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Proposed Exchange Regulations And The LGBT Community

Earlier this week, the Department of Health and Human Services released the long-awaited set of preliminary guidelines for the development and operation of the health insurance exchanges. The exchanges, part of the reforms introduced by the Affordable Care Act, are intended to connect small businesses and individual consumers with health insurance options.

Gay and transgender people and their families stand to benefit significantly from the exchanges, as they are roughly twice as likely as the general population to be uninsured (largely because discrimination in employment and relationship recognition limits their access to employer-sponsored private coverage). The exchanges, which will utilize subsidies and tax credits to connect customers with coverage offered by private insurers, will help LGBT people access coverage even if they are unemployed, if they work for an employer who does not offer health insurance benefits, or if their employer refuses to offer benefits for same-sex couples. Thus, it is crucial that the design, implementation, and management of these new insurance marketplaces take the needs of LGBT people into account.

The proposed rule includes nondiscrimination protections on the basis of sexual orientation and gender identity. To buttress these protections, federal and state policies around the essential health benefits that private insurers participating in the exchanges will have to offer — guidelines that the Department of Health and Human Services is still developing — should provide similar protections.

This week’s rule is an important step in constructing the architecture of a state-based exchange system that is prepared to serve the needs of all its future consumers, including gay and transgender people and their families. The states should prepare to seize the opportunities offered by the proposed rule to create exchanges that combine flexibility of design with a firm commitment to ensuring that coverage reaches everyone who needs it.

NEWS FLASH

DADT Repeal Certification Imminent? All Services Have ‘Provided Their Input’ | “All of the services and combatant commands have provided their input to the Defense Department in advance of the repeal of the ‘Don’t Ask, Don’t Tell,’” a Pentagon spokesman said today. The Defense Department has stopped discharging openly gay servicemembers in compliance with a recent Ninth Circuit injunction, but has also moved forward with the repeal certification process that Congress approved last year. Under that law, Don’t Ask, Don’t Tell cannot be lifted until 60 days after the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff certify that it does not undermine unit readiness or cohesion. The Department of Justice has just several more days to announce if it plans to appeal the injunction.

NEWS FLASH

Iowa GOP Activists Blast ‘Marriage Vow,’ Vander Plaats As ‘Huge Distraction’ | Republican activists in Iowa aren’t happy with the Iowa FAMiLY Leader’s “Marriage Vow” pledge that tripped up Rep. Michele Bachmann (R-MN) and was shot down by former House Speaker Newt Gingrich (R) and former Govs. Gary Johnson (R-NM), Mitt Romney (R-MA), Jon Huntsman (R-UT), and today, Tim Pawlenty (R-MN). One GOP activist and social conservative described the pledge as “kooky,” saying he’d never sign a pledge “with 17 footnotes.” Craig Robinson, an Iowa-based activist, told the Washington Post that the vow has been “a huge distraction,” adding that candidates shouldn’t spend time on pledges that are “obviously not well thought out.” Another “disgusted” operative took a shot at FAMiLY Leader president Bob Vander Plaats, saying the pledge “is not the work of a kingmaker but a troublemaker.”

NEWS FLASH

California Bi-National Couple’s Deportation Postponed | A married bi-national same-sex couple in California has been saved from deportation by immigration Judge Marilyn Teeter. The federal government has 60 days to decide whether to continue pursuing deportation proceedings against the couple under the Defense of Marriage Act. If it does, she will revisit the case in September 2013, ensuring the couple has at least two more years together. This is the latest in a series of cases where such couples have been protected by judges. (HT: Out4Immigration.)

Pawlenty Won’t Sign FAMiLY LEADER’s Pledge After Courting Group’s Endorsement

Tim Pawlenty has announced that he won’t be joining Michele Bachmann and Rick Santorum in signing the FAMiLY LEADER’s “marriage vow” pledge. “I prefer to choose my own words, especially seeking to show compassion to those who are in broken families through no fault of their own,” Pawlenty said today. While stressing that he respects the group and agrees with “the core principles of the Family Leader’s Marriage Vow Pledge,” Pawlenty nevertheless misspelled President Bob Vander Plaats’ name and incorrectly referred to another of the group’s staffers as “Chuck.”

Despite rejecting the document, Pawlenty has courted the group’s endorsement and shares many of its views. He was the first candidate to appear before the LEADER’s presidential lecture series in February and recently told NBC’s Meet The Press that he too believes that the science was “in dispute” about whether people choose to be gay. Pawlenty did distance himself from the group in April, however, telling ThinkProgress that he did not necessarily agree with its claim (echoed in the Pledge) that homosexuality was a public health risk:

VOLSKY: Governor, you spoke to the FAMiLY LEADER in Iowa in February, and that group has said that homosexuality is a public health risk. They’ve linked it to second hand smoking. Do you agree with that?

PAWLENTY: Well, my view in terms of the FAMiLY LEADER questions is that we have a country that has traditionally respected things like traditional marriage, which I support. But you know, I have my own views on these matters.

VOLSKY: Do you think homosexuality is a health risk?

PAWLENTY: Is it a health risk? … Well, we have some evidence to indicate that if you engage in unprotected sex you might increase the chance of getting the HIV/AIDS. But you know, that’s also true, can be true in heterosexual community as well.

Watch it:

The highly controversial 14-point “Declaration of Dependence Upon Marriage” calls for a ban on pornography, argues that homosexuality is a choice, and implies that black people had stronger families during slavery. Since releasing the pledge last week, the influential group has backed down from its anti-porn ban and removed the statements about African-Americans.

Earlier this week, Newt Gingrich also rejected the document, but promised to consider it if certain unspecified changes are made. Mitt Romney’s campaign also announced that he would not sign it because it “contained references and provisions that were undignified and inappropriate for a presidential campaign.” Utah Governor Jon Huntsman said he would reject the pledge  the day it was released because he does not sign pledges.

Republicans have until Aug. 1 to decide if they will endorse the document.

Franken: Minnesotans Will Defeat Anti-Gay Amendment, But ‘It Will Be Very Close’

The Advocate’s Andrew Harmon caught up with Sen. Al Franken (D-MN) who told him that he expects Minnesotans to narrowly defeat a ballot measure that would outlaw same-sex marriage in the state’s constitution:

HARMON: Are you confident that Minnesotans will vote against putting discrimination into the state constitution?

FRANKEN: I think we’ll win this one, but I think it will be very close. We’re a very divided state, and on this issue I don’t have the strongest sense on where it’s going to be. I know there are people who just have their views and are against marriage equality.

HARMON: Rep. Michele Bachmann being one of them.

FRANKEN: Yes, I think she’ll vote for the amendment.

Franken — a prominent supporter of LGBT equality in Congress — reiterated that he opposes Bachmann’s views on gay people, but said he liked her personally. “[W]e fly on a plane together, we’ve gone to funerals together, we’ve cried together, we’ve laughed together. Here [in Washington, D.C.,] we had a Minnesota hotdish-off — she was the only Republican who came; she wore a Twins apron. I think she was the only other member in the delegation besides me who actually made the hotdish. She made venison kielbasi, sauerkraut, and noodles, and we had a fun time.”

Tennessee Governor: There’s Already Too Much Regulation To Start Protecting Gays

In a recent interview, Nashville City Paper’s Jeff Woods pressed Tennessee Gov. Bill Haslam (R) on his recent decision to sign a bill overturning Nashville’s LGBT non-discrimination protections. The governor said while he doesn’t think businesses should discriminate against people based on sexual orientation, businesses already have “plenty of regulation” from the government and don’t need more. He also refused to comment on whether being gay is a choice or should be a protected class:

WOODS: Did you think about vetoing [the bill that overturned local nondiscrimination protections]?

HASLAM: Yes, we thought about a lot of things there, mainly because there are conflicting principles. I really do think local governments should be able to decide most things for themselves. I really do think that. And it bugged me as a mayor [in Knoxville] when [state legislators in] Nashville told us stuff to do. The flip side is, I honestly believe that businesses have plenty of regulation coming down on them from government. If you asked most Tennesseans, including most people in this restaurant, they’d say there are plenty of regulations. So you had two pretty conflicting philosophies wrapped up in one thing. In the end, it passed by 70 percent in both houses, so I signed it.

WOODS: What about gay rights? You have said you think businesses should adopt nondiscrimination policies that include gay people.

HASLAM: I think this. I’ve said a hundred times, I think the people who hire the best team are going to win. If you take any part of the population and say I’m not going to hire those people willfully, I don’t think that’s a really smart business plan. I think businesses should have diverse hiring practices. That’s really different, though, than having city governments tell businesses what their HR practices should be. Businesses are going to go out and hire the best people they can.

Haslam went on to say that he would be against adding sexual orientation as a protected class in the state’s laws and declined to comment on whether sexual orientation is a choice, saying, “In my role as governor, I just don’t think that’s a topic that we need to get into.”

Haslam also admitted that the Tennessee Chamber of Commerce supported the discriminatory bill right up until he signed it, then immediately changed their position. But, Haslam says, if they had changed their position sooner, he still probably would have signed it.

Massachusetts Group Says Non-Discrimination Bill Will Protect ‘Peeping Toms And Sexual Predators’

Despite its reputation as a leader for LGBT equality, Massachusetts still does not have non-discrimination protections based on gender identity, which means transgender people have no recourse should they be treated unfairly in employment, housing, education, credit, and public accommodations. Bill HB 502/SB 764, currently under consideration by the state legislature, would end those disparities, but the Massachusetts Family Institute (MFI) is running an offensive “No Bathroom Bill” campaign against it.

MFI’s campaign is built upon the single false idea that allowing transgender people to use the restroom of the gender by which they identify will somehow endanger women and children. A new series of radio ads fraudulently claim that the law eliminates all bathroom gender boundaries:

You know, pretty soon you won’t want her to go into a bathroom by herself anymore. You’ll have to worry about who could be in there with her. You haven’t heard about the “bathroom bill”? Yeah, Beacon Hill is about to pass a bill that lets men use women’s bathrooms. Our legislators are really going to make it legal for men to use women’s bathrooms to somehow help transgender people.

The ad goes on to suggest that bathrooms “won’t be safe anymore” because of peeping toms and sexual predators. Listen to the ads:

The reality is that there has never been a recorded case of a transgender person misusing such protections. The bill does nothing to protect “peeping toms” and “sexual predators” as the ad claims, but actually makes sure that people can use the bathroom that fits with their identity. At the bill’s hearing last month, Gunner Scott of the Massachusetts Transgender Political Coalition responded to a question from Rep. Sheila Harrington about whether transgender people can switch genders on a “day-to-day basis.” He told her that opponents of the bill (like MFI) say “someone like me who looks male should be going into the women’s room. And I know that that’s wrong because I would make women uncomfortable.”

These insidious ads use fear to smear transgender people as pedophiles and rapists in order to ensure that they can continue to be discriminated against in society.

NEWS FLASH

GOP Presidential Candidate Calls Bachmann A ‘Liar,’ ‘Hypocrite And Bigot’ | Openly gay Republican presidential candidate Fred Karger blasted competitor Rep. Michele Bachmann (R-MN) yesterday over the undercover investigation revealing that Bachmann and her husband’s counseling clinic offers ex-gay therapy. “She’s a liar and now that she’s been busted, she’s trying to divert attention away from her lies,” said Karger in an interview with the Michigan Messenger. “She’s just another hypocrite and bigot.” Karger is the first to take a stand after the Human Rights Campaign called on GOP candidates to “publicly denounce” Bachmann over her “homophobic views.”

NEWS FLASH

Colbert Takes On Marriage Pledge, Marcus Bachmann’s Clinic | Last night’s Colbert Report spent the entire episode talking about marriage and monogamy. Host Stephen Colbert addressed The FAMiLY LEADER’s controversial marriage pledge, including Michele Bachmann’s common references to “slavery,” as well as the ex-gay therapy offered by Marcus Bachmann’s clinic. Colbert then brought a “heterosexual accountability buddy” with him to interview sex-columnist Dan Savage about the definition of marriage. Below is Colbert’s reaction to the Bachmann clinic, watch the full episode at Colbert Nation:

After New York, Maryland Governor Considering Another Push For Marriage Equality

Maryland Gov. Martin O'Malley (D)

Earlier this week, a handful of LGBT organizations launched a new effort to bring marriage equality to Maryland modeled after New York’s successful coalition and now Governor Martin O’Malley (D) is also considering supporting legislation to legalize same-sex marriage next year:

O’Malley spokeswoman Raquel Guillory said O’Malley has had recent discussion with lawmakers who would like him to make a same-sex marriage bill part of his formal legislative package next year.

“It’s definitely an option that’s on the table,” Guillory said. “We are in discussions as to what steps we might take next. . . . We’re looking at all options to ensure success.”

Advocates were optimistic about the success of the legislation this year, but the effort fizzled partly because O’Malley’s support for the measure was largely contained “to private conversations with lawmakers. He made no mention of the legislation in his agenda-setting State of the State speech.” Supporters also “failed to mount the kind of vigorous, multimillion-dollar grass-roots campaign that their allies in New York ran this spring” or build greater support within minority communities. “We all started running toward getting a bill passed without building a campaign in advance,” said Del. Heather R. Mizeur (D), a leading advocate of the legislation. This time, she said, “we’ll be running a very aggressive campaign that targets specific districts and regions where we need to shore up our vote count.” The measure passed the Senate but died in the House without a final vote.

Interestingly, after the bill was withdrawn, O’Malley suggested that the question should have been put to a vote. “I would have hoped that we could have resolved this issue and then let the people decide,” he said. “I think an issue like this was bound to go before the people in a referendum, and I would have hoped that we would have been able to have accomplished that today.”

The new campaign for same-sex marriage will include Equality Maryland, Progressive Maryland, the ACLU, the Human Rights Campaign, Freedom to Marry, Service Employees International Union, among others.

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NEWS FLASH

Illinois Judge Reinstates Catholic Adoption Contracts | A judge has, at least for now, reinstated contracts between the Illinois Department of Children and Family Services and Catholic Charities’ adoption and foster-care services. The state had ended the relationship because Catholic Charities’ refused to recognize Illinois’ new civil unions law for same-sex couples. A hearing has been set for August 17.

The Morning Pride: July 13, 2011

Welcome to The Morning Pride, ThinkProgress LGBT’s 8:45 AM round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but let us know what you’re checking out too.

- As we reported last night, Republican presidential candidate Gov. Mitt Romney has rejected The FAMiLY LEADER’s “marriage vow,” saying that the oath “contained references and provisions that were undignified and inappropriate for a presidential campaign.” Govs. Jon Huntsman and Gary Johnson have also rejected the pledge. So far, only Rep. Michelle Bachmann and Sen. Rick Santorum have signed the controversial statement.

- Bachmann continues to evade questions about the harmful ex-gay therapy offered by her husband’s clinic. As Towleroad points out, seven cable news shows have covered the controversy, but when Fox News’s Sean Hannity interviewed Bachmann, he didn’t bring it up. Fox Nation did however mention the story with a headline that painted Marcus Bachmann as the victim of a sting operationRight-wing groups have been quick to defend her and the dangerous therapy.

- A California psychologist has also pointed out that the states licensing board has been accepting educational credits from the National Association for Research & Therapy of Homosexuality (NARTH), a group that promotes the bunk “science” behind reparative therapy.

- The Ninth Circuit Court of Appeals has ordered the Department of Justice to address an inconsistency between its call for heightened scrutiny for sexual orientation in various cases, yet application of rational basis for sexual orientation in jury selection.

- The Ohio Supreme Court has ruled against a lesbian woman’s claim that she has shared custody over her ex-partner’s daughter. The mother argued that she had not permanently surrendered partial custody and had revoked the privileges she had shared.

- The Family Research Council has created another self-victimizing group called “Citizens Against Religious Bigotry.”

- An openly gay recruit in California has begun re-enlisting now that Dont’ Ask, Don’t Tell has been enjoined.

- Singer Ari Gold was told to move to the back of the Shortline bus he was riding for holding hands with another man. The bus company has apologized for the driver’s actions.

- NFL Hall of Fame wide receiver Michael Irvin graces the cover of this month’s Out magazine and offers his support for openly gay teammates.

- Chris Brown used the basketball court to shout anti-gay slurs to  other players during a pick-up game.

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