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Gay Wis. lawmaker hopes to win Baldwin’s seat

Pocan pledges active role in LGBT rights fight

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U.S. House candidate Mark Pocan (Blade photo by Michael Key)

It’ll be a tough act for Mark Pocan to follow.

The gay lawmaker in the Wisconsin State Assembly is seeking the seat being vacated at the end of this year by lesbian Rep. Tammy Baldwin (D-Wis.), who’s leaving the U.S. House to pursue a run for the U.S. Senate.

In an interview with the Washington Blade, Pocan, 47, said he wants to represent Wisconsin’s second congressional district to build on the work he’s done during his seven terms in the Wisconsin Assembly and to bring a progressive voice to Congress.

“I’ve always said there’s only one other job I would want,” Pocan said. “Our county executive recently left, and she said, ‘Do you want to run for that?’ She spent six months talking about manure digesters, and that wasn’t something I really thought was that exciting, but legislative work is something I really enjoy. It’s something that I think can have some of the same results at the state level at the federal level.”

The political careers of Baldwin and Pocan have been intertwined. Both served in the early 1990s as members of the Dane County Board of Supervisors. When Baldwin left the State Assembly in 1998 to pursue a run for Congress, Pocan ran to fill her seat.

Among his priorities, Pocan said, is “fighting the proper fight” for progressives on issues related to jobs and the economy. Having run a specialty printing firm for 23 years, Pocan said companies need access to capital to grow and jump start the economy.

“It’s funny to hear Republicans talk about job creators, and they get all excited when the say the words, ‘job creators,’ but their answer to everything is a new tax break for the wealthy,” Pocan said. “I think, when I look at, I know that what small businesses who are my customers need is access to capital, so they grow their business. So, I think I can very credibly provide a small business perspective, but matched with progressive values.”

If elected, Pocan would join other openly gay Democrats in the U.S. House and possibly keep that number at four after Baldwin leaves. Gay Reps. Barney Frank (D-Mass.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) are incumbents seeking re-election.

Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, said Pocan has what it takes to join the ranks of the other openly gay lawmakers in Congress fighting for LGBT rights. The organization has already endorsed him.

“Mark is a vocal and respected fighter for progressive values, and that’s what people can expect from him as a member of Congress,” Dison said. “In the same tradition as Congresswoman Baldwin, Mark won’t be shy about speaking out for what he believes in, and he’ll be an effective champion for LGBT equality.”

Pocan is married to Phil Frank, 34, who works asĀ operations manager at the print shop that they both own. The couple has been together nine years, and were married five years ago in Toronto, although the state doesn’t recognize their marriage due to a constitutional amendment ratified by Wisconsin voters in 2006.

Pocan said he “absolutely” wants to follow Baldwin’s lead when it comes to fighting for LGBT rights. It’ll be a tall order: Baldwin was the first non-incumbent openly gay person elected to Congress and is a lead coordinator for pro-LGBT initiatives in Congress.

Drawing on his work in the Wisconsin Assembly, Pocan asserted he has the ability to take the lead on LGBT issues in Congress.Ā As a state lawmaker, he played a key role in pushing through domestic partner benefits for state employees and, as part of the state budget, a domestic partner registry enabling same-sex couples in the state to have 43 of the rights and protections of marriage. Both measures went though the Joint Committee on Finance, where Pocan serves as a member.

“Those are two pretty significant measures for our state that are we rather behind on, that we were able to get done through my committee and through my leadership in the last session once the Democrats took control,” Pocan said.

Asked which pro-LGBT measures he’d like to pursue at the federal level, Pocan said he “wants to work with the community” to determine which measures are the highest priority.

“It’s working with the community groups in deciding what we need to move at the right time,” Pocan said. “Because clearly, in some congresses, you’re not going to able to move bills, you’re going to be fighting any bad legislation that could happen.”

Pocan said he supports repeal of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, as well as passage of the Employment Non-Discrimination Act and the Uniting American Families Act.

Recalling the recent backlash against the conservative, anti-labor policies of Gov. Scott Walker (R) — who’s facing potential recall — and the fight against the same-sex marriage ban in 2006, Pocan said the LGBT movement is an intrinsic part of the progressive movement as a whole. Earlier this year, Democrats led recall efforts against six Republican state senators and unseated two.

“When we had the fight for collective bargaining, our main political organization, Fair Wisconsin, and many people came with rainbow flags to show support from collective bargaining. I think it’s the collective fight that we have against people who want to take away rights — it’s just growing and becoming more sophisticated and more powerful.”

Pocan urged President Obama to take further action on LGBT rights. An endorsement of marriage equality, Pocan said, is among the steps he wants to see from Obama — as well as other members of Congress — and said an “education process” is necessary to enable Obama to “evolve” as he said he could do.

“When you talk to the president and other members of Congress, let them see what a same-sex couple looks like who are happy married after five years and defying most of the odds of heterosexual couples at that point,” Pocan said. “It’s a matter of getting public officials sometimes to lead like they’re supposed to and making them as a comfortable as possible so they can do the right thing.”

Additionally, Pocan said he “absolutely” wants to see Obama take action to address workplace discrimination against LGBT people. The candidate said he backs the idea of Obama issuing an executive order prohibiting federal dollars from going to contractors and suppliers that don’t have non-discrimnation policies based on sexual orientation and gender identity.

“We’ve looked at this in our state, too, where sometimes you just work the system the best you can,” Pocan said. “You can’t say you’re going to wait necessarily for the political winds that brought in the Tea Party and others to suddenly acquiesce to civil rights. So we need to have the president take a leadership role. I think he’s done a lot of positive things for the community, but there’s a lot more he can do, and I think we need to make it so that there’s a strong environment so that he can get those things accomplished.”

Such an executive order has been seen as an interim solution until Congress can pass ENDA, although the Obama administration hasn’t said whether it will issue the directive.

Wisconsin’s 2nd congressional district — which includes Madison, sometimes referred to as the most gay-friendly district in the country — is a Democratic stronghold, so most observers expect Pocan to have no trouble winning the seat in the general election.

But Pocan won’t have smooth sailing in getting to Congress. In the Democratic primary likely to take place Aug. 14, Pocan is facing at least two Democratic opponents: State Rep. Kelda Helen Roys, who’s been serving in the legislature since 2008, and David Worzala, who was elected three times to the Dane County Board of Supervisors and serves as Dane County Treasurer.

“For us, the primary is the general, so there’s that kind of emphasis on the primary,” Pocan said. “We have to convince the voters that I’ve been a proven fighter for progressive values, got 18 years to look at my record. You know where I’m at, I’m not suddenly going to change, sell out to the Tea Party or something like that. I can best use the skills I’ve built, the accomplishments I’ve had in the legislature and bring that to a federal level.”

Baldwin hasn’t made an endorsement in the House race.Ā Phillip Walzak, a Baldwin campaign spokesperson, said Baldwin thinks either Pocan or Roys would be good candidates to succeed her in representing the second district.

“Tammy has worked closely with Mark over the years, and Tammy thinks both Mark Pocan and Kelda Helen Roys are great candidates for her House seat,” Walzak said.

In terms of fundraising, Pocan is ahead of his Democratic opponents. According to the most recent Federal Election Commission reports, Pocan has raised $123,000 this election cycle and has about the same amount in cash on hand. Comparatively, Roys has raised $70,000 and has $67,000 in cash on hand, while Worzala has raised $55,o00 and has $52,000 in cash on hand.

But Pocan said he has something else to offer the Democratic Party if he’s chosen as the standard-bearer heading into the general election: a track record of helping other Democrats win election. During his time in the Assembly, Pocan said he’s worked on the campaign committee to help elect Democrats to the state legislature.

“Two cycles ago, when we took the majority for the first time in 14 years, I was in charge of that operation,” Pocan said. “I think that that’s something hopefully I can also bring to Congress. Having a very safe district like the 2nd district means whoever wins the primary will very likely be the next member of Congress. I think there’s an obligation to seat like that to help elect other Democrats.”

The election of more Democrats, Pocan said, would be key to advancing LGBT rights and other issues important to the progressive movement.

“Hopefully I can do that sort of thing and help in Congress because unless I help elect more Democrats, it’s not likely that I’ll pass the very things, the values I have and my district has,” Pocan said.

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

ā€œSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,ā€ they said in a statement. ā€œThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā€

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā€

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

ā€œI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā€ said Janson Wu, director of advocacy and government affairs at the Trevor Project. ā€œI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.ā€

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

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U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

ā€œLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. ā€œThey matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā€

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

ā€œAll students benefit from a school climate that promotes acceptance and respect,ā€ said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  ā€œEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā€

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

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U.S. Supreme Court

LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP

Kennedy v. Braidwood oral arguments heard Monday

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HHS Secretary Robert F. Kennedy, Jr. (Washington Blade photo by Michael Key)

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.

Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.ā€

The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Law’s Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.

The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.

While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.

Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the ā€œEnding the HIV Epidemicā€ begun under Trump’s first term will be continued.

ā€œToday’s Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”

She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.ā€

Lambda Legal HIV Project Director Jose Abrigo said, ā€œThe Braidwood case is about whether science or politics will guide our nation’s public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”

“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”

He continued, “What’s at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one group’s rights is an attack on all.ā€

PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”

He continued, “Implementing cost-sharing  would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”

“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.ā€

ā€œToday’s oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities — it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”

She continued, “Since the Affordable Care Act’s preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”

“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”

“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.ā€

ā€œWe are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”

“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffs’ arguments today were cloaked in esoteric legal language, at it’s heart, this case revolves around the Christian Right’s objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”

“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.

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