‘We’re Fighting Back’

Maryland AG Brown offers reassurances to LGBTQIA+ Community.

Maryland Attorney General Anthony Brown

At a fundraising event for Democrat Delegate Kris Fair (District 3, Frederick), Maryland Attorney General Anthony Brown forcefully reassured concerned LGBTQIA+ community members and allies that Maryland is actively pushing back on threats to hard-earned rights from the federal government. The event took place on October 28 at the historic Bentztown Bar and Restaurant in downtown Frederick, Md. Nearly 100 attended including LGBTQIA+ community members, business leaders, members of the Maryland General Assembly as well as city and county officials.

Following opening remarks by State Senator Karen Lewis Young (D-3) and Fair, Brown, assured those in attendance that Maryland has been using all the tools at its disposal to combat executive orders from President Trump and agency actions that attempt to limit the rights of LGBTQIA+ persons.

These actions have been aimed at eliminating programs that address discrimination in federal and federally funded programs, denying transgender youth necessary health care, making schools unsafe for transgender and gender non-conforming students, denying protections for LGBTQIA+ people in the workplace, and other measures.

Brown, a long-time supporter of LGBTQIA+ rights and who has a transgender son, pointed out that Maryland law continues to provide protections from discrimination for persons based on sexual orientation and gender identity, and federal policy can only override state law in limited circumstances. He noted that the Maryland Medical Assistance Program—Maryland’s version of Medicaid—requires gender-affirming care be provided in a non-discriminatory manner.

Brown said the state is fighting back and taking bold steps against threats to the community.  “We are using amicus briefs in pending cases, and we are filing lawsuits—many lawsuits,” said Brown, in an effort to combat the federal actions.

Del. Kris Fair (l.) and Anthony Brown

Acting as a moderator sitting across from Brown on a stage in an informal conversational format, Kris Fair, the event’s host, served up several questions, and audience members added some of their own. Fair, who is seeking re-election to the House of Delegates, is chair of the Maryland Legislative LGBTQ+ Caucus and is one of 10 openly LGBTQ members of the General Assembly.

One question that had particular interest to the audience involved the status of marriage equality as the U.S. Supreme Court on November 7 is poised to decide whether or not to take up the matter of overturning the landmark Obergefell v. Hodges decision of 2015. The questioner wanted to know what would happen if the Court takes the case and rules to overturn it as was done in Roe v. Wade.

Brown emphasized that same-sex marriage is legal in Maryland and will continue to be so. He was uncertain as to whether or not other states will recognize the legal marriages in Maryland and was unsure how federal benefits (such as, joint tax returns, etc.) would be affected.

“I’m hopeful that the Supreme court will leave it alone and not overturn it,” Brown emphasized. He believes that since marriage equality is viewed very favorably by the public, the Court is mindful of that.

“These are deeply unsettling times for queer people across the country and even here in Maryland.” Kris Fair, whom Senator Young referred to as 'a rising star,' told me following the event. “Understanding the threats our community faces and the misinformation being spread is essential. Attorney General Brown and his team have been steadfast since January 20^th, ensuring Marylanders are informed, supported, and protected.”

He added, “It was an honor to stand alongside him as we equipped our community with the most powerful tool we have: a clear plan to organize, take action, and fight back.”

Kris Fair and Anthony Brown

 

It Ain’t Over Till it’s Over!

 

Politics is like sports in so many ways.  We have seen a boxer glide through a match racking up wins each round only to let his guard down and be clocked by his opponent and knocked out in a later round.   #hocopolitics

In baseball recently, the Colorado Rockies were on the way to a three-game sweep of the Los Angeles Dodgers, pummeling the National League West leaders 7-1 and 8-0.  In the third game, the Rockies were up 8-2 going into the 8^th inning.  They thought they had it nailed down.  The Dodgers had different ideas and scored 3 in the 8^th and 5 in the 9^th to pull out an astounding and unexpected 10-8 victory.

Of course, there have been thousands of other examples of come-from-ahead losses in sports as well as politics.  In Maryland, the 2014 gubernatorial race had the Lieutenant Governor, Democrat Anthony Brown, fresh off a decisive primary victory, and in this very blue state, his campaign felt it was a lock.

He took off a month after the June primary, employed a ridiculous campaign strategy, and elevated a little-known Republican who never held an elected office in his life to become a credible candidate.  The upshot was that many Democratic voters stayed home allowing Larry Hogan to win in shocking fashion, which impacted at least one key down ballot race.

The lesson in all this is never assume anything, never take anything for granted, work your butt off, and never let up.  Because as the great philosopher Yogi Berra famously said, “It ain’t over till it’s over.”

Hillary Clinton, please pay attention.  You are giving the real impression, correct or not, that you are coasting and that could be costly—not only in terms of your losing your last shot to make history but by allowing the most unfit, dangerous, bigoted, ill-informed, erratic, insufferable, self-absorbed, unqualified con artist to take the reins of our nation.  So it is not just about you, Secretary Clinton. All of us who love our country have a stake in not allowing this man, Donald Trump, to ever become president.

Ever since the conventions, Trump as stolen most of the news. His campaign is the lead in most broadcasts when they move from weather disasters to politics.  That’s not always a good thing for him because of his numerous unforced errors of which many are cringe-worthy.

Nonetheless, he is giving the impression that he’s trying hard and making some inroads in polls as you have remained in the background.  Any news about you is tied to controversies over “those damn emails” and the Clinton Foundation entanglements with the State Department.

Of course, fundraising is crucial. By staying largely out of sight, however, you’re feeding into the ludicrous, fabricated narrative that you lack stamina and are in poor health.  Don’t let the Trump camp “swift boat” you on that one. 

To right the ship and to prevent an utter disaster, for what it’s worth, I have some suggestions for you and your campaign.

Be visible. You have the lowest favorability rating in your career and fortunately Trump is considered even less trustworthy.  It’s hard to repair such damage but engaging with the voters and presenting a positive rationale for your presidency could help. 

Also, hold a press conference or two.  They are making hay with a countdown of how many days you have gone since the last one.  Why should Trump be the only one to receive free media?

You’re a seasoned pol who has ably withstood tough questions from the press (and investigators).  By avoiding such encounters, it reinforces the trustworthiness problem.  This is an example of how being too cautious could backfire. Surely, if Trump is described as being “presidential” (by his own spinmeisters) just for ambling up to a podium, you can demonstrate your gravitas by taking on the media.   

Debate prep.  I understand that much of your time spent out of camera range has been devoted to preparing for the debates.  It’s a good idea to be ready as these confrontations will undoubtedly be the best chance for either candidate to seal the deal.

I do hope you’re not spending too much of your valuable time on policy. As we know, Trump is weak on all areas of policies and if pushed to deal with them, he will come off as a high schooler who didn’t do his homework.  You will clean his clock on all matters of policy because you are coherent and have deep knowledge in all facets.

However, this is not a policy election; it is a personality election. Many people who say they’re voting for Trump are doing so not because they like him, but they detest you.  The same goes for your supporters including high profile Republicans.  They will vote for you because they don’t want to see Trump as President.  This has more to do with the individuals involved and not so much differences in policy.

The one strategy that you are employing that is extremely effective is to continue to paint Trump as unfit to be commander-in-chief.  During the debates you should work on getting under Trump’s skin.  Senator Elizabeth Warren has been successful in that regard so you should consult with her.

Trapping Trump during the debates and plucking his nerves will play into your strategy.  He will be frustrated, and because he can’t control himself without a script, he will likely implode in front of tens of millions of voters.  You will then have several “there you go again” moments to reinforce his unfitness for office.

I realize your schedule will get busier on Labor Day and beyond and we will see more of you.  The election is too close for comfort to assume you will win.  A lot of things can happen between now and November that can change on a dime.  History has shown that it ain’t over till it’s over.

Therefore, my advice is to assume you are tied and go gangbusters to grab the win.  The country needs you to win. The world needs you to win. 

Good luck.

The OUTIES: the Best (and Worst) of 2014

It’s that time when I once again look through the rear view mirror and award the OUTspoken OUTIES for the past year.  I reviewed the events of this past year in the areas of politics and culture and am presenting an unapologetic, subjective, biased list of winners (and losers) who are deserving of the OUTIES trophy. In no particular order, here are the OUTspoken OUTIES of 2014.

Best Politician: Hands down, it’s Larry Hogan.  The Republican managed to rise from obscurity in a state that is 2 to 1 Democratic and ran a steady race to upset Anthony Brown (see below).  His economic message was focused, and his debates’ searing zingers hit the mark. The Brown strategists’ ineptitude and voter apathy helped.

Worst Politician: Hands down, it’s Anthony Brown.  Having cruised to a primary victory, aided by the Democratic establishment, a solid running mate and outspending his opponent by a 5 to 1margin, Brown went negative too early to lift Hogan’s name recognition giving him a chance at victory and squandered a clear opportunity to be the state’s first African-American governor.

Worst Example of Citizenship: The tens of thousands of voters who sat out the election but undoubtedly will grumble ad nauseam about how bad our elected officials are.

Worst Political Bet: Equality Maryland’s PAC for riding the front runner and endorsing Brown before the primary while alienating Mizeur and Gansler supporters in the process.  With three proven allies for LGBT equality running, EQMD should have remained neutral until the general election.

Most Gratifying Success: The passage of the Fairness for All Marylanders Act (FAMA) resulting in non-discrimination protections for transgender folks without having to deal with referendum drama.  The hyped bathroom scare didn’t work.

More Good Fortune for Trans: Movies, TV shows and a cover story on TIME helped propel more visibility for the transgender community.  Recall how Will & Grace and Real World helped gays to be more accepted.

Worst News for Trans: Two more brutal murders of trans women in Baltimore with little likelihood the cases will be solved.

Doing More With Less: A scaled down Equality Maryland, financially and in staff, managed to be a significant player along with other groups and individuals in getting FAMA enacted.

Best Local LGBT Organization: FreeState Legal Project for providing important pro bono legal assistance to those LGBT folks who can least afford it.

Most Altruistic Organization: Repeat winner Brother Help Thyself, which raises much needed money for non-profit LGBT orgs. Great work and they do it every year!

Most Popular Job: Executive Director at the GLCCB.  Three people have held that (or interim) position during 2014.  Here’s hoping for more stability at the Center.

Least Popular Move: Shifting the Pride block party to the MICA-Mt. Royal-Artscape area from Mount Vernon and eliminating Druid Hill Park met with significant blowback from communities.  The GLCCB is listening.

Best ‘I Got the Message’ Organization: The GLCCB, under fire for a lack of transparency and inclusiveness, has taken a series of concrete steps to help alleviate concerns.  It needs to continue.

Best Eatery to Lunch in Mount Vernon: Tavern on the Hill on Cathedral Street offers up a broad menu, tasty food and friendly service at a reasonable price.

Best Mount Vernon Restaurant for Dinner: The Mount Vernon Stable, an area fixture, provides a nice atmosphere for LGBT folks and serves fine dinners (and brunches and lunches) from a friendly staff.

Sorry to See You Go: The closing of The Quest was a blow to the Highlandtown locals and others who wanted to venture from other LGBT venues.  Its neighborhood feel is hard to duplicate.

Best Gay-Friendly Theater: Basically all local theaters are LGBT-friendly.  But Toby’s of Columbia with its large number of resident gay performers and staff gives it an edge.  Sometimes when visiting it seems like Pride with a buffet.  And the shows are reliably superb.

Best Gay Film: The BBC-produced Pride, which ran at the venerable Charles Theater, was my favorite.  It told a heartwarming story of how blue collar laborers and gays bonded to form a strong and successful alliance during the 1980’s miners’ strike in the U.K.

Best Gay Play: Iron Crow Theatre’s Homo Poe Show wins here. Well directed and acted, Homo Poe Show is a weird play in true Iron Crow tradition that consisted of a series of short pieces in an attempt to present Edgar Allan Poe’s works through a queer lens—forevermore.

Best Gay Musical: Dundalk Community College’s splashy production of one of my all-time favorites La Cage Aux Folles wins.  Given that there were gay main characters, the music and lyrics were penned by a gay composer Jerry Herman and the book written by Harvey Fierstein who is also gay, there is no question it deserves the OUTIES trophy.  Moreover, La Cage gives us the unofficial gay anthem “I Am What I Am.”

Best TV Show with a Gay Character: Move over Modern Family and make room for the Boston-based The McCarthys.  Ronny, the gay character played by Tyler Ritter (who is straight), is a hoot as is the rest of his snarky, loveable, sports-obsessed Irish-American family.

Best Kiss Since Al and Tipper Gore: Michael Sam locking lips with his sculpted abs boyfriend Vito Cammisano on ESPN upon learning that Sam was the first openly gay player to be drafted in the NFL.  Sadly, he failed to make a team—yet.

Seeing Red: The Dems and the Election Bloodbath

Typically, the color red signals danger, such as a red light at an intersection or a red flag.  In other cases, red has a negative connotation like in red-handed, red tape, redneck, red herring and an undesirable ink color on a balance sheet.

To Democrats, by the time midnight rolled around on Election Night, the nation in general and Maryland in particular had been soaked by a splash of red as if a bucket of pigs’ blood was emptied from above like in the horror film Carrie.

 Republicans, who are associated with the color red as in red states, counties, etc., pulled off a stunning string of victories from the U.S. Senate to council offices down the ballot that painted the map a sea of red.

This phenomenon is not unusual as the party not occupying the White House in the sixth year of a second term of a presidency historically makes gains—sometimes substantial and transformative as one we just experienced.  It was expected that the prevailing mood of national discontent with President Obama for reasons still beyond my comprehension would result in a changing of the guard in the Senate and an increase in the ever-growing conservative gerrymandered district-rigging of the House of Representatives.  #hocopolitics

Democratic candidates treated Obama like he was kryptonite with some even blaming him for the Ebola outbreak that consisted of one death here.  That the nation’s voters would ignore the fact that unemployment is down to 5.8 percent and the 214,000 added jobs in October means that employers have added at least 200,000 jobs for nine straight months, the longest such stretch since 1995 is pathetic.  

The stock market has reached new heights.  Gasoline is at relatively low levels. Obamacare, so reviled by those who didn’t have a clue what was inside the law, now allows uninsured citizens access to health care.  Oh, and Bin Laden is dead and GM is alive (even if some of their drivers aren’t).  Nonetheless, the Dems ran away from all that—a sure-fire losing strategy.

Yet, Democratic voters and candidates also seem to have forgotten how the Republican Party with the lowest approval ratings on record, shut down the government, nearly allowed the U.S. to default on its obligations, and stifled reform on immigration, sensible gun control and any job package the President sent up the Hill. 

It makes me see red. 

Not that the results would have been much different but Democratic candidates virtually conceded the election to the GOP by distancing themselves from Obama.  It wasn’t just a surge of anti-Obama folks that descended on the polls that shaped the outcome; reliable Dem voters stayed home.  That’s how you lose if you’re a Democrat.

In Maryland it was a similar playbook for the Republicans: tap the electorate’s perceived discontent and hope that the Democrats field less than stellar candidates so Dem voters, too, would pass on this off-year election.  That formula worked in the Governor’s race.

Lt. Governor Anthony Brown, the heir apparent to Governor Martin O’Malley, skated through the primary to defeat two other LGBT equality advocates, former delegate Heather Mizeur a lesbian, and Attorney General Douglas Gansler.  The LGBT community was divided among them but Mizeur garnered the most enthusiasm.  Dissension spiked when the Equality Maryland PAC made a curious and controversial endorsement of Brown so early in the process.

It wasn’t just a surge of anti-Obama folks that descended on the polls that shaped the outcome; reliable Dem voters stayed home.

Brown avoided specifics during the primaries—a deficiency that would later haunt him in the general election—and squashed his two rivals by depending on the formidable O’Malley “machine” that attracted huge amounts of cash, paid worker bees, numerous volunteers, union support  and a host of other endorsements.  Don’t knock that machine, however; we wouldn’t have achieved marriage equality without it being cranked up at the right time when the Question 6 campaign was floundering in the early stages.

In the Brown vs. Hogan match-up, Brown failed to present any kind of vision for the future and instead trusted his “campaign strategists” by attacking Hogan as a bogeyman thus raising the profile of the relatively unknown former appointments secretary in the single-term Ehrlich administration.

Larry Hogan was far more effective in face-to-face debates, staying on message about the multitude of tax hikes under the O’Malley administration and the disastrous rollout of the state’s new health care exchange of which Brown had been assigned the lead.  Armed with witty quips and zingers, Hogan scored big during these contests and Brown’s failure to defend the administration or Maryland’s economic posture for that matter helped seal the deal.

Though Republican voters in the state sniffed a huge upset, the ultimate outcome was not decided by them but the tens of thousands of eligible Democrat voters who rode this one out.  Call it voter self-suppression.  Baltimore City, an anticipated boon to the Brown election map, had a 35 percent turnout.  Ouch.

Fortunately, marriage equality and transgender protections were achieved in Maryland before this election.  Hogan, although he promised not to try to turn back these settled issues, probably would not have signed a same-sex marriage bill into law, let alone fight for it like O’Malley did.  He said he has since “evolved” on marriage equality (sound familiar?) but stated he opposed the transgender non-discrimination bill—the Fairness for All Marylanders Act.

Nationally, the more conservative entrenched Congress will not act on finally passing the Employment Nondiscrimination Act or ENDA, which has been languishing in Congress for decades.  As has been the experience in the past, the GOP will probably misinterpret the election results as a mandate, and will hamper their being a national party when its leadership will revert to appealing to their shrinking base of white, male, older, rural, Protestant and heterosexual Americans, believing there is no need to reach out to LGBT folks.

The next two years will be seen as a pause in our struggle for progress on many levels.  If we can wait it out, perhaps all that the red will turn into a rainbow.

Equality Maryland's Endorsement Gamble

‘Twas two nights before Christmas,

When all through the state
Not a person was stirring,
Be it LGBT or straight.

Then Equality Maryland said
That its PAC made some choices,
From governor to delegates,
That led to raised voices.

Many were surprised

That their top pick was Brown,
Bringing Gansler and Mizeur folks
A Christmastime frown.

Choosing the front runner

Is easy to handle,
But is dividing the community
Worth such a gamble?

 

The Equality Maryland Political Action Committee raised some eyebrows with the first round of endorsements for 37 races in Maryland’s 2014 primary elections to take place in June.   Their revelation that the PAC chose the Brown-Ulman ticket caused pre-Christmas stirring from Takoma Park to Baltimore and all around the state, garnering much media attention. 

The announcement, which occurred just days before a scheduled January 4 fundraiser for the Brown-Ulman ticket at the City Café in Baltimore which Carrie Evans, executive director of Equality Maryland is among the hosts, elicited swift and sharp reaction on social media. 

Not to be overlooked by the gubernatorial choice is the mystifying fact that none of the lesbians in the House of Delegates were endorsed in this round.  They include Maggie McIntosh who finished in second place as the Baltimore Sun’s Marylander of the Year in 2012, Mary Washington, Bonnie Cullison and Anne Kaiser.

“Equality Maryland just lost their last shred of credibility,” commented a transgender rights advocate from Baltimore kicking off a spirited discussion on Facebook.

But at the moment, the endorsement for governor is creating the most buzz.   Although Attorney General Doug Gansler has a strong LGBT following given his record on marriage equality—a core factor in the PAC’s evaluation that consisted of questionnaires and interviews—many support Del. Heather Mizeur’s quest to be the first woman and openly gay person to be governor of Maryland. Others see Lt. Governor Anthony Brown as the only viable candidate who could defeat a Republican in November.

“We’ve made great progress over the past seven years, achieving marriage equality and strengthening domestic violence services for LGBT residents, while working to ban discrimination based on gender identity,” Brown said in a statement.

For her part, Mizeur characterized the choice as “puzzling.” She said, “No one in this race has done more for the LGBT community than the Mizeur-Coates ticket. I’m not sure what more we could have done to earn their support.”

Bob Wheelock, a spokesman for Gansler wrote in an email, “We are confident that Doug’s record on fighting for and protecting the rights and safety of the LGBT residents of Maryland will factor into the voters’ decision in the Democratic primary and on Election Day.”

“I suppose any candidate that doesn’t get an endorsement feels snubbed,” said Evans. “Equality Maryland is confident the Brown/Ulman administration will provide the leadership Equality Maryland needs in our next governor and has the relationships we need to move LGBT issues forward in our state.”

All three Democratic candidates and their running mates have solid records on LGBT issues, and to say one is better than the others is questionable.  Gansler was the first statewide official to endorse marriage equality in 2008 and had been an unwavering supporter.  His opinion in 2010 as Attorney General that Maryland can recognize the lawful same-sex marriages from other states helped pave the way for the ultimate victory in 2012.

Heather Mizeur, a lesbian with a wife, has also been a vigorous proponent of marriage equality.  I testified along with her at a House committee hearing for a bill that was aimed at pre-empting Gansler’s eventual opinion.  Mizeur’s testimony was sincere, persuasive and effective, and one could see great potential for her.

While I had met Anthony Brown, I never had the opportunity to speak with him on LGBT issues.  Nonetheless, a very credible source told me that Brown was an early supporter of marriage equality—even before Governor O’Malley—but worked behind the scenes especially in Prince George’s County to help make it happen.  In addition, Brown had been a vocal advocate for the repeal of the “Don’t Ask, Don’t Tell” policy and appeared on national television in that regard.

With all three candidates possessing strong credentials and leadership, Equality Maryland chose to ride the perceived front runner.  Brown has racked up most of the endorsements so far, has a formidable war chest and the backing of the Democratic establishment.  Early polls indicate Brown with a robust lead over the other candidates.

By backing Brown, should he prevail, Equality Maryland could stand to receive at a minimum access to the O’Malley-Brown mammoth donor list to help finance the organization as it evolves to a post-marriage equality mission that will entail a broader scope.

However, the primary is six months away and much can happen in that timeframe.  Brown’s success (or failure) will undoubtedly be linked to O’Malley’s popularity, which is often volatile.  Moreover, should he win the nomination, the actual election is by no means a lock (see above re: O’Malley).

It is indeed a gamble for Equality Maryland, but is it a good one?  The front running horse may have the probability of a win but it also yields the smallest payoff.  Preferring one candidate now over two with strong LGBT pedigree, Equality Maryland stands to alienate a significant number of Gansler and Mizeur supporters—many of whom live in cash-rich Montgomery County and have been a major source of contributions to the organization over the years.

Equality Maryland should have taken a safer course and remained neutral through the primary and not risk dividing the LGBT community. It would also be better served if it channeled its energy and whatever resources it possesses towards finding and funding candidates to defeat anti-LGBT Democratic legislators.  Sen. Anthony Muse who has blocked progress for LGBT folks comes to mind.

Equality Maryland’s PAC rolled the dice with Anthony Brown and will reap the benefits of this action or pay a steep price.  Time will tell.  But like all gambling activities, it’s always about money.