National
Push for LGBT bills continues during recess
Activities planned in local districts while Congress takes break
Advocacy groups are planning to take advantage of this month’s congressional recess by stepping up efforts with district offices to build support for pro-LGBT initiatives while lawmakers are at home.
One joint effort between the Human Rights Campaign and Servicemembers Legal Defense Network, for example, is geared toward influencing senators to support repealing “Don’t Ask, Don’t Tell” when the issue comes before the Senate, possibly in September.
As part of this same effort, HRC is also working on building support for bringing the Employment Non-Discrimination Act to a House vote.
Meanwhile, grassroots LGBT group GetEqual is considering ways to expand its direct action work outside the Capital Beltway to reach lawmakers in their home districts.
HRC and SLDN last week announced their effort, called Countdown 2010, which aims to mobilize new grassroots efforts to build support in part toward ending “Don’t Ask, Don’t Tell” in the Senate.
Marty Rouse, HRC’s national field director, said the effort consists of engagement from the organization’s field team as well as encouraging HRC members to reach out to key lawmakers.
“We can’t just talk to our legislators and members of Congress inside the Beltway,” Rouse said. “We have to talk to them in the district so that they see that there’s interest and concern back home.”
Aubrey Sarvis, SLDN’s executive director, said the effort will last until lawmakers return from their August recess and vote on the fiscal year 2011 defense authorization bill, the legislative vehicle to which the Senate Armed Services Committee in May attached a provision that would lead to “Don’t Ask, Don’t Tell” repeal.
“We’ll be down in the targeted states with veterans, former clients of SLDN, friends and family of veterans — hopefully to visit with senators and their key staffers to urge senators to support, one, the [Defense Department] bill and, secondly, to support the provisions in the bill as it came out of the Senate Armed Services Committee,” Sarvis said.
The “Don’t Ask, Don’t Tell” portion of the Countdown 2010 effort is focused on influencing senators in 10 states — Arkansas, Indiana, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, South Dakota and Virginia — where HRC and SLDN feel they don’t have a firm commitment from senators on the issue.
Rouse said the senators in the states on which HRC is focusing its efforts are Blanche Lincoln (D-Ark.), Mark Pryor (D-Ark.), Richard Lugar (R-Ind.), Jon Tester (D-Mont.), Max Baucus (D-Mont.), Mike Johanns (R-Neb.), John Ensign (R-Nev.), Judd Gregg (R-N.H.), Byron Dorgan (D-N.D.), Kent Conrad (D-N.D.), George Voinovich (R-Ohio), Tim Johnson (D-S.D.) and Mark Warner (D-Va.).
Although Rouse said HRC’s field team is engaged in nearly all of these states throughout the country as part of this effort, he added efforts aren’t yet underway in Montana because of priority and efficiency reasons.
“Montana is a big state, and it’s hard to cover and hard to get to,” Rouse said. “There’s no one in Montana right now, but there will be.”
One of the senators on the list has already publicly indicated his position on “Don’t Ask, Don’t Tell” in the defense authorization bill. Last month, Lugar told the Blade he wouldn’t support removing the “Don’t Ask, Don’t Tell” language from legislation and is unlikely to support a filibuster of the main bill.
Sarvis said SLDN feels Indiana should nonetheless be among the states on which efforts are focused.
“With Sen. Lugar, the commitment is not as firm and unequivocal as we would like, so we hope to engage him back home,” Sarvis said. “But, yes, we are somewhat encouraged by what Sen. Lugar has said to date. But, again, it’s not done until all the votes are cast.”
Also as part of Countdown 2010, HRC is working to influence senators in the targeted states on ENDA while engaging House members in North Carolina, Pennsylvania and Texas to build support for the bill. Rouse said urging senators to support ENDA in these three additional states is less of a priority.
“We really focused on the House and we need to do significant [work] in House districts throughout the country before we even can think of the Senate,” Rouse said. “Our focus right now in the field is making sure that we target these House members. That’s most important.”
Paul Guequierre, an HRC spokesperson, said the efforts in North Carolina, Pennsylvania and Texas are geared toward influencing House Democratic members in these states that aren’t ENDA co-sponsors.
Five of eight House Democrats from North Carolina, five of 12 House Democrats from Pennsylvania and five of 12 House Democrats from Texas aren’t co-sponsors, Guequierre said.
Sarvis said the shared work between HRC and SLDN in this effort would complement the strength of each organization. He noted that HRC has more field organizers and thus would provide more field workers to the effort while SLDN would bring more service members and veterans.
“Whether it’s working with field organizers in place or SLDN veterans, clients, it’ll be a matter of sharing resources and bringing that [all] together over the next six to eight weeks in the most efficient way possible,” Sarvis said.
Rouse said HRC would look at local media to determine whether efforts in these states are making progress and noted that efforts in many states have already produced results.
“We’ve already seen letters to the editor printed, op-eds printed and meetings with the Senate staff have already taken place,” he said. “None of this would have happened were it not for HRC’s staff being on the ground, mobilizing and reaching out to people.”
But for SLDN, evaluating the progress of Countdown 2010 would depend on the results of the meetings with senators and their staffers in these states.
“But the bottom line is you won’t know until the votes have been cast,” Sarvis said. “In some cases, we may get affirmative answers over the next several weeks, but I suspect that in many cases, we won’t get a definitive answer until the senators’ votes.”
GetEqual plans district actions
Meanwhile, GetEqual is planning efforts to draw more attention to ENDA as lawmakers return from break. The efforts are intended to build off previous protests last month in Las Vegas and at the U.S. Capitol.
Robin McGehee, co-founder of GetEqual, said her group has been talking with local organizers about working collaboratively on direct action throughout the country on ENDA and “Don’t Ask, Don’t Tell.”
“We’re trying to work to set up some in-district actions,” she said. “At this moment, we don’t have any targets that we’ll release only because we’re trying to figure out where is the weakest link and what we feel like is going to be strategically the best one to plan most of our attention.”
McGehee said GetEqual will be sending out instructions on ways people can engage in the political process as lawmakers work in their home district.
“It may be some people planning actions; it may be just giving them avenues of engagement that can just get them to engage their legislator around ‘Don’t Ask, Don’t Tell’ or ENDA,” she said.
McGehee said GetEqual is looking at lawmakers’ speaking engagements, town halls, fundraisers and office times as possible opportunities for action.
Wherever the actions take place, McGehee said GetEqual is in part learning from the tactics that conservative protesters used in interrupting town hall meetings last year over health care reform.
“Obviously, you don’t want to be compared to someone who has a conservative platform,” she said. “But, in my opinion, one of the things that we did learn from watching that was the squeaky wheel was getting the grease.”
In the past month, GetEqual asked supporters which of four lawmakers should be targeted for direct action over ENDA: U.S. House Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.), Rep. Barney Frank (D-Mass.) or Rep. George Miller (D-Calif.).
According to GetEqual, Pelosi won 46.5 percent of the vote, Reid won 18.5 percent, Miller took 17.6 percent and Frank took 17.4 percent. The organization declined to make public the total number of votes.
McGehee said the first and second place rankings of Pelosi and Reid were behind a protest last month in Las Vegas, which was directed against Reid, and another protest in the U.S. Capitol, which targeted Pelosi.
But whether GetEqual continues to target Pelosi and Reid during their August break remains to be seen.
“I don’t know for sure that we’ll go back to those targets,” McGehee said. “Honestly, for us, it’s just looking at where you have local organizers that also want to be involved, and finding out from the advocacy groups that really have the inside strategy where do they feel like the hold up is actually happening.”
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
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