Assemblyman Low returns as LGBTQ caucus chair

California was experiencing one of its boom cycles the first time gay Assemblyman Evan Low (D-Campbell) served as chair of the Legislative LGBTQ Caucus during the 2017-2018 session. So flush was the state's coffers there was $1.8 billion set aside for the state's rainy day fund in the budget lawmakers agreed to in the summer of 2017.

Fast forward to the 2021-22 legislative session where Low for a second time will lead the affinity group for out state legislators amid a global health pandemic that has wrecked the coffers of cities across the Golden State. While the state itself is estimated to see a onetime windfall of $26 billion in next year's budget, California is projected to have a $17 billion deficit by the 2024-25 budget cycle.

It will likely mean few funding requests for services and programs directed at the state's estimated 1,859,000 LGBTQ residents will be approved. Thus, the eight-member LGBTQ caucus will have to be judicious in what it prioritizes in its budget request next year, noted Low in a recent interview with the Bay Area Reporter about what his priorities will be as its chair.

"There is never enough resources and never enough capacity or time," noted Low. "We don't want to be somber but we also need to be realistic given our budget constraints on what we can and cannot do."

It remains to be seen what constraints on their bill packages lawmakers will face when they return to the Statehouse January 11 because of the COVID-19 pandemic. Even in good times it has been difficult for more than one or two LGBTQ bills with large costs attached to them to make it out of the Legislature's appropriations process.

This year saw a $15 million fund to pay for transgender wellness programs make it to the desk of Governor Gavin Newsom only after its sponsor agreed to strip out its funding requirement in the hopes of seeing the money be allocated in the future. Similarly, efforts were dropped to fund a bill passed last year without any money attached to it that called for online-based teacher training on LGBTQ issues.

The legislative strategy "is intentional," said Low, as it provides leverage for the LGBTQ caucus and community advocates in requesting funds going forward.

"We create the mechanism for where we want to go," explained Low. "At the same time we are being realistic about the budget constraints due to COVID. Now that we have a mandate for our government, we want to make sure it is specifically funded."

Low, 37, told the B.A.R. he has already been in talks with Assemblyman Phil Ting (D-San Francisco), chair of the Assembly Appropriations Committee, about what LGBTQ programs and services can be funded next year.

"Phil is committed to looking at what we can do," said Low.

2021 plans

In terms of new LGBTQ-focused legislation the caucus plans to prioritize in 2021, Low told the B.A.R. that the various bills are still being discussed among the eight out lawmakers in collaboration with community leaders and their straight colleagues who want to author certain bills. Legislation that had been pulled or put on hold this year for various reasons likely to come back include restricting the kinds of medical procedures done on intersex youth, requiring state colleges and universities not to deadname transgender graduates on their diplomas and transcripts, and making it easier for transgender parents to update birth records.

"We are still in that mode of planning for the legislative year and figuring out next year's components," said Low.

It is uncertain if Low will again pursue banning conversion therapy for adults, as California already prevents the anti-LGBTQ practice to be used on minors. He had pulled such a bill in 2018 in the face of intense opposition from religious leaders in order to work on gaining their support.

He did get a resolution condemning adult conversion therapy passed but it had no impact on the practice of it in the state. Legislation may not be necessary, Low pointed out, should the incoming administration of President-elect Joe Biden move to ban the homophobic practice nationwide.

"We are keeping our options open and doing that assessment," said Low.

The LGBTQ caucus is expected to forcefully support a request from gay state Senator Scott Wiener (D-San Francisco) that the Joint Legislative Audit Committee examine how state health officials are collecting not only sexual orientation but also gender identity demographic data. Since 2018, a number of California departments and agencies focused on health care and social services were to be collecting SOGI data after lawmakers enacted several pieces of legislation requiring that they do so.

But it became apparent that the SOGI collection was not being conducted as expected when the COVID-19 outbreak began in March and there was no data on how many LGBTQ Californians were testing positive for the coronavirus. Nine months later and the state health department is only reporting limited data on its website about the impact the health crisis is having in the state's LGBTQ communities.

"I am in full support and we need to explore all further opportunities not just on the legislative side but on oversight," said Low when asked about the audit request. "How did we get here and why is there a need for this legislation in the first place? What fell through the cracks and what do we need to do to address that?"

It will not be until sometime well into 2021 that such an audit could be conducted. Taking up the request will be newly seated gay state Senator John Laird (D-Santa Cruz), the vice chair of the committee that oversees audits.

"Therein lies the importance of the caucus and caucus membership," noted Low. "We have to advocate for our own community and hold the administration and departments accountable to our community. We need to be sounding this alarm. So many moving pieces are occurring, it is important we articulate why this is important."

The longevity of the LGBTQ caucus is also a top priority for Low, who told the B.A.R. he is already looking at how to recruit candidates to run for state Assembly and Senate seats that will be on the ballot in 2022.

"We are going to be looking at many places outside the norm of major urban areas like the Bay Area, Los Angeles, or San Diego," said Low in terms of the candidate recruitment efforts, pointing out that "it is just a matter of time" to see an out state legislator get elected in the Coachella Valley, which includes the Palm Springs area where the LGBTQ community continues to increase and the electorate grows more Democratic.

Contributing to the caucus's future expansion will be how the 2020 census count impacts the redistricting process. Low said how the boundaries for state and federal offices will be drawn is going to be a key concern of his as caucus chair.

"It is important for us to prioritize as we head into next year," Low said.