CA and MD Openly LGBT Caucuses Reach Seven Each

Congressman-elect David Cicilline (RI-01)

Last night was a big night for openly LGBT candidates, with the most ever being elected nationwide, including a fourth openly gay member of Congress in David Cicilline, the openly gay mayor of Providence, Rhode Island who was elected to represent the 1st Congressional District.

There are now five African Amererican LGBT state representatives around the country: Simone Bell (GA), Mary Washington (MD), Marcus Brandon (NC), Jason Bartlett (CT) and Gordon Fox (RI). Two states have the largest LGBT legislative contingents ever: seven in both Maryland and California.

Maryland: Senator Rich Madaleno (D-18) and Delegates Maggie McIntosh (D-43), Heather Mizeur (D-20), and Anne Kaiser (D-14), Bonnie Cullison (D-19), Mary Washington (D-43), and Luke Clippinger (D-46)

California: Senators Mark Leno (SD-3) and Christine Kehoe (SD-39), Assemblymembers John Perez (AD-46), Ricardo Lara (AD-50), Tom Ammiano (AD-13), Toni Atkins (AD-76) and Rich Gordon (AD-21)

So, it's not all bad news out there.

Hat/tip to Denis Dison of the Victory Fund.

CA LGBT Legislative Caucus Increasing to ≥ 7

Back in May 2008 I predicted that the next California LGBT legislative caucus (January 2009) would have five members. I was correct on the numbers (5), but not on the names (Assemblymembers Perez, Ammiano, Senators Kehoe, Leno and Ashburn). And the last of these was not out until a scandal this year.

The LGBT legislative caucus of the 2011-2013 session should have at least 7 openly LGBT members, 5 in the Assembly and 2 in the Senate.

June 2010   (FIVE)         January 2011 (SEVEN)
ASSEMBLY                     
Tom Ammiano (AD-13)        Tom Ammiano (AD-13)
John Perez (AD-46)         John Perez (AD-46)                                    

                           Ricardo Lara (AD-50)                                    

                           Toni Atkins (AD-76)                                    

                           Richard Gordon (AD-21)

SENATE
Christine Kehoe (SD-39)    Christine Kehoe (SD-39)
Mark Leno (SD-3)           Mark Leno (SD-3)
Roy Ashburn (SD-18)

Ashburn is not running for re-election, but makes history as the first openly gay Republican member of the California Legislature (who was out wile still serving).

Additionally, there is a good chance that former Assembyman John Laird may re-join the caucus as its 8th member if he wins a special election in the 15th Senate District in August.

2-Time Oscar Winner Sean Penn Supports Harvey Milk Day

TowleRoad has posted pictures of the press conference to promote legislation to create a holiday remembering openly gay politician Harvey Milk held yesterday in San Francisco attended by 2-time Oscar winner Sean Penn and SB 572's sponsor, State Senator Mark Leno and Assemblymember Tom Ammiano, as well as several other local openly gay politicians.

Equality California is another co-sponsor of the legislation, which passed the state legislature last year, only to be vetoed by Republican Governor Arnold Schwarzenegger in the midst of last year's budget showdown with the Democrats. Yesterday, EQCA started airing a not very-well reviewed 30-second ad which includes images of Harvey Milk. Sean Penn won his second Best Actor Oscar for his stunning portrayal of the assassinated gay politician a less than two weeks ago. When MadProfessah was up in Sacramento the week before lobbying on legislative resolutions to declare Proposition 8 unconstitutional revisions (which both houses of the California Legislature passed on Tuesday), Senator Leno told me that he thinks his bill has a better chance this year, "Because one thing the Governor understands is box office!"

Fellow Southern California blogger and frequent MadProfessah commenter Wonder Man has an interesting post up about other openly gay or lesbian people who could be the subject of fascinating movies: Bayard Rustin, Sylvester, Audre Lorde and Radclyffe Hall are some of his suggestions.

CA Joint Legislative Resolution Opposing Prop 8 Introduced

On the second day of the new California legislative term two openly gay lawmakers (State Senator Mark Leno and Assemblymember Tom Ammiano) have introduced resolutions in their respective legislative chambers opposing the enactment of Proposition 8:

Both resolutions are sponsored by Equality California and were drafted by EQCA and the National Center for Lesbian Rights, plaintiff and lead counsel, respectively, in the marriage case brought before the California Supreme Court.

Leno’s Senate Resolution 7 and Ammiano’s Assembly Resolution (number to be assigned) specify that significant revisions to the Constitution mandate distinct procedures and require a two-thirds vote of each house of the Legislature before going to voters. The resolutions are co-authored by Sen. Christine Kehoe and Assemblymember John A. Perez, both members of the LGBT Legislative Caucus, and Senate Pro Tem Speaker Darrell Steinberg.

[...]

“Proposition 8’s revision to the California Constitution violates key structural checks and balances built into our legal system,” said Sen. Leno. “Overnight, the constitutional protections of thousands of tax paying, law abiding California citizens were stripped from them by a simple majority vote, without a prior two-thirds vote by both houses of the legislature, thereby trampling on their fundamental right to equal protection.”

"Any major revision to the state Constitution should not be allowed to circumvent the legal system,” said Assemblymember Ammiano. “The fact is, Proposition 8 was improperly instituted through the ballot process without legislative involvement. I am proud to author this crucial resolution urging the courts to right the social travesty of Proposition 8 and ensure any similar future measures are approached in an appropriate and legal manner."

If it stands, Prop 8 would be the only California initiative to successfully change the California Constitution to take away a right from a targeted minority group.

Here is the text of the resolution:

WHEREAS, Article XVIII of the California Constitution mandates
distinct procedures for revision and amendment of the California
Constitution; and
WHEREAS, Article XVIII provides that, while a proposed amendment
to the California Constitution can be accomplished through the
initiative process, a proposed revision of the California
Constitution must originate in the Legislature and must be approved
by a two-thirds vote of each house of the Legislature before being
submitted to the electors; and
WHEREAS, The California Supreme Court, in Livermore v. Waite
(1894) 102 Cal. 113 and subsequent decisions, has held that a
revision is a substantial change to the "underlying principles" of
the California Constitution or to the structure of our "basic
governmental plan"; and
WHEREAS, Subdivision (a) of Section 8 of Article II of the
California Constitution defines the initiative power as the ability
to propose and pass statutory laws and constitutional amendments, but
not constitutional revisions; and
WHEREAS, Article III of the California Constitution establishes a
separation of powers between the legislative, executive, and judicial
branches of California's government; and
WHEREAS, Under the separation of powers doctrine established by
Article III of the California Constitution, the courts have the
ultimate authority to interpret and enforce the principle of equal
protection, particularly where government discrimination on a suspect
basis or the selective denial of a fundamental right on a suspect
basis is at issue; and
WHEREAS, The distinct procedures mandated for revision and
amendment of the California Constitution, and the crucial
deliberative role of the Legislature in any proposed revision of our
Constitution, constitute key structural checks in the system of
checks and balances mandated by Article III of the California
Constitution; and
WHEREAS, The distinction between revision and amendment, and the
distinct procedures assigned to each, in Article XVIII of the
California Constitution, as well as the separation of powers mandated
by Article III, are entitled to the highest respect as the
expression of the people's will; and
WHEREAS, The principle of equal protection, which prohibits
unequal government treatment of historically targeted minority groups
and ensures that laws enacted by a majority must apply equally to
all people, is a foundational principle underlying our Constitution
and our democratic system of government; and
WHEREAS, The requirement of equal protection of the laws plays an
essential structural role in our basic governmental plan by providing
a necessary check on the exercise of majority power and, in
particular, by prohibiting the enactment of measures that facially
single out a historically targeted minority group for adverse
treatment and selective exclusion from an important right; and
WHEREAS, The Legislature is specially suited to examine and debate
significant changes to the principles and structure that underlie
the California Constitution, and is structured for precisely such a
task; and
WHEREAS, Proposition 8, which was titled "Eliminates the right of
same-sex couples to marry," was put forward as an initiative measure
and enacted by the electors by a bare majority of the vote in the
November 4, 2008, general election; and
WHEREAS, Proposition 8 purports to amend the California
Constitution to eliminate a fundamental right only for a particular
minority group on the basis of a suspect classification, while
permitting the majority to retain that fundamental right; and
WHEREAS, Proposition 8 would severely undermine the foundational
principle of equal protection by establishing that any disfavored
minority can be targeted to have its fundamental rights stripped away
by a simple majority vote; and
WHEREAS, Proposition 8 would substantially alter our basic
governmental plan by eliminating equal protection as a structural
check on the exercise of majority power and by permitting majorities
to force groups defined by suspect classifications to fight to
protect their fundamental rights under the California Constitution at
every election; and
WHEREAS, Proposition 8 would violate the separation of powers
doctrine by stripping the courts of their core, constitutionally
mandated function and traditional authority to enforce equal
protection to prevent government discrimination against minority
groups and the selective denial of fundamental rights on suspect
bases; and
WHEREAS, Proposition 8 would also violate the separation of powers
doctrine by intruding on the vital role of the Legislature in
vetting revisions to the California Constitution and by sidestepping
the constitutionally required rigors of the legislative process; now,
therefore, be it
Resolved by the Senate of the State of California, That the Senate
opposes Proposition 8 because it is an improper revision, not an
amendment, of the California Constitution and was not enacted
according to the procedures required by Article XVIII of the
California Constitution; and be it further
Resolved, that the Secretary of the Senate transmit copies of this
resolution to the author for appropriate distribution

Gay Men On List Of New CA Legislators To Watch

There are twenty five newly elected members of the California Assembly that is being sworn in this week. MadProfessah fave John Perez is on the Sacramento Bee's list of five new members to watch.

AD 13 – Tom Ammiano, D-San Francisco
San Francisco supervisor. Replaces Mark Leno, D-San Francisco
District: Part of San Francisco County
Main city: San Francisco

Tom Ammiano has been a fixture in San Francisco politics, serving on the Board of Supervisors since 1994, including a stint as president.
An unabashed liberal in an unabashedly liberal city, Ammiano faced only token Republican opposition in November.
Ammiano, who worked on San Francisco's universal health care law, said health care reform would be among his top priorities in Sacramento. A local priority, he said, is installing a suicide barrier on the Golden Gate Bridge.
Politically, he is best known for the surprising strength of his write-in campaign for mayor when he challenged incumbent Mayor Willie Brown in 1999.
Ammiano could bring a lighter side to Assembly floor debates. A stand-up comedian since 1980, his nickname – which he proudly touts on his Web site – is "The Mother of Gay Comedy."

AD 27 – Bill Monning, D-Carmel
Professor, Monterey Institute of International Studies and Monterey College of Law. Replaces John Laird, D-Santa Cruz
District: Parts of Monterey, Santa Clara and Santa Cruz counties
Main cities: Carmel by the Sea, Monterey, Morgan Hill, Santa Cruz

It only took Bill Monning 14 years to win this seat. He first ran in 1994. He was more successful this time around, besting Emily Reilly, a Santa Cruz City Council member, and Barbara Sprenger, a former trustee of the San Lorenzo Valley School Board.
Monning comes to Sacramento – no kidding – as an expert in conflict mediation. It's a skill he fully expects to put to use.
"Coming in to Sacramento with a good idea gets you nowhere. You need to build consensus and coalitions, and that's where I believe I'm road-tested," he told the Santa Cruz Sentinel during the primary.
As a student at UC Berkeley during the 1960s, he went on to work as a lawyer for the United Farm Workers.

AD 75 – Nathan Fletcher, R-San Diego
Businessman, Iraq veteran. Replaces George Plescia, R-La Jolla
District: Part of San Diego County
Main cities: Escondido, La Jolla, Poway, San Diego

It takes a certain something to appear in your first political TV ad in skin-tight biker shorts.
But that is exactly what Nathan Fletcher did. An avid triathlete and decorated former Marine who served in Iraq and Africa, Fletcher has a sterling résumé for a young GOP officeholder.
He can also bend the ear of his wife – Mindy Tucker Fletcher, a former deputy chief of staff to Gov. Arnold Schwarzenegger – any time he's looking for political advice. Mindy Fletcher also served on President Bush's two presidential campaigns.
The assemblyman-elect has signed a no-new-taxes pledge.
"We need to create a true spending cap and rainy day fund to ensure budget stability and the full and recurring funding of our most vital services and programs," Fletcher says on his campaign site.

AD 46 – John Pérez, D-Los Angeles
Former member, Los Angeles Community Redevelopment Agency. Replaces Fabian Núñez, D-Los Angeles
District: Part of Los Angeles County
Main cities: Huntington Park, Los Angeles

John Pérez looked to be locked in a tough, three-way slugfest for the Assembly.
Then something happened. The other two candidates dropped out.
That cleared the field for Pérez, who is a cousin of Los Angeles Mayor Antonio Villaraigosa.
Some say the fix was in – especially after one of those would-have-been challengers was named to a plum post on the Los Angeles planning commission by Villaraigosa.
Pérez, a former member of the Los Angeles Community Redevelopment Agency, will join a new, smaller lesbian, gay, bisexual and transgender caucus when he arrives in Sacramento.
He also has ties to labor, as a political director for the United Food and Commercial Workers.
And though he is just arriving in the Capitol, he's already been the subject of his fair share of speakership buzz.

AD 34 – Connie Conway, R-Tulare
Tulare County supervisor. Replaces Bill Maze, R-Visalia
District: Inyo County, parts of Kern, San Bernardino and Tulare counties
Main cities: Barstow, Bishop, Porterville, Twentynine Palms, Visalia, Tulare, Needles

Connie Conway is one of the few freshman members to arrive with a previous relationship with Gov. Arnold Schwarzenegger.
She served as the president of the California State Association of Counties in 2006, and Schwarzenegger appointed her as chair of the California Partnership for the San Joaquin Valley.
A Tulare County supervisor like her father before her, Conway bested the wife of Assemblyman Bill Maze in the primary, as well as Bob Smith, a retired sheriff's deputy.
Her old colleagues in Tulare wish her luck in Sacramento: "Unfortunately, you're going to be going from the frying pan and into the bonfire," Supervisor Steve Worthley said at her departure.
Her top priority: "Cutting taxes and balancing the state's budget by ending wasteful spending."

Interesting that two of the five are openly gay men! They are only the third and fourth openly gay men EVER to be elected to the State Assembly. (John Laird and Mark Leno were the first). Interestingly, the new California LGBT Legislative Caucus is now consisting of 3 openly gay men (Pérez, Ammiano and State Senator Mark Leno) plus State Senator Christine Kehoe.

NO ON PROP 8 Gets $1m Donation from Gay Mormon

Joe.My.God has the scoop on openly gay Wordperfect co-founder Bruce Bastian's one million dollar donation to the No on Proposition 8 campaign announced at HRC's San Francisco gala (boycotted by Los Angeles mayor Antonio Villaraigosa, State Senator-elect Mark Leno, State Senator Carole Migden and Assemblymember-elect Tom Ammiano) this past weekend.

The Bay Area Reporter has some useful details:

Bastian, a member of the Human Rights Campaign Board of Directors, announced his gift at the group's annual gala fundraiser in San Francisco Saturday, July 26. It is the largest personal contribution toward the campaign against Prop 8 to date, according to HRC officials.

Although Bastian is single, does not live in the state, and does not have any close gay friends who are Californians planning to marry, he said he sees the marriage fight in the state as a "battle line." And with the Mormon Church already raising funds to pass Prop 8, Bastian said it was imperative that he become involved in the fight.

"As a Mormon I know it costs a lot of money to preach. The Mormons will raise a lot of money in support of Prop 8 in November," said Bastian, who divorced his wife in 1994 and is the father of four sons. "It upsets me deeply. I want to tell the Mormon Church to stay out of my business."

[...]

A graduate of Brigham Young University, Bastian excelled at computer programming and co-founded the WordPerfect Software Company with Alan Ashton in 1978. Forbes magazine estimated his wealth to be $1.1 billion at one time, and Bastian has funneled his money to gay causes and numerous arts groups in Utah.

CA Openly Gay Candidates Win Primaries

Openly gay Assemblymember Mark Leno easily won the hotly contested Democratic primary in State Senate District 3 last night with 43% of the vote, while openly lesbian incumbent Carole Migden placed 3rd with 27.7% behind Joe Nation at 29.3%.

Openly gay John "Tony's Cousin" Perez won his primary in the State Assembly District 46 race with more than 54% of the vote.

San Francisco Supervisor Tom Ammiano won his uncontested primary to replace Mark Leno in the California Assembly in District 13.

Sadly, Greg Pettis and Chris Cabaldon lost their primaries by just over 1000 votes each, in Assembly District 80 (Palm Springs) and Assembly Distrist 8 (West Sacramento), respectively.

So, as Mad Professah predicted many weeks ago the new LGBT Legislative Caucus in 2009 will be: State Senators Christine Kehoe and Mark Leno, and Assemblymembers John A. Perez and Tom Ammiano, a reduction to 4 members from last session's 5 and down from a high of 6 in 2005.

In the last three years term limits have forced John Laird, Sheila Kuehl and Jackie Goldberg out of the Legislature.

Mad Professah had endorsed Perez and Leno in their contested primaries.

The Next LGBT Legislative Caucus of California

Although there have been reports that the California LGBT Legislative Caucus is in danger of extinction the truth is that in January 2009 it is very likely that it will be as large as ever.
The only current member who is not termed out are State Senators Christine Kehoe and Carole Migden. However, Migden is facing a primary fight which she is very likely to lose.

January 2007                       January 2009
Assembly                          
Mark Leno (AD-13)                  Tom Ammiano (AD-13)
John Laird (AD-27)                 John Perez (AD-46)
                                   Chris Cabaldon (AD-8)
State Senate
Christine Kehoe (SD-39)            Christine Kehoe (SD-39)
Carole Migden (SD-3)               Mark Leno (SD-3)
Sheila Kuehl (SD-23)

In addition, there's the possibility that Laurette Healey may win her primary to replace
Assemblymember Lloyd Levine in the 40th Assembly District and it's possible that Greg Pettis will win his primary in the 80th district (but it's unlikely he will win the general election in this Republican-leaning district).