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Gay candidate wins Democratic primary in Wis. congressional bid

Pocan wins nomination to run for Baldwin’s House seat

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

The gay candidate seeking to replace Tammy Baldwin in the U.S. House claimed the Democratic nomination in the congressional race Tuesday night — all but assuring him a seat in Congress at the start of next year.

The Associated Press reported at around 10:24 pm on Tuesday evening that Mark Pocan, who’s gay and a member of the Wisconsin State Assembly, won the Democratic nomination. His main opponent in the primary was Kelda Helen Roys, a fellow Assembly member.

With 35.6 percent of precincts reporting, Pocan had strong lead over Roys. Pocan had 69.6 percent of the vote, while Roys had 22.7 percent, according to Politico.

The primary coincidentally falls on the same night as Pocan’s birthday; he turns 48 years old on the same day he wins the Democratic primary. Pocan takes the Democratic nomination in the district that Rep. Tammy Baldwin (D-Wis.) is vacating to pursue her run for U.S. Senate.

Wisconsin’s 2nd congressional district, which compromises Madison and nearby areas, is heavily Democratic. The Republican challenger Chad Lee, a businessman, isn’t expected to put up a serious challenge this fall. At this point, the U.S. House seat almost assuredly belongs to Pocan.

Pocan secured endorsements from prominent national LGBT groups, including the Gay & Lesbian Victory Fund and the Human Rights Campaign. Wisconsin’s state LGBT group, Fair Wisconsin, had also endorsed Pocan.

Chuck Wolfe, CEO of the Victory Fund, praised Pocan’s work as a public official and said he’d be a “strong and authentic” voice for the LGBT community in the U.S. House.

“Mark Pocan is an outstanding public servant who will be a strong and authentic voice for LGBT Americans in Congress,” Wolfe said. “It’s fitting that as Congresswoman Tammy Baldwin fights to win a historic victory in the Senate, Mark Pocan will follow in her footsteps as one of the most powerful voices for LGBT equality in America.”

Roys, a former executive director of NARAL Pro-Choice Wisconsin, had the backing of EMILY’s List, which is also supporting Baldwin in her bid for U.S. Senate.

Pocan outraised Roys during the election cycle. According to Federal Election Commission reports, Pocan had $785,000 in net receipts, $512,000 in net expenditures and $273,000 in cash on hand. Only $5,500, or about 1 percent, of his net receipts were from self-financing. On the other hand, Roys had $454,000 in net receipts, $388,000 in net expenditures and $66,000 in cash on hand. Her contributions to her own campaign amounted to $20,000, or about four percent of the total net receipts.

Roys’ negative attack ads against Pocan received significant media attention toward the end of the campaign. Late last month, her campaign began airing an ad saying Pocan “caved in” and voted with Republican Gov. Scott Walker, a Tea Party favorite, to “throw million of dollars in tax giveaways to big corporations.” She took flak from fellow Democrats as a result and lost her endorsement from State Rep. Fred Clark. In response, Pocan said during a news conference the ad was “far fetched.”

Pocan is married to Phil Frank. The couple has been together nearly a decade, and were married almost six years ago in Toronto, although the state doesn’t recognize their marriage due to a constitutional amendment ratified by Wisconsin voters in 2006.

In a Washington Blade interview in November, Pocan said he supports pro-LGBT legislation in Congress, including 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.Ā As a state lawmaker, Pocan said 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 to have some rights and responsibilities.

Pocan is one of several openly LGBT candidates who are on the ballot for U.S. House seats this fall. They include incumbents Reps. Jared Polis (D-Colo.) and David Cicilline (D-R.I.) as well as Richard Tisei in Massachusetts, Kyrsten Sinema in Arizona, Mark Takano in California and Sean Patrick Maloney in New York.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.Ā  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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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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