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House Republicans defend book bans in subcommittee hearing

Democratic ranking member raised objections

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U.S. Reps. Suzanne Bonamici (D-Ore.) and Aaron Bean (R-Fla.), ranking member and chair of the U.S. House Committee on Education & the Workforce's Early Childhood, Elementary, and Secondary Education Subcommittee (Washington Blade photo by Christopher Kane)

During a hearing of the U.S. House Early Childhood, Elementary and Secondary Education Subcommittee on Thursday, Chair Aaron Bean (R-Fla.) defended book bans that have disproportionately targeted works with LGBTQ characters and content.

The congressman raised objections to the Biden-Harris administration’s appointment last month of openly gay nonprofit leader and former Obama administration official Matt Nosanchuk to review the practice of pulling books from school libraries.

Responding to the remarks from Bean, who said the “book ban czar” would “potentially penalize” local school boards “for simply reviewing books,” a U.S. Department of Education spokesperson said in a statement to the Washington Blade:

ā€œAcross the country, communities are seeing a rise in efforts to ban books ā€“ efforts that are oftenĀ designed to empty libraries and classrooms of literature about LGBTQI+ people, people of color, people of faith, key historical events and more.

“These efforts are a threat to studentā€™s rights andĀ freedoms. To address this issue, the Office for Civil Rights (OCR) brought on Deputy AssistantĀ Secretary Matt Nosanchuk, whose portfolio will include serving as the Departmentā€™s coordinatorĀ on responding to book bans, among other topics and responsibilities.

“OCR will continue its workĀ to support the public and school communities in understanding the civil rights impact bookĀ restrictions can have, in violation of federal law, and take enforcement action when necessary.

“InĀ the coming weeks, OCR will hold trainings for schools, libraries, teachers, and other educationĀ stakeholders to help them navigate their duty to provide equal access to education and aĀ supportive learning environment for all. The Department of Education remains firm in itsĀ commitment to ensure all students are protected from all forms of discrimination.ā€

A witness called by the Democratic members of the subcommittee, Jonathan Friedman, director of free expression and education programs at PEN America, said on Thursday that the range of restrictions and bans happening across the country today is “wildly unprecedented.”

“Weā€™ve been doing this work on and off for about 100 years,” he said, and there is now a “movement to encourage people to censor ideas” despite First Amendment jurisprudence on these matters, much of which comes from cases that were decided a half century ago.

U.S. Rep. Suzanne Bonamici (D-Ore.), the Democratic ranking member of the subcommittee, said that despite her Republican colleagues’ assurances months earlier that they were not interested in addressing book bans, “Now, today, the majority is holding a hearing specifically about what books should or should not be allowed in school libraries.”

“And Iā€™ll note that this is the U.S. Congress, not a school board meeting,” she said.

Republicans have defended book bans by arguing parents must be able to exercise their right to determine which materials their children can access, but Bonamici said “parental rights” is a pretext used by MAGA politicians to enact censorship laws that are coordinated by a “well-funded, vocal minority of parents and conservative organizations pushing their own personal agenda on others.”

“We can all agree that books in school libraries should be age appropriate,” she said, “And we all used to agree that the federal government should not dictate school curricula or what books are in school libraries.” 

The congresswoman’s opening remarks came after Bean addressed some titles, by name, that he found objectionable, including Maia Kobabeā€™s ā€œGender Queer: A Memoirā€ and ā€œLawn Boy,ā€ a semi-autobiographical coming of age novel by Jonathan Evison.

According to the American Library Association, last year these books were respectively the first and seventh most banned and challenged, both for their inclusion of LGBTQ and sexually explicit content. The works, both critically acclaimed, are not intended for readers of all ages.

Objections raised by conservatives to these two books is not out of step with how proponents of book bans tend to focus on materials addressing matters of race, sexual orientation, and gender identity. Bonamici highlighted research by PEN America, which found that “41 percent of banned content focuses on LGBTQI+ themes, protagonists or characters,” while “40 percent focuses on characters of color.”

Meanwhile, “At least seven states have passed draconian laws in the past two years subjecting school librarians to years of imprisonment and fines for providing books deemed to be explicit, obscene, or harmful,” the congresswoman noted.

Book bans are unpopular. A 2022 poll by the ALA found seven in 10 Americans are opposed to the practice. Representatives from the organization, who were in attendance on Thursday, participated in another hearing on Wednesday addressing book bans, which was convened by Interfaith Alliance and included U.S. Rep. Jamie Raskin (D-Md.).

In a statement to the Washington Blade, ALA President Emily Drabinski responded to the exchanges between lawmakers and witnesses during Thursday’s hearing:

ā€œALA wholeheartedly agrees with todayā€™s witnesses, who when asked by Rep. Suzanne Bonamici whether they believe diverse perspectives and materials are essential to any library, all responded with a resounding yes,” Drabinski said.

ā€œYet censorship persists at record levels. ALAā€™s Office for Intellectual Freedom documented 1,269 demands to censor library books and resources in 2022, and the majority of those books are about or authored by LGBTQ+ people and people of color. Preliminary data suggests that 2023 will be another record-breaking year.

ā€œProviding youth access to a wide variety of reading material in which they can both see themselves and experience the lives of others benefits the individual readers and the community. It will take the whole community to protect the freedom to read. It’s time to come together to end book bans.ā€

On Friday, Drabinski will participate in a plenary session for PFLAG’s biennial National Convention entitled, ā€œLet Freedom Read! Read With Love to Support Inclusive Books and Education.ā€

ā€œAt a time when a small, but vocal pro-censorship faction is irresponsibly using religion as a smokescreen to justify an assault on our constitutional rights, it is imperative that we are reminded that freedom of religion is adjacent to freedom of speech as part of the First Amendment for a reason,ā€ former ALA Executive Director Tracie D. Hall said in panel discussion during Wednesday’s hearing.

ā€œThey are and remain innately connected because an assault on one indisputably compromises the other,” she said.

Characterization of restrictions as ‘book bans’ is disputed

Bean repeatedly raised objections to Democrats’ use of the term “book bans” to describe practices like school boards’ removal of certain books from school libraries, noting that these materials remain widely available at public libraries and through retailers like Amazon.

In his remarks before the subcommittee, U.S. Rep. Burgess Owens (R-Utah) held up a Bible as he argued that the most egregious book ban from the U.S. Supreme Court in 1963, with a decision banning Bible reading in schools.

On Wednesday, Raskin, an attorney who taught constitutional law for more than 25 years, noted how GOP members of Congress have repeatedly mischaracterized the Supreme Court’s jurisprudence on the matter for purposes of defending their efforts to ban books based on their personal feelings towards them.

The Supreme Court’s 1963 ruling in Abington School District v. Schempp holds that “no state law or school board may require that passages from the Bible be read or that the Lord’s Prayer be recited in the public schools of a state at the beginning of each school day ā€” even if individual students may be excused from attending or participating in such exercises upon written request of their parents.”

The decision came a year after Engel v. Vitale, which found that it was unconstitutional, per the Establishment Clause of the First Amendment, for state officials to create and encourage public schools to recite an official prayer.

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Congress

Members of Congress introduce resolution to condemn Uganda’s Anti-Homosexuality Act

U.S. Reps. Mark Takano (D-Calif.) and Joyce Beatty spearheaded condemnation

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

More than 20 members of Congress on Thursday introduced a resolution that condemns Uganda’s Anti-Homosexuality Act.

Gay California Congressman Mark Takano and U.S. Rep. Joyce Beatty (D-Ohio) spearheaded the resolution that U.S. Reps. Becca Balint (D-Vt.), Lloyd Doggett (D-Texas), Adriano Espaillat (D-N.Y.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Josh Gottheimer (D-N.J.), RaĆŗl Grijalva (D-Ariz.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Gwen Moore (D-Wis.), Seth Moulton (D-Mass.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Mark Pocan (D-Wash.), Delia Ramirez (D-Ill), Linda SĆ”nchez (D-Calif.), Jan Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Rashida Tlaib (D-Mich.), Ritchie Torres (D-N.Y.), and Debbie Wasserman Schultz (D-Fla.) co-sponsored.

“The House of Representatives condemns the government of Ugandaā€™s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ā€˜’promotion of homosexuality,ā€™” reads the resolution.

The resolution, among other things, also calls upon the Ugandan government to repeal the law.

ā€œIt is difficult to overstate the gross inhumanity of Ugandaā€™s Anti-Homosexuality Act,ā€ said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court in April refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists appealed the ruling.

ā€œInstead of focusing on rooting out corruption or ending extrajudicial killings, the Ugandan Parliament, president, and Constitutional Court have chosen to mark LGBTQ+ Ugandans as less than human,” said Takano. “Congress must not be silent in the face of such systematic, state-sponsored discrimination.”

“To all those LGBTQ+ people and your allies in Uganda ā€” we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.ā€ 

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EXCLUSIVE: Sen. Padilla and wife Angela talk LGBTQ mental health

Couple to receive award from Gay Men’s Chorus of L.A. on Sunday

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U.S. Sen. Alex Padilla (D-Calif.) and his wife, Angela Padilla, spoke with the Washington Blade for an exclusive interview last week ahead of their receipt of Voice Awards from the Gay Men’s Chorus of Los Angeles at a ceremony on June 30.

“I’ve known members” of the organization “off and on over the years, going back to my days on the city council in Los Angeles,” when battles were waged over California’s Proposition 8 banning same-sex marriage, Padilla said.

“I was proud to be an ally for a long time, but especially in those moments, really, as a public official, as an elected official, knowing how important allyship was,” he said, stressing “the tremendous talent of the chorus” and “what they represented individually and as a group” serving as allies for “young people who may not necessarily grow up in a supportive environment or in supportive families.”

“I work very closely with Joseph Guardarrama,” a board member for GMCLA, “for many years now on my nonprofit, and it’s all in support of mental health and wellness and educating people on how to get help, why they should get help, and why it’s important to take care of your brain,” Mrs. Padilla said by phone.

“I started FundaMental Change in 2017,” she said, to push for “the mental change that I feel that we have to have as a society when it comes to how we look at [and] how we treat mental health conditions.”

The senator’s wife added that LGBTQ people are twice as likely to have a mental health condition while dealing “with so much more social stigma and discrimination” than their straight and cisgender counterparts.

“This month we’re going to have a table for June 30 working with the [California] Department of Mental Health at the Pride parade,” she added. FundaMental Change also operates an LGBT Youth TalkLine and Trans Lifeline.

Padilla noted the organization’s work combatting stigma. “One thing that we recognize both coming from Latino families is the need to overcome stigma,” he said. “There’s a lot of misunderstanding or misperceptions about mental health.”

The effort is also central to the senator’s work as a policymaker, he said, referencing the bipartisan Senate Mental Health Caucus that he founded alongside U.S. Sens. Tina Smith (D-Minn.), Thom Tillis (R-N.C.), and Joni Ernst (R-Iowa) to serve as “a forum for us to share stories.”

“It’s been fascinating, there are more than 30 members of the caucus now, so about a third of the United States Senate,” he said. “It’s 50/50 Democrats and Republicans,” and when approached, every member had a story to share, whether about “something that they’ve been through [or] somebody in their family, a colleague, a neighbor who can relate.”

Padilla said his decision to announce the formation of the caucus concurrently with his visit to the San Francisco LGBT Community Center “was very intentional.”

When it comes to mental health, “We’ve really prioritized trying to develop bipartisan solutions,” he said, “because those are more sustainable here in Congress.”

The first bill backed by the caucus was Padilla and Tillis’s Local 9-8-8 Response Act of 2023, which “was to require the FCC to move to implement the geolocation technology to the 988 system.”

Unveiled by the Biden-Harris administration in 2022, the 988 Suicide and Crisis Lifeline is operated by the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration. The program provides the option for callers to reach specialized LGBTQI+ affirming counselors by pressing “3.”

On the importance of geolocation technology, Padilla said “if I’m here in Washington, and have a need to call 988, my area code on my phone is Los Angeles ā€” so, I’d be passed through to the Los Angeles providers.”

The senator noted that the FCC “is moving forward with those improvements” independently of his bill’s path forward in Congress.

More broadly, some of the policy challenges concern supply and demand problems. “From a bigger picture, longer term perspective, we’re talking about the workforce needs,” Padilla said. “So, what’s the game plan for [getting] more psychologists or psychiatrists or counselors, more therapists, more everybody in the field to better serve people across the country?”

Padilla also discussed the importance of “cultural competence” as a means of guaranteeing the best possible treatment. “When we ask people to go get help, if there’s somebody that they can relate to or that they know gets them, the better quality experience in treatment is going to come,” he said.

“We’re not quite there yet with the Republican colleagues, but I have faith that in time we will get them there,” the senator added. “And again, the LGBTQ community is a prime example. You’ve got to feel comfortable going to somebody when you need help.”

Padilla said, “not everybody comes from a supportive environment; not everybody lives in a city or a state that is supportive. And at this particular time politically, they’re really under attack. They’re being targeted acutely. And that’s more reason and urgency to speak up and stand up.”

On Sunday, the Padillas will share the stage with the recipients of the third GMCLA Voice Award, from the critically acclaimed HBO series ā€œWeā€™re Here,ā€ which follows drag queens as they travel the country to perform in one-night-only performances in small towns.

Mrs. Padilla celebrated the ways in which drag has brought communities together, recalling when RuPaul’s Drag Race “was first airing and it was like everyone was so interested in watching the show” and “it just brought people from everywhere.”

“I have a lot of frustrations, as a Latina, with the misrepresentation of our community and our culture in television and movies,” she said. “And I feel like every opportunity that you get to see something that’s just authentic ā€” it’s such a benefit to everyone. It really helps us understand that we have more in common than not.”

“Drag is not new,” the senator said. “It goes back generations in the United States and I think for the LGBTQ+ community it can be can be very empowering, as an outlet for performers, but also participants in an audience to see on stage what you may not see in other places.”

Republican-led efforts to restrict access to drag performances, especially by young people, “feels like it’s an act of desperation,” Mrs. Padilla said.

“I think they’re resisting something that they don’t understand. I just think it’s really coming from a place of fear. And really not understanding the human behind it,” she said, adding that the reactionary forces are a product of the LGBTQ movement’s success and “that feeling of it’s out of their control.”

“The diversity of our communities, the diversity of our country, is a big source of strength,” Padilla said. “It’s just not always been embraced. I think a lot of people either misinterpret it or frankly exploit it to cause divisions in society.”

“We can’t ignore the political climate that we’re living in,” the senator said, “heightened only by the fact that it’s a presidential election year and we see who the Republican nominee is going to be.”

Looking ahead to November’s elections, he said, “as with so many other issues, LGBTQ+ rights and opportunity in the future ā€” It’s a 180-degree difference between Joe Biden and Donald Trump. Let’s not take it for granted. Let’s not take it lightly. Let’s get out and vote.”

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Drag queens lobby members of Congress

MoveOn organized Tuesday’s Drag Lobby Day

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Drag artist Joey Jay speaks at a press conference at the House Triangle near the U.S. Capitol on June 25, 2024. (Washington Blade photo by Michael Key)

A group of drag queens on Tuesday traveled to D.C. to lobby members of Congress to support pro-LGBTQ legislation.

“Drag Race Philippines” judge Jiggly Caliente, “RuPaul’s Drag Race” season 13 contestant Joey Jay and Brigitte Bandit urged lawmakers to support the Equality Act, which would add gender identity and sexual orientation to the Civil Rights Act of 1964, and the Transgender Bill of Rights, which would add trans-specific protections to federal nondiscrimination laws. 

Caliente, Jay and Bandit met with U.S. Reps. Juan Ciscomani (D-Ariz.), Mark Pocan (D-Wis.), Jasmine Crockett (D-Texas), Delia Ramirez (D-Ill.), Greg Casar (D-Texas), and Jen Kiggans (R-Va.) and/or their staffers.

Jay posted to her X account a picture of her, Caliente, and Bandit outside Crockett’s office. The Texas Democrat in response said “you’re always welcome, queens.”

MoveOn organized the visit, which it called the Drag Lobby Day.

“Today we brought together a trio of advocates and drag artists to stick up for LGBTQ folks, talk about what’s at stake and fight back against some extremist, hateful attacks, and narratives from conservative politicians,” said MoveOn Campaign Director Nakia Stephens during a press conference outside the U.S. Capitol.

Caliente said the Equality Act and the Trans Bill of Rights “will make it easier for people to find and keep employment and protect our communities more fully from discrimination in housing, health care, and so much more.”

Jay, who now lives in Phoenix, cited statistics that indicate 320 trans people were killed in 2023. Jay also stressed to conservatives that drag queens and LGBTQ people are not “trying to shove our lifestyle down your throats.”

“We are just trying to live in peace without fear of being murdered,” said Jay.

(WASHINGTON BLADE VIDEO BY SEAN KOPEREK)

Bridget Bandit ā€” known as the “Dolly of Austin” ā€” has testified against two anti-drag bills in Texas while in drag. Bandit noted she joined an American Civil Liberties Union of Texas lawsuit against the state’s Senate Bill 12, which would have criminalized drag shows and other performances that took place in front of children, “to fight for our freedom of expression.”

A federal judge last September blocked the law from taking effect.

“This fight is far from over,” said Bandit. “We continue to face the effects of this harmful rhetoric legitimized by our lawmakers.”

Drag artist Brigitte Bandit speaks at a press conference at the House Triangle near the U.S. Capitol on June 25, 2024. (Washington Blade photo by Michael Key)

Sean Koperek contributed to this story.

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