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LGBT

Moving Beyond The Invisibility Of Transgender People In The 2012 Elections

New Hampshire state Rep-elect Stacie Laughton (D). (Photo credit: William Wrobel, Nashua Telegraph.)

It’s fair to say that the 2012 elections were a big victory for the LGBT community, in terms of both issues and candidates, but that is much more true for the LGB than it is the T. Certainly the transgender community can benefit from same-sex marriage laws; some states will recognize their gender identity and others won’t, confusing who they can legally marry based on their identity documentation. Ideally, lawmakers who claim to be allies will also support transgender issues, but there is no guarantee. Vice President Joe Biden told a constituent recently that transgender justice is the “civil rights issue of our time,” but progress can only be made with visibility.

One important victory took place this week in New Hampshire: the state elected its first openly transgender lawmaker. Stacie Laughton (D) easily beat two Republican candidates for an open seat in Ward 4. She told the Nashua Telegraph that she believes the LGBT community “will hopefully be inspired,” but in her campaign she also advocated for the homeless, people with disabilities, and strengthening public schools. A seat in the huge New Hampshire House of Representatives is not the highest profile position, but Laughton’s election is a notable milestone for trans visibility.

The primary struggle facing trans people remains discrimination in employment, housing, and public accommodations. The federal Employment Non-Discrimination Act (ENDA) has languished in Congress for decades, and with Republicans maintaining control of the House, its status is not likely to change. Rep. Paul Ryan (R-WI) is the perfect example of a Republican who opposed ENDA specifically because it included transgender protections. President Obama could still issue an executive order protecting employees of federal contractors, but he has been reluctant to do so because it’s not a permanent solution. In 34 states, a person can still be legally fired just for being transgender. For example, though New York and Maryland have both advanced same-sex marriage, gender identity protections (bills known as GENDA and GIADA, respectively) struggle to advance.

Having a basic understanding of transgender identities continues to be a huge obstacle in discussing these issues. In Washington state, which also just passed marriage equality, controversy is erupting over a supposed “incident” where a 17-year-old girl saw a transgender woman changing in the locker room at Evergreen College. Even ABC News offensively felt the need to explain that this transgender student “identifies as a woman but has male genitalia.” It’s become a story because the Alliance Defending Freedom has threatened the college with ambiguous legal action, all because of the visibility of a person’s genitals in a space designated for changing clothes. Evergreen, admirably, is standing by its nondiscrimination protections, pointing out that there are privacy curtains available — for hiding one’s body or one’s eyes, as the need may arise. The controversy is a simple example of the everyday stigmatization trans people experience and how that stigma is used to justify discrimination.

Kerry Eleveld argues this week that President Obama will be a “better progressive” in his second term, and standing up for transgender people is the perfect opportunity to do just that. From ending the military’s exclusion of transgender servicemembers to protecting trans people from the discrimination that inhibits their basic life needs to ensuring they have access to proper medical care, there is plenty of room for progress.

Health

Majority Of Voters In Key States Support Legal Access To Abortion Services

Exit polling from last night’s election suggests that clear majorities of voters in key states support legal access to abortion, and oppose efforts to criminalize abortion in all cases. Considering the fact that voters also rejected the five anti-choice candidates who emphasized their opposition to abortion rights across the board, even for survivors of sexual assault, it’s clear that reproductive rights have become a decisive election issue:

– New Hampshire: Voters in New Hampshire overwhelmingly support abortion access, with 71 percent of voters reporting they believe abortion should be legal all or most of the time. Just 27 percent of voters there say it should be illegal. The state also has the distinction of electing the first all-female Congressional delegation, with two female Senators and two newly elected female Democrats who ousted the male Republican incumbents for seats in Congress.

– Virginia: In Virginia, which ended up casting its 13 electoral votes for Obama, only 33 percent of voters told exit pollsters that they think abortion should be illegal. Sixty-three percent, on the other hand, think it should be legal all or most of the time.

– Ohio: Ohio also went blue for Obama, and it also has a strong majority of support for reproductive rights. Fifty six percent of Ohio voters believe abortion should be legal all or most of the time, and just 39 percent say it should be illegal.

– Missouri: Voters in Missouri narrowly reelected Sen. Claire McCaskill (D) over her Republican opponent Todd Akin, who once defended his opposition for abortion rights for rape victims by asserting that “legitimate rape” doesn’t often lead to pregnancies. Exit polling reported that Missourians who support abortion access enjoy a slight majority, with 51 percent of voters saying they support access to abortion in all or most cases. Two thirds of those voters chose to support McCaskill.

After several far-right GOP candidates for the House and Senate lost their races last night, one of the clear trends emerging from this election is the widespread rejection of extremely restrictive views on reproductive rights. Even though the official Republican party platform endorses a sweeping ban of abortion without even the narrowest of exceptions, national polls confirm that the majority of the country currently supports legal access for all abortion services, and Americans overwhelmingly favor legal abortion rights for survivors of sexual assault.

Election

Asked Five Times, Tea Party Rep Unable To Name A Single Policy Difference Between House GOP And Mitt Romney

Rep. Frank Guinta (R-NH)

CONWAY, New Hampshire — Pressed to name even one policy difference between House Republicans and a future President Romney, a Tea Party congressman conceded that he couldn’t foresee any.

ThinkProgress spoke with Rep. Frank Guinta (R-NH), who was elected to Congress in the 2010 Tea Party wave, at a debate late last week. We asked five separate times whether there were any policy areas of disagreement, but Guinta couldn’t name a single difference. He ultimately said that he couldn’t foresee any policy disagreements, but offered that “I’m sure there’ll be differences.”

KEYES: Are there any policy differences you see between House GOP and a future President Romney?

GUINTA: Oh sure, a President Romney would bring his own ideas to the table. [...]

KEYES: Are there any major policy differences you can think of though between House GOP and a President Romney?

GUINTA: I think candidate Romney is talking about fueling the economy through predictability, through tax reform, through spending modifications.

KEYES: Is that different than the House GOP?

GUINTA: We’ve done a lot of that. We’ve done a lot of that. And a lot of it we’ve done bipartisanly.

KEYES: But any difference I guess between the House GOP and a President Romney?

GUINTA: I’m sure there’ll be differences. There’s always differences within parties and across parties.

KEYES: But none that you can foresee at the moment?

GUINTA: No.

Listen to it:

Recent polls have shown poor approval numbers for House Republicans over the past few years. An AP poll from August found just 31 percent of respondents approved of Republicans in Congress, compared to 66 percent who disapproved. Just 6 percent said they strongly approved, compared to 36 percent who strongly disapproved.

Justice

New Hampshire Gubernatorial Nominee Defends Voter ID Law But Can’t Name A Single Case Of Voter Fraud

NH-GOV nominee Ovide Lamontagne (R)

ATKINSON, New Hampshire — Though the Republican nominee for governor of New Hampshire supports the state’s new voter ID law, he couldn’t name an actual case of voter fraud that has occurred in the Granite State.

Ovide Lamontagne lauded the state’s voter ID law, which passed in June over Gov. John Lynch’s (D) veto, as “desirable” in an interview with ThinkProgress on Friday. We asked whether there had been instances of in-person voter fraud in the state to justify the new law that could disenfranchise some New Hampshire voters, particularly minorities, college students and poor people.

“It’s anecdotal only, from what I can tell,” Lamontagne said. “As far as I’m concerned even if it’s only theoretical it’s something that’s not too much to ask to raise the confidence level that the right people are voting in an election.”

KEYES: Have there been cases of in-person voter fraud here? Folks showing up and voting, claiming to be someone that they’re not?

LAMONTAGNE: It’s anecdotal only, from what I can tell. There was a project earlier this year that showed that someone could come in and actually claim to be somebody else and there was pretty easy access to the ballot that caused some concerns. Whether or not there’s been provable voter fraud, the fact that the system doesn’t have some sort of check and balance about that basic verification of who someone is opens the door for the possibility of voter fraud and that’s a risk we should never have to assume.

KEYES: So it’s more theoretical than it’s actually happened?

LAMONTAGNE: As far as I’m concerned even if it’s only theoretical it’s something that’s not too much to ask to raise the confidence level that the right people are voting in an election.

Listen to it:

Lamontagne is unable to name a single actual case of voter fraud because it’s exceedingly rare. It’s not just absent in New Hampshire; in nearby Pennsylvania, where the state’s new voter ID law was considered in court earlier this year, the government conceded that it had no proof of any in-person voter fraud existing there either.

The Granite State’s new voter ID law had a soft rollout during the September primary that contained widespread problems. This November, the law will be in partial-effect; residents who don’t have a voter ID at the polls must sign an affidavit swearing their identity. Beginning next year, those who lack voter ID will not be allowed to vote.

Health

New Hampshire Gubernatorial Candidate Touts Obamacare Funds After Campaigning Against It

NH-GOV nominee Ovide Lamontagne (R)

ATKINSON, New Hampshire — Two years ago, Ovide Lamontagne was running for the U.S. Senate and said he “will use every means possible to repeal the trillion dollar Obamacare takeover.” This year, running for governor of New Hampshire, Lamontagne is embracing Obamacare money.

Stumping at a Rotary Club meeting Friday morning, Lamontagne discussed health care and how New Hampshire can “partner with Washington” to improve the state’s system. “Take those dollars under Obamacare but apply them to a free-market private health insurance exchange” in New Hampshire, he told the audience, failing to mention his past opposition to the landmark health law.

LAMONTAGNE: The delivery system really is local and we ought to continue to work on a New Hampshire solution for health care reform, not turning over our health care system to Washington again. I think we have an opportunity to partner with Washington to come up with a New Hampshire solution. Take those dollars under Obamacare but apply them to a free-market private health insurance exchange with more insurance companies competing and with high-risk pooling or high-risk premium support for those individuals who can’t access the private insurance market because coverages are pricing them out of coverage. That’s where resources should be allocated to.

Watch it:

What Lamontagne proposed to do with Obamacare funds is precisely what they’re intended for: to help states set up “a free-market private health insurance exchange with more insurance companies competing.” It is the same law that he vehemently opposed as a Senate candidate in 2010 because it was a “takeover of our country’s health care system.”

Thus far, Republican legislators in the state have been working to impede creating an exchange. Earlier this year, New Hampshire passed a law barring state officials from setting up an exchange without legislative approval. If New Hampshire doesn’t submit a plan for their own exchange prior to January 1, 2013, federal officials will set up one for the state.

Still, even though Lamontagne is now promising to take advantage of Obamacare funds for the Granite State’s benefit, he also promised earlier this year that he would fight the new law as governor. “The very first thing I would do is direct the attorney general to repeal Obamacare or to fight it and stop it every step of the way,” he said. “We need to make sure we don’t have Obamacare.”

Health

Republican Congressman Responds To Meningitis Outbreak: ‘I Don’t Think You Need More’ Regulation

Rep. Frank Guinta (R-NH)

CONWAY, New Hampshire — A New England congressman from nearby the source of the ongoing meningitis outbreak dismissed calls for more regulation on the industry at a debate Thursday.

Freshman Rep. Frank Guinta (R-NH) was asked during a forum in northern New Hampshire whether the meningitis outbreaks demonstrates that the pharmaceutical industry actually needs more regulation to prevent similar problems in the future. “If your question is do you need more regulation, I don’t think you need more,” Guinta said.

MODERATOR: Number two, when you look at the kind of disastrous results that come from the pharmaceutical industry’s compounding organization that created this meningitis problem across America, and those are very unregulated operations, doesn’t America actually need more regulation to protect us from bad actors, as you pointed out?

GUINTA: If your question is do you need more regulation, I don’t think you need more. What you need is the existing regulatory agencies to actually do their jobs properly. We know what the basic rules are, what the basic laws are. They need to be utilized in such a way where the bad actors are identified.

Watch it:

As of publication time, 23 people have died from the outbreak and 14,000 Americans were exposed to tainted steroid injections from a pharmaceutical company in Framingham, Massachusetts, less than 50 miles from Guinta’s district.

Despite the freshman congressman’s opposition, this meningitis episode highlights the need for stronger FDA regulations to prevent a repeat in the future. Because of the particular nature by which the steroid injections were created — a practice called compounding — the FDA lacks authority to oversee the process and ensure safety. Democratic lawmakers are pushing to strengthen the FDA’s oversight capacity, but congressmen like Guinta are signalling that such efforts could be blocked.

Still, Guinta is not entirely alone in his refusal to call for new regulations on the pharmaceutical industry. Earlier this month, Fox News said the outbreak actually demonstrates the need for less government regulation.

Economy

GOP Gov. Nominee Opposes Equal Pay Legislation Because Government Shouldn’t ‘Micromanage The Workplace’

NH-GOV nominee Ovide Lamontagne (R)

ATKINSON, New Hampshire — The Republican nominee for governor in New Hampshire isn’t sure whether or not existing law in his state forbids pay discrimination, but he’s pretty sure it’s none of the government’s business.

ThinkProgress asked Ovide Lamontagne at a campaign stop on Friday about whether a law that said men and women should be given equal pay for equal work would be a proper exercise of government. New Hampshire is currently the worst state in New England and one of the worst in the nation when it comes to the wage gap, with the average woman earning just 65 cents for every dollar earned by a man.

“I don’t know that it’s appropriate for the government to continue to micromanage the workplace,” Lamontagne declared. He went on to say that women should be able to sue if they feel they’re being discriminated against, but professed ignorance on whether New Hampshire law already provides for such a remedy:

KEYES: It seems like one of the overarching themes has been the role of government, especially here in New Hampshire. What about something like a pay equity law, that men and women should be paid equal pay for equal work. Is that something that you think would be appropriate for the role of state government here in New Hampshire?

LAMONTAGNE: I certainly think women should be paid the same as men. Young workers should be paid the same as older workers if they achieve the criteria for salary. But I don’t know that it’s appropriate for the government to continue to micromanage the workplace. But if there’s a legitimate disparity I think there’s remedies that are available, for discrimination in the workplace, and if there aren’t we should have that legal remedy available. If people feel, man or woman, that they’re being discriminated against on a salary compensation, they should be able to assert that claim if that is in fact the case.

KEYES: But the difference between a law and legal recourse? I guess I’m slightly confused about the difference there.

LAMONTAGNE: The law may actually be giving legal recourse. I’m not familiar enough with employment laws right now in New Hampshire to know whether or not there is in fact right now available remedy.

Listen to it:

New Hampshire is currently one of 17 states that requires employers to offer equal pay for “equal work,” but the law is so riddled with loopholes that it’s been rendered effectively meaningless, as evidenced by the state’s massive wage gap. In addition, current law places the burden on workers to prove discrimination, which can be quite difficult to realize in the first place, either because of social taboos or actual laws preventing co-workers from discussing their salaries.

Economy

After Attending Stimulus Funded Ribbon-Cutting Ceremony, Tea Party Rep. Dismisses Stimulus Money

Rep. Frank Guinta (R-NH)

CONWAY, New Hampshire — Less than a year after attending a ribbon-cutting ceremony for a new stimulus funded infrastructure project in New Hampshire, Rep. Frank Guinta (R-NH) derided the Recovery Act, telling constituents at a debate to ask “if that stimulus helped them.”

The freshman congressman attended and spoke at a dedication of a new airport access road in Manchester last November, despite campaigning against the recovery package in his 2010 congressional campaign. Watch the video here.

However, when Guinta was asked at a debate Thursday how he could oppose the stimulus when it saved the country from a repeat of the Great Depression, he was flippant: “Ask our small business owners right here in the Conway area if the stimulus bill has provided more predictability for them or if it has been more challenging for them”:

MODERATOR: Wouldn’t we have been gambling with a great collapse as occurred during the 30s if we had not passed the stimulus bill?

GUINTA: The 30s and this economy are very, very different, number one. [...] For 43 consecutive months, we have had unemployment in this country over 8 percent. Try talking to somebody in the middle class who’s been looking for a job for more than 6 months, who’s struggling to pay their bills, and ask them if that stimulus helped them. Ask our small business owners right here in the Conway area if the stimulus bill has provided more predictability for them or if it has been more challenging for them.

Watch it:

The Conway area alone received more than $2.2 million in the stimulus, with money going to projects ranging from construction and infrastructure to local school districts. New Hampshire as a whole received more than $986 million to fund more than 1,400 projects.

Guinta has a history of stimulus hypocrisy, decrying the recovery package while at the same time attending ribbon-cutting ceremonies. He was even called a “grandstander” by Sen. Kelly Ayotte (R-NH) after he complained as mayor of Manchester that stimulus funds weren’t arriving quickly enough.

Health

Republican Congressman Says Hospitals Should Be Allowed To Turn Away Patients Who Don’t Have Insurance

Rep. Frank Guinta (R-NH)

CONWAY, New Hampshire — Finding bipartisan agreement on any policy is a rarity these days, but lawmakers from both sides of the aisle have supported treating people who show up in the hospital, regardless of their ability to pay. Now, one Tea Party congressman is taking issue with that requirement.

Giving literal meaning to his state’s “Live Free Or Die” motto, Rep. Frank Guinta (R-NH) was asked at a debate Thursday about a hypothetical 25-year-old who needs treatment in the emergency room but doesn’t have health insurance. Guinta’s said he opposed the requirement that hospitals should have to treat people who come in without insurance. “If you are 25 years old and you are choosing not to purchase insurance with the expectation of trying to get it free from the ER at Memorial,” Guinta said, “that shouldn’t be the case”:

MODERATOR: I’m 25 years old. There’s no mandate for me to purchase insurance. The emergency room at Memorial Hospital by law must treat me when I walk in the door, whether I have any money, whether I have any intent to pay or not, I have to be treated. Isn’t it a good Republican principle to say everybody ought to pay for their own medical insurance if we’re going to require hospitals to treat them? [...]

GUINTA: If you guy purchase a good or service, you’re supposed to pay for it. Yes, if you are 25 years old and you are choosing not to purchase insurance with the expectation of trying to get it free from the ER at Memorial, that shouldn’t be the case. But for those people who are in a situation who truly can’t afford health insurance, those are the people that we really want to focus on and figure out how to provide them care.

Watch it (jump at 0:35 due to a brief malfunction with Guinta’s microphone):

The law mandating hospitals that receive Medicare funding to treat emergency room patients dates back to the 1980s, when Ronald Reagan signed the Emergency Medical Treatment and Active Labor Act.

The Affordable Care Act will help reduce the free rider problem Guinta describes by requiring everyone to purchase health insurance and providing subsidies to those who can’t afford it.

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