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Polis pledges to take the lead on ENDA

Gay Colo. lawmaker mulls bid for Democratic caucus vice chair

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Rep. Jared Polis has pledged to become the lead sponsor of ENDA in the next Congress (Blade file photo by Michael Key)

A Colorado congressman who’s set to become the most senior openly gay member of the U.S. House is pledging to take the lead on perhaps the most high-profile piece of pro-LGBT legislation: the Employment Non-Discrimination Act.

Rep. Jared Polis (D-Colo.) said during a Washington Blade interview on Tuesday that he intends to become the chief sponsor of ENDA following the retirement of gay Rep. Barney Frank (D-Mass.), who’s championed the bill since 2007.

“I plan on introducing the Employment Non-Discrimination Act in the next session,” Polis said. “Across our country, gays and lesbians face discrimination in the workplace and lose their jobs and their livelihood. It’s wrong and it’s got to end. People shouldn’t be fired in this country just because of who they date in their private life.”

In addition to taking the lead on ENDA, Polis said he’ll remain the chief sponsor of another pro-LGBT measure called the Student Non-Discrimination Act — legislation based on Title IX that would prohibit the bullying and discrimination of LGBT students in school.

Polis said he still wants to see President Obama issue an executive order requiring federal contractors to institute LGBT-inclusive non-discrimination policies. The White House said Obama wouldn’t issue the directive at this time in April, but it’s unclear where that stands in the wake of Election Day.

“I, of course, believe that the White House should move forward with preventing discrimination toward contractors,” Polis said. “That’s always been my position.”

Polis became the first public official to go on record in support of the executive order when he told the Blade during an interview in March 2011 that he’s behind the idea.

And Polis has other goals. He’s weighing a run for a seat in the House Democratic leadership as vice chair of the Democratic caucus — and his win would be another milestone because no member of the LGBT community has ever been elected to House leadership.

“I’m still looking at doing that,” Polis said. “I think it would be great to have more diversity in our caucus leadership. There’s never been a member of the LGBT community in caucus leadership.”

But Polis said he isn’t certain if he’ll make the bid and is waiting to see what positions other House Democrats are seeking. One lingering question is whether House Minority Leader Nancy Pelosi (D-Calif.) will continue her role as head of the caucus.

“A lot of members of the caucus are waiting to see who’s returning and who’s running for the different positions, so until that’s known, there’s no definitive candidacy, but I certainly have been talking to a lot of members about it and I’ve got a lot of encouragement from them,” Polis said.

House Democrats are set to vote on caucus leaders on Nov. 29.Ā The vice chair ranks just below the House Democratic caucus chair. In addition to other duties, the vice chair has a seat on the Steering & Policy Committee, which assigns committee membership to Democrats and advises them on policy decisions.

The current vice chair of the House Democratic caucus is Rep. Xavier Becerra (D-Calif.), but he’s expected to leave that role to pursue the position as caucus chair. Polis may have competition if he launches a bid to replace him. Other names that have been mentioned as possibilities as vice chair are Reps. Joe Crowley (D-N.Y.) and Barbara Lee (D-Calif.).

But as far as movement on pro-LGBT bills, Polis was pessimistic — either during the lame duck session or next year at the start of the 113th Congress — as long as Republicans remain in control of the House. Polis said the votes may actually be present in the Republican-controlled House to pass LGBT bills, but the problem is Republican leadership prevents the measures from coming to the floor.

“We have bipartisan support whether it’s ending workplace discrimination or my Student Non-Discrimination Act or housing non-discrimination,” Polis said. “Those would be very close votes if they were put to the House as a whole, but Republican leadership has refused to allow those bills to even advance to the floor.”

One possible way to skirt House leadership would be to move pro-LGBT bills to the floor via a discharge petition. If a majority of House members sign a discharge petition for any particular bill, it would go to the floor regardless of the desire of House leadership. Polis acknowledged that route as a possibility, but was skeptical about its chances.

“We can certainly file one,” Polis said. “Certainly in my time in Congress and long before it, there has never been a successful discharge petition … There certainly hasn’t been one in my time, or in the immediate past before my time.”

That last successful discharge petition was more than 10 years ago for theĀ Bipartisan Campaign Reform Act, which later became known as McCain-Feingold, in 2001.

But the situation in the Democratic-controlled Senate is a different story. As in the 111th Congress, which sawĀ a Senate committee vote on the Respect for Marriage ActĀ andĀ a hearing on ENDA, Polis said some progress could be made on pro-LGBT bills in that chamber — and possibly a successful floor vote on some bills.

“You’d have to ask a senator about that, but I think they could forge a majority of senators to move forward on passing the bill out of the Senate,” Polis said. “That doesn’t mean that [House Speaker John] Boehner or [House Majority Leader Eric] Cantor would take it up in the House, but at least we’d have it on record as passing the Senate.”

Despite the divided government, one initiative that may see progress in the 113th Congress is comprehensive immigration reform. House Speaker John Boehner has signaled he may be willing to work on this legislation in the wake of Republican losses and the party’s poor showing among Latino voters on Election Day.

LGBT advocates are interested in comprehensive immigration reform and are seeking a provision enabling gay Americans to sponsor their foreign partners seeking residency in the United States. Standalone legislation that would address this issue is known as the Uniting American Families Act.

But Polis, who’s also been a leading advocate for comprehensive immigration reform, said he’s unsure at this time what provisions could be made part of the bill and whether the legislation would include the pro-gay language sought by LGBT immigration advocates.

“At this point, besides a few words of encouragement from Speaker Boehner, I really don’t know what an immigration package would look like,” Polis said. “I’ve long been active on this issue and would love to see comprehensive immigration reform, but we need to see what the Republicans are willing to agree to and we haven’t even seen the starting point for that discussion even.”

CORRECTION: An initial version of this article said Joe Donnelly was in contention as House Democratic vice chair. The Blade regrets the error.

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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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