last week for an exclusive interview about his work building and strengthening coalitions within the community in hopes of winning in November.
On the Democratic side, organizing LGBTQ voters for a presidential campaign goes back at least a decade, he said, to 2012 when Jamie Citron — currently the deputy assistant to the president and principal deputy director of the White House Office of Public Engagement — helped to lead these efforts on behalf of then-President Barack Obama’s reelection bid.
On Hillary Clinton’s campaign, Alleman said, it was Dominic Lowell working in close coordination with Sean Meloy, director of LGBT engagement for the Democratic National Committee, who now serves as vice president of political programs at the LGBTQ Victory Fund and Institute.
“Something that we’re very proud of as the little crew of folks who all are friends,” Alleman said, “is really building off each other’s work to continue scaling this and building out infrastructure to organize within the community.”
He added that in 2020, Reggie Greer, who led LGBTQ engagement for the Biden-Harris campaign and is now the State Department’s senior adviser to the U.S. Special Envoy to Advance the Human Rights of LGBTQI+ Persons, “was dealt the very difficult hand of a global pandemic.”
He explained, despite the challenges, Greer and others managed to build “a wonderful program that’s very much virtual, put forward from folks that did this work and were online,” which has shaped efforts through to this day as the Harris-Walz campaign seeks to “really get people back in person” as they focus their push in, especially, the seven battleground states.
The goal, Alleman said, is “not losing the virtual component, but complementing it” to “get people back on board, back to the event, back to the rally, back to the business that is a presidential campaign in 2024.”
“That’s a question and a piece of this work that is not necessarily unique to the LGBTQ+ portfolio,” he said. “But then it’s been something that we’ve worked through, and I think getting that from 2020 and rebuilding and fleshing that out has been a top priority.”
“We have wonderful working relationships with Liam Kahn over at the DNC right now,” Alleman said, referring to the committee’s director of LGBTQ+ coalitions, “and then, of course, my counterpart in finance, James Conlon, we work hand in glove as a team to execute on all of this work,” together with “my deputy, oh my gosh, he just started, I’m so excited, Cesar Toledo — who is like an absolute force and really runs the day to day of the organizing program.”
For his part, Alleman’s career has taken him from organizing work as a college student for then-Texas State Sen. Wendy Davis to campaign work for Clinton to the center of the reproductive rights movement at Planned Parenthood to the White House and, now, the Harris-Walz 2024 race.
“I started on the campaign in April of 2024,” he said, working on behalf of what was then the Biden-Harris ticket, while before that, “I was at the DNC for two and a half years. So I started over there as the LGBTQ coalitions director in October of 2021 and helped to manage all their LGBTQ+ programming through the midterm elections.”
Alleman continued, “I was also the regional coalitions director for the Midwest. We affectionately called it the “snow belt,” but [it was] our Great Lakes and Northeast states of Wisconsin, Michigan, Pennsylvania, and New Hampshire in 2022 as well, working in that pod in tandem with all of our state programming.”
When transitioning into the new role, Alleman said “it was keenly important” for him to facilitate the continued investment in building “infrastructure for our community at the DNC” which is something the organization has shown is a priority focus.
“At the DNC, the work is very infrastructure focused,” he said, through the vehicle of coordinating with “our state parties” and “making sure that they have the resources to do this work to mobilize voters.”
Alleman added that a few dozen state Democratic parties have LGBTQ caucuses, so at the DNC he was working to “make sure that they were getting organized” in coordination “of course, with the partners, too.”
Asked to compare his experiences working in similar roles for the committee and then the presidential campaign, Alleman said “The party has a bigger responsibility, I should say, to think about the totality of the ticket” which means considering questions like “how are we getting resources to [down-ballot] races, like city council members and state reps and state senators?”
He noted “there are a lot of LGBTQ state reps and state senators with big names [who are doing] amazing work in this moment.”
By contrast, “when we’re here on the presidential [ticket] it’s a lot of the same strategies and tactics, but really homed in on our battleground states, really homed in on [the question of] ‘how are we building out capacity to talk to those voters where we know our pathway to victory is?'”
In between the Clinton campaign and the DNC was a long stint at Planned Parenthood, Alleman said, an opportunity that found him via a friend who reached out after Trump’s victory in 2016.
Packed into the Javits Center, where the Clinton team had organized what they — and most Americans — expected to be a victory party, Alleman said “everything changed from that point on” as “things that had felt so certain and so set in terms of what I was planning on doing, just sort of all changed.”
“I feel like it was that way for so many of us, both in terms of work, our personal lives, everything that happened in 2016,” he said. “And so I got a call from a friend — a good friend of mine who’s still one of my best friends, actually, I just officiated her wedding.”
The personal is political
“Everything really just sort of clicked there,” Alleman said, adding, “I worked at Planned Parenthood for five or six years, doing various jobs,” starting with the Metropolitan Washington affiliate where he worked to “plan the logistics and busses for the Women’s March” in 2017 to protest Donald Trump’s election.
Reproductive rights, he said, is “a big part of my story and why I’m in the work.”
Alleman is a Texas native. In college, he worked for the campaign of then-state senator Wendy Davis, who famously held a 13-hour-long filibuster in 2013 to block legislation that would have imposed harsher abortion restrictions.
“I’m originally from Plano,” he said. “By virtue of being from Texas, these things that feel like very big issues now have sort of always been litigated, LGBTQ+ rights, reproductive rights, in our state based off just conservative extremists,” adding, “we would call them MAGA Republicans now.”
While he was always supportive of reproductive rights, Alleman said that as a young man who was grappling with his sexuality and on his own coming out journey, he did not fully understand “the totality” of those freedoms and how they intersect with other core American values.
“A very important part of my story, and a big part of why I do this work, is my sister,” Alleman said. Just seven months after getting health insurance coverage through the Affordable Care Act, he said his sister was “diagnosed with breast cancer at a Planned Parenthood health center via a breast exam.”
While she “is now cancer free and in remission and doing very well,” Alleman said, “I don’t know what my family would have done if we had not been able to access health insurance through the Affordable Care Act.”
“It would have bankrupted my family,” he said, “and I would have dropped out of college. I wouldn’t be sitting here today, right? Like, nothing that happened would have happened, would have been possible. She very well may not be alive, you know?”
Alleman continued, “And so, the importance of healthcare and access to affordable healthcare, and then the ability for us to have bodily autonomy and then control of our own decisions and destinies, has always just been something that has been critically important for me.”
“We talk about all the accomplishments that we’ve seen from the Biden-Harris administration,” he said, like “the Affordable Care Act and what that means, but my story is an example of the impact of that, [of] what this actually means for people to have access to health care and health insurance, what this actually means for people to be able to go to their Planned Parenthood health center and feel safe in accessing reproductive health care in its totality, from abortion to breast exams.”
He described falling “in love” with the work at Planned Parenthood as well as with the movement for reproductive freedom. “I moved up to the national office about six or seven months after starting at the affiliate on their political team,” he said, “and ended as their national political manager before moving over to the DNC.”
From there, Alleman said, “I worked at the DNC for two and a half years managing the LGBTQ coalition work” during which time “we were really proud of the Biden-Harris administration, but it always felt [like] it was so clear where we would probably be in terms of who we were running against, right, where we are today in 2024.”
So the focus remained, he said, on “what was at stake, not only in the work that we needed to get done politically to, you know, get infrastructure done, get the Inflation Reduction Act done, make sure that we help the Senate and House as best we could in the midterms, so that we can continue achieving things like the Respect for Marriage Act — but as well, to put us in as best a position as possible to take on what was the looming threat to our democracy, and what is the looming threat to our democracy, that is Donald Trump.”
Alleman added, “And we see now” from “Project 2025” what “things will look like should he win — though we have, I think, a pretty good plan to keep that from happening.”
Storytelling and organizing go hand-in-hand
“I consider myself first and foremost an organizer, and there’s nothing more powerful for an individual than knowing your story and being able to tell that and stand in its truth and what that means for you and your power,” Alleman said.
He sees this as an important part of not just his work and career but also a focus of the campaign.
“So storytelling is absolutely, to me, one of the most fundamental things we do as organizers — it’s helping people find their voice and how they want to use that to benefit their communities, to turn out voters, and really just participate in our democracy,” he said.
Storytelling is also an important element of communicating about our intersectional identities, Alleman said. “We talk about these communities sometimes in such different lanes, but in reality, we’re all creatures of narrative.”
He added, “We’re all sort of experiencing life in that more qualitative, narrative way. And those stories are where people not only are able to sort of synthesize all the things that they are, but also provide the actual emotion and the human aspect of these issues in life.”
Politics
Republican NC gubernatorial candidate Mark Robinson likes transgender porn, CNN reports
State lieutenant governor is vehemently anti-LGBTQ
Far-right anti-LGBTQ North Carolina lieutenant governor and Republican gubernatorial candidate Mark Robinson enjoys transgender pornography, according to a report published by CNN on Thursday.
The controversial official has made deeply offensive and incendiary remarks about trans people, but privately on the message board of Nude Africa, an adult site, he said, “I like watching tranny on girl porn!”
Robinson denied the report, but CNN linked the anonymous account to Robinson via a slew of matching biographical details and a username and email address he has used in the past.
“This is not us. These are not our words. And this is not anything that is characteristic of me,” Robinson said. “I’m not going to get into the minutia of how somebody manufactured this, these salacious tabloid lies.”
The lieutenant governor, who is Black, also made racist comments on the forum. Responding to news of then-President Barack Obama’s dedication of the national monument to Martin Luther King, Jr., Robinson wrote, “Get that f*cking commie bastard off the National Mall!”
“I’m not in the KKK,” he added. “They don’t let blacks join. If I was in the KKK I would have called him Martin Lucifer Koon!”
Additionally, CNN reports, “Robinson also used homophobic slurs frequently, calling other users f*gs” and “in a largely positive forum discussion featuring a photo of two men kissing after one returned from a military deployment, Robinson wrote the sole negative comment.
‘That’s sum ole sick a** f*ggot bullsh*t!’ he wrote.”
Along with the Republican Party of North Carolina, Robinson’s uphill candidacy against Democratic state attorney general Josh Stein is supported by Donald Trump.
Politics
PREVIEW: Biden grants exclusive interview to the Blade, congratulates Sarah McBride
Delaware State Sen. Sarah McBride, who is favored to become the first transgender member of Congress after winning the Democratic primary this week, received a congratulatory call on Wednesday from a powerful friend and ally: President Joe Biden.
The president shared details about their conversation with the Washington Blade during an exclusive interview in the Oval Office on Thursday, which will be available to read online early next week.
“I called her and I said, ‘Sarah,’ I said, ‘Beau’s looking down from heaven, congratulating you,’” Biden said, referring to his late son, who had served as attorney general of Delaware before his death from cancer in 2015.
McBride had worked on Beau Biden’s campaign in 2006 and on his reelection campaign in 2010. Two years later, when she came out as transgender, the AG called to say, “I’m so proud of you. I love you, and you’re still a part of the Biden family.”
The president told the Blade that McBride welled with emotion — “she started to fill up” — as she responded that the “‘only reason I’m here is because of Beau. He had confidence in me.’”
When the two worked together, “[Beau] was getting the hell kicked out” of him because “he hired her,” Biden said, but “now she’s going to be the next congresswoman, the next congresswoman from Delaware.”
Later, when asked how he will remain involved in the struggle for LGBTQ rights after leaving office, the president again mentioned McBride. “Delaware used to be a pretty conservative state, and now we’re going to have — Sarah is going to be, I pray to God, a congresswoman.”
Politics
Harris puts Trump on his heels in high-stakes debate
Little mention of LGBTQ issues during 90-minute showdown
In the presidential debate hosted by ABC News in Philadelphia on Tuesday, Vice President Kamala Harris put Donald Trump on the defensive over issues from foreign policy and the ongoing criminal prosecutions against him to his record and moral character.
The 90-minute exchange featured no discussion of LGBTQ issues, apart from a baseless accusation by Trump that his opponent “wants to do transgender operations on illegal aliens that are in prison.”
The remark echoed statements Trump has made recently on the campaign trail, for example in Wisconsin on Monday where he said that children are, however implausibly, returning home from school having underwent sex change operations.
Similarly, during the debate the former president asserted without evidence that Democrats favor abortions up to and following delivery, which would amount to infanticide.
“There is no state in this country where it is legal to kill a baby after it’s born,” interjected ABC News anchor Linsey Davis, a moderator, who then allowed Harris to respond.
“Well, as I said, you’re gonna hear a bunch of lies, and that’s not actually a surprising fact,” the vice president replied before addressing the question at hand, which concerned abortion.
While Harris did not address the matter of “transgender operations on illegal aliens that are in prison,” viewers on X were quick to mock the comment.
she was in the prison doing transgender operations on illegal aliens right before she died pic.twitter.com/sjDycEO3Mq
— soul nate (@MNateShyamalan) September 11, 2024
transgender operations on illegal aliens in prison pic.twitter.com/FNhKekSm1S
— Half-Shirt Radical (@EricShethar) September 11, 2024
You’re laughing. They’re doing transgender operations on illegal aliens who are in prison and you’re laughing.
— Cartoons Hate Her! (@CartoonsHateHer) September 11, 2024
California Politics
California Senate race: Trans Democrat Lisa Middleton aims for historic win in Inland Empire
Candidate hopes to represent 19th Senate District
Democrat Lisa Middleton is the first openly transgender person elected to a non-judicial office in California and is currently running to represent the 19th Senate District in a tight Inland Empire race.
She is one of more than 21 out LGBTQ candidates running for a U.S. congressional, state Senate or state Legislative seat in 2024.
As a longtime leader of the LGBTQ community, Middleton works to protect and advance civil rights. She serves on the Equality California Institute’s board of directors and would become the first openly trans person to serve in the California State Legislature.
Middleton began her transition 30 years ago, but her reputation in politics, fraud investigation and governance started long before. Middleton, 72, is the former mayor of Palm Springs after serving as mayor pro tempore from 2020 to 2021 and then becoming the first openly trans mayor in California, succeeding Christy Holstege in December 2021.
Middleton is the child of blue-collar union workers.
In addition to supporting LGBTQ rights, she also supports projects such as renewable energy using wind and solar, stating that these are win-win solutions that help labor workers and combat climate change.
Middleton is running against GOP Latina Rosilicie Bogh, 52, a former elementary school teacher, school board member, and realtor.
Bogh has publicly opposed bills that boost gender-affirming health care services and protect trans children and their families from being criminalized for seeking treatment in California.
Bogh has also abstained from voting on gay marriage rights in the state constitution and recognizing Pride Month.
She gained attention earlier this year when she stood up to oppose a law that protects educators and school staff from forcibly outing trans children to their families.
Assembly Bill 1955 went into effect earlier this summer after getting support from Gov. Gavin Newsom and backlash from Elon Musk, leading him to withdraw X and SpaceX from California.
The race for this seat is stimulated by newly redrawn district boundaries that now include thousands more registered Democrats.
The new 19th Senate District now spans from Coachella Valley to the San Bernardino Mountains and from the San Jacinto Valley to the High Desert, including highly visited places like Big Bear City, Joshua Tree, and Palm Springs.
The redrawn district includes San Bernardino County, which has Republican strongholds, but also includes the more liberal areas of Riverside County and Palm Springs, totaling around half a million voters.
A Report of Registration released earlier this summer shows that the district is now nearly even in terms of Republican and Democratic support, with 35 percent and 36 percent respectively.
In the March primary election, Bogh won 54 percent of the vote, while Middleton secured 46 percent.
In the 2020 presidential election, Donald Trump won the district by a narrow margin.
Both candidates are trailblazers, so who will win over the majority vote in the upcoming election that is only 57 days away?
Both candidates say they’re avoiding culture war clashes to focus on bread-and-butter issues.
For Middleton, the bread-and-butter issues are protecting reproductive care, fixing roads, creating jobs, increasing neighborhood safety, demanding accountability for taxpayers, and building housing to address homelessness.
Middleton markets herself as a neighborhood advocate who provides “common-sense solutions” to the region’s challenges.
Her track record includes working as an auditor for California’s State Compensation Insurance Fund, working her way up to becoming senior vice president of internal affairs and serving as chair of California’s Fraud Assessment Commission.
Her goal in the Legislature is to eliminate wasteful spending of tax dollars.
As mayor of Palm Springs, Middleton led the city’s economic recovery from the COVID-19 pandemic by helping small businesses reopen and creating well-paying jobs.
Prior to that, Middleton was appointed to the Board of Administrators of the California Public Employees Retirement System (CalPERS), which aims to build health and retirement security for California’s state and local school employees. Currently, she serves as chair of the Finance and Administration Committee and vice chair of the Risk and Audit Committee.
Middleton married her wife Cheryl, a now-retired nurse, in 2013, shortly after moving to Palm Springs. Together they have two children who are educators.
Middleton was also included in the 2016 Pride Honors Award at Palm Springs Pride, receiving the Spirit of Stonewall Community Service Award.
Organizations like Planned Parenthood, Reproductive Freedom For All California, National Union of Healthcare Workers, California Women’s List, and others support Middleton.
A list of openly LGBTQ candidates on the California ballot can be found below:
U.S. House of Representatives:
- Congressional District 16: Evan Low
- Congressional District 23: Derek Marshall
- Congressional District 39: Mark Takano
- Congressional District 41: Will Rollins
- Congressional District 42: Robert Garcia
California Senate:
- Senate District 3: Christopher Cabaldon
- Senate District 11: Scott Wiener
- Senate District 17: John Laird
- Senate District 19: Lisa Middleton
- Senate District 25: Sasha Renee Perez
- Senate District 31: Sabrina Cervantes
California Assembly:
- Assembly District 24: Alex Lee
- Assembly District 47: Christy Holstege
- Assembly District 51: Rick Chavez Zbur
- Assembly District 54: Mark Gonzalez
- Assembly District 57: Sade Elhawary
- Assembly District 58: Clarissa Cervantes
- Assembly District 60: Corey Jackson
- Assembly District 62: José Solache
- Assembly District 72: Dom Jones
- Assembly District 78: Chris Ward
COMMENTARY
LGBTQ representation in corporate leadership crucial, experts say
Experts emphasize economic and cultural benefits of diverse leadership
In an era of social and political uncertainty, the importance of LGBTQ representation in corporate leadership has never been more critical, according to diversity experts.
Despite increasing visibility, LGBTQ+ individuals continue to face discrimination and challenges in the workplace. A recent study by GLAAD found that 70% of non-LGBTQ adults believe in the importance of inclusive hiring practices. However, representation in top corporate positions remains inadequate.
“Having LGBTQ+ individuals in C-suite positions is more than an issue of fairness — it drives real cultural change,” said Aidan Currie, Executive Director of Reaching Out MBA.
According to Gallup data, 7.6% of all U.S. adults identify as LGBTQ, with the percentage rising to 22% among Gen Z adults. This demographic shift underscores the need for diverse leadership in corporate America.
The impact of LGBTQ+ representation extends beyond social progress. McKinsey & Company’s 2020 report found that companies in the top quartile for gender diversity were 25% more likely to see higher profitability. Similar principles apply to LGBTQ+ representation.
However, challenges persist. The FBI reports a 19% increase in hate crimes targeting LGBTQ+ people, highlighting ongoing societal issues.
To address these challenges, organizations like Reaching Out MBA (ROMBA) are working to increase LGBTQ+ influence in business. ROMBA’s annual conference brings together LGBTQ+ MBA students, recruiters, and business leaders.
This year, ROMBA is introducing PRIZM, a multi-day event for experienced, mid-career LGBTQ+ business professionals. The event aims to equip participants with skills needed to advance to C-suite roles.
“It’s incumbent upon us to make sure our community is prepared to lead, and it’s incumbent upon corporate leaders to stand behind their commitment to inclusion,” said Zeke Stokes, former Chief Programs Officer at GLAAD.
As the business landscape evolves, the push for greater LGBTQ+ representation in corporate leadership continues. Experts argue that this representation is not just a matter of equity, but a crucial factor in driving innovation, profitability, and positive societal change.
For more information on ROMBA and PRIZM, visit https://reachingoutmba.org/
Written By AIDAN CURRIE and ZEKE STOKES
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Politics
Harris makes case against Trump in Democratic National Convention speech
Vice president on Thursday noted LGBTQ rights in DNC address
CHICAGO — Closing out the Democratic National Convention on Thursday night, Vice President Kamala Harris delivered a rousing acceptance speech in which she laid out the case against Donald Trump and touched on a number of high-priority policy issues.
Harris began by describing her immigrant parents and their family’s middle class life in the Bay Area, detailing how a formative experience in her girlhood — helping a friend who was being sexually abused — had shaped her decision to become a prosecutor.
From the courtroom to the San Francisco district attorney’s office to the California attorney general’s office to the Senate and vice presidency, Harris detailed her journey to become her party’s presidential nominee — explaining how she was serving the people every step of the way.
“Kamala Harris for the people,” she would tell the judge each day in the courtroom, while Trump, by contrast, has only ever looked out for himself, she said.
In keeping with the theme of many speeches during the convention this week in Chicago, Harris explained how she would chart a new, brighter way forward as commander-in-chief, working to uplift Americans regardless of their differences.
“With this election, our nation has a precious, fleeting opportunity to move past the bitterness, cynicism, and divisive battles of the past,” she said. “A chance to chart a new way forward. Not as members of any one party or faction, but as Americans.”
She repeatedly made the case against Trump, detailing how he is not only “unserious” but also dangerous — a threat to world peace, America’s democratic institutions, the rule of law, women’s rights, and more.
The vice president presented another argument that had been a throughline in remarks by other primetime speakers, the “fundamental freedoms” at stake in this election, and how she would protect them while Trump has vowed to take them away.
She ticked off “the freedom to live safe from gun violence — in our schools, communities, and places of worship” as well as “the freedom to love who you love openly and with pride” and “the freedom to breathe clean air, drink clean water, and live free from the pollution that fuels the climate crisis.”
Harris noted that the “freedom to vote” is “the freedom that unlocks all the others,” retreading some of her earlier remarks about Trump’s efforts to undermine American elections.
The vice president’s second reference to LGBTQ rights came with her proclamation that “America cannot truly be prosperous unless Americans are fully able to make their own decisions about their own lives, especially on matters of heart and home.”
Politics
Walz rebuffs Trump and Vance’s anti-LGBTQ attacks in convention speech
VP nominee pledges to keep government ‘the hell out of your bedroom’
CHICAGO — Minnesota governor and Democratic vice presidential nominee Tim Walz rebuffed Republican attacks against the LGBTQ community, reproductive freedom, and other foundational, fundamental liberties in an electrifying speech at the Democratic National Convention on Wednesday night.
“While other states were banning books from their schools, we were banishing hunger from ours,” said the former teacher and football coach, who agreed to serve as faculty advisor to his high school’s gay-straight alliance club in 1999.
“We also protected reproductive freedom, because in Minnesota, we respect our neighbors and the personal choices they make, even if we wouldn’t make those same choices for ourselves,” Walz said. “We’ve got a golden rule: Mind your own damn business. And that includes IVF and fertility treatments.”
The governor discussed his family’s struggles with infertility. He and his wife had children through IVF.
“Some folks just don’t understand what it takes to be a good neighbor,” Walz said, pointing to the Republican presidential and vice presidential nominees. “Take Donald Trump and JD Vance: Their Project 2025 will make things much, much harder for people who are just trying to live their lives.”
“They spent a lot of time pretending they know nothing about this,” he said, “but look, I coached high school football long enough to know, and trust me on this, when somebody takes the time to draw up a playbook, they’re going to use it.”
Walz added, “here’s the thing, it’s an agenda nobody asked for. It’s an agenda that serves nobody except the richest and the most extreme amongst us. And it’s an agenda that does nothing for our neighbors in need. Is it weird? Absolutely. But it’s also wrong, and it’s dangerous.”
“We’ve got 76 days,” he said. “That’s nothing. There will be time to sleep when you’re dead. We’re going to leave it on the field. That’s how we’ll keep moving forward. That’s how we’ll turn the page on Donald Trump. That’s how we’ll build a country where workers come first, where health care and housing are human rights, and the government stays the hell out of your bedroom.”
“That’s how we make America a place where no child is left hungry,” Walz said, “where no community is left behind, where nobody gets told they don’t belong. That’s how we’re going to fight. And as the next president of the United States always says, when we fight [crowd: we win!] When we fight, [crowd: We win!] When we fight [crowd: We win!]”
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