Equality California, the statewide LGBTQ rights organization, is taking stock of what went well and what went poorly during the 2024 election cycle. Meanwhile, EQCA was one of 19 organizations that signed on to a letter to California Governor Gavin Newsom and legislative leaders about safeguarding LGBTQ+ rights in the Golden State under the second presidential term of Donald Trump, which starts next month.
The Bay Area Reporter caught up with EQCA Executive Director Tony Hoang, a gay man, after the organization's virtual town hall, the "State of Equality," was held Friday, December 6. (EQCA did not allow the B.A.R. to quote speakers and attendees from the hourlong event and offered the post-event phone interview with Hoang instead.)
Asked about the good and the bad during the election, Hoang said, "I think obviously we're very disappointed in terms of the presidential race and the outcome of that, but there were a number of bright spots. Obviously the biggest one was Prop 3, righting the wrong of Prop 8 and enshrining marriage equality for our community."
Proposition 3 struck language banning same-sex marriage from the state constitution and passed overwhelmingly. Prior to Election Day, the California Constitution stated, "Only marriage between a man and a woman is valid or recognized in California" — a remnant of the anti-same-sex-marriage-equality Prop 8 passed by voters in 2008. The passage of Prop 3 removes this outdated language and replaces it with a provision that establishes the right to marry as a fundamental right.
Voters approved the constitutional amendment, which the Legislature voted last year to put on last month's ballot, by 62.6% of the vote, according to the secretary of state's office.
LGBTQ advocates had decided to add Prop 3 to the November 5 ballot in case a conservative Supreme Court overturns the right to same-sex marriage, as it did with the right to an abortion two years ago. Prop 3 also protects the right to interracial marriage.
Hoang said that he thinks LGBTQ advocates should be "pushing back against the narrative that everything shifted to the right — nearly 30 points shifted on marriage equality in a relatively short amount of time," he said, referring to public sentiment in support of same-sex marriage.
Hoang said that another bright spot was "growing the record number of LGBTQ representation in the Legislature." As the B.A.R. reported earlier this month (https://www.ebar.com/story.php?336766), 15 out of California's 120 state legislators, or 12%, are now LGBTQ.
"Having a new generation of folks coming is something we are really excited to see," Hoang said.
The out lawmakers include Assemblymember Carl DeMaio (R-San Diego), the first out Republican elected to a legislative seat.
As for Congress, Hoang credited EQCA efforts for the fact that House "Speaker [Mike] Johnson has a very, very thin majority." Indeed, the GOP majority in the House of Representatives is expected to be 217-215 once members chosen to staff the Trump administration leave office (the Democrats picked up a net gain of two seats in the November election).
"Even though it took nearly a month [to count the votes] we were able to hold the Orange County seat — Dave Min — and picked up three others with folks close to the organization — Adam Gray, George Whitesides, and Derek Tran," Hoang said, referring to Democratic straight allies who were elected.
Asked about what EQCA could've done better on, Hoang referred to the loss of Lisa Middleton, who was hoping to become California's first out transgender state lawmaker, in the state Senate race against incumbent Senator Rosilicie Ochoa Bogh (R-Redlands). An outgoing member of the Palm Springs City Council — Middleton steps down December 12 — she had also been the desert enclave's ceremonial mayor.
As the B.A.R. noted, EQCA's political action committee allocated $45,500 since February to Middleton's race, the most of any candidate backed by the PAC.
Gay lawyer Will Rollins (D) and bisexual Palm Springs City Councilmember Christy Holstege (D) also fell short in their efforts to be elected to the House and to the state Assembly in Riverside County, respectively. Holstege will also leave the City Council Thursday.
"I think obviously one of the disappointments of this cycle is we invested quite a bit of resources in the races in the Palm Springs area," Hoang said. "Our priority candidates for Congress, state Senate, and Assembly fell short in terms of switching those seats.
"So, organizing in places like that so we can increase pro-equality representation in that region" is something EQCA could improve, he continued.
"The national context seeped into these local races, so how do we move the ball forward and gear up for the 2026 cycle?" Hoang asked. "Unfortunately, the headwinds were too strong for San Bernardino and Riverside [counties]."
On the town hall call, EQCA representatives said that the group would focus on increasing compliance with the Fair, Accurate, Inclusive, and Respectful Education Act, or FAIR Act, which requires the inclusion of LGBTQ people in instruction materials in public schools.
After a decade of the law being on the books, full compliance for all grades had been met by only 37% of the school districts that took part in an Equality California Institute report card earlier this year, as the B.A.R. reported. Just 43% of California unified school districts responded to inquiries to be a part of the report card, with nearly 60% saying they had adopted FAIR Act compliant instructional materials in social studies and history for at least one of the school-age cohorts.
At the time of the schools report card's release in October, the B.A.R. had requested an interview with State Superintendent of Public Instruction Tony Thurmond, who has been a strong ally on LGBTQ school issues and wrote an introduction to it. While the California Department of Education has yet to make Thurmond, a 2026 gubernatorial candidate, available to talk about the report findings, it acknowledged school districts could be doing better on FAIR ACT compliance in a December 10 emailed reply.
"Ideally, we want these percentages to be much higher, so that more schools are adopting FAIR Act compliant instructional materials in all four minimum required topics: History, Government, Social Studies, and English Language Arts for all grades (elementary, middle, and high school)," stated the department. "Adoption of LGBTQ+ inclusive textbooks and educational materials must be more consistent across districts and ensuring that all students learn about the contributions and history of LGBTQ+ people is vital. Increasing collaboration and shared resources on LGBTQ+ inclusive curriculum leads to a continual improvement of FAIR Act compliant instructional materials."
In 2025, EQCA also plans to continue to push back against anti-LGBTQ policies at the school district level. It has worked closely with Thurmond and his office on doing so over the last year.
"Obviously, the school boards have been a hotbed of action nationally and even in California over the past number of years — we expect that will continue," Hoang said. "As we think about comprehensive sex education, implementation of FAIR, and a number of policies ... how do we ensure school districts across the state support LGBTQ youth? We need to ensure, one, they are following the law and thinking of policies to truly affirm LGBTQ students in these districts. We won't stop on that. We'll be moving the ball forward."
Letter
EQCA sent a letter December 4 to Newsom, Assembly Speaker Robert Rivas (D-Salinas), and Senate President Pro Tem Mike McGuire (D-Healdsburg) alongside 18 other Golden State LGBTQ organizations, asking for their help in shoring up LGBTQ equality in California before Trump takes office again.
As the B.A.R. previously reported, Newsom called a special session of the Legislature December 2 to protect "California values, including fundamental civil rights, reproductive freedom, climate action, immigrant families, and more," an announcement from his office stated.
"The freedoms we hold dear in California are under attack — and we won't sit idle," Newsom stated. "California has faced this challenge before, and we know how to respond. We are prepared, and we will do everything necessary to ensure Californians have the support and resources they need to thrive."
The letter makes a number of specific requests. On identity documents, it states "California must take steps to eliminate statutory barriers that prevent transgender individuals from updating their identification documents without unnecessary delays, and ensure that California courts and the California Department of Public Health's Vital Records Office have adequate staffing and resources to process applications for name and gender marker changes as quickly as possible."
On health care, EQCA is worried the Trump administration may want to roll back Section 1557 of the Patient Protection and Affordable Care Act, which is its non-discrimination protections.
"California should take immediate steps to strengthen these protections, protect sensitive health care data, and ensure that California law enforcement and other entities do not cooperate with any attempts to criminalize or otherwise limit access to gender-affirming care," the letter states.
On education, it states that "given that the U.S. Department of Education will likely take a weaker approach towards enforcement of discrimination complaints against LGBTQ+ students and educators, the California Department of Education must be provided with adequate staffing and resources to quickly investigate and respond to complaints of unlawful discrimination, harassment, and bullying."
On immigration, the letter states its support for sanctuary laws and continues that "California must continue to protect and expand the rights of incarcerated individuals and asylum seekers, including their right to be housed consistent with their gender identity, to be free from inhumane solitary confinement practices, and to receive critical public health and health care services."
Hoang said that EQCA remains in touch with other organizations.
"We are in active communication with our allies, both in terms of organizational partners and members of the California Legislative LGBTQ Caucus," he said.
"We are lucky we have moved a lot of legislation to protect these key areas" already, Hoang said, adding that they anticipate the Legislature "will be responding in real time to whatever attacks come from the incoming Trump administration. If and when those attacks happen, how do we ensure the protections we fought so hard for are protected?"
The letter was also signed by the San Francisco AIDS Foundation, the Sacramento LGBT Community Center and the Los Angeles LGBT Center.
Tyler TerMeer, Ph.D., the foundation's CEO, stated to the B.A.R. that "it is clear that many in our communities will be under attack in 2025 and the years beyond. Already, we face diminished support for HIV and AIDS programs and services, heightened transphobia, and backlash against progressive and inclusive social justice values and causes. It will only get worse with an incoming federal administration determined to undermine the rights, health, and freedom of immigrants, LGBTQ+ communities, people who use substances, and Black and Indigenous people of color."
TerMeer said that the state has to do what it can to mitigate the damage.
"We recognize the many privileges we have as residents in California and as residents of a sanctuary city, which is why we have come together to urge our governor and legislature to help protect the freedoms and rights we have fought hard to obtain," he continued.
The centers didn't return requests for comment by press time.
Gay Assemblymember Chris Ward (D-San Diego) and lesbian state Senator Caroline Menjivar (D-San Fernando Valley), chair and vice chair of the Legislative LGBTQ Caucus, released a statement December 10 about the caucuses' priorities during the special session.
The caucus "supports the inclusion of funding for legal services for vulnerable communities in the final version of legislation sent to the governor during the special session," the statement reads, in part.
"These vital funds will ensure our most underserved community members have enhanced access to vital legal aid services to support their health and well-being," it continues. "Additionally, we strongly support funding for pro bono legal services to increase access to representation and enhance counsel for navigation when updating civil documentation and vital records."
Ward and Menjivar concluded that they'd work alongside legislative leaders and budget chairs of both houses "in order to ensure our strong freedoms, civil rights, and protections afforded to Californians are not infringed upon."
Valerie Ploumpis, EQCA's national policy director, stated to the B.A.R. that a GOP-led Congress could see some of the anti-LGBTQ legislation that's been debated or passed in red states come up for congressional votes, particularly on issues relevant to the trans community.
"We've been accustomed to the House introducing horribly anti-LGBTQ+ bills and appropriations riders in the past two years but haven't paid much attention to Senate Republicans because they've been in the minority," Ploumpis stated. "Still, a large number of Senate Republicans have introduced companion bills to most of the anti-LGBTQ+ bills in the House and commonly make viciously anti-trans statements. So for the next two years, at least, we expect many anti-LGBTQ+ bills to be introduced in both chambers, including trans participation in school and college sports, access to bathrooms and single-sex spaces, gender-affirming health care for minors and perhaps adults and expanded parental rights."
Matthew S. Bajko contributed reporting.
Never miss a story! Keep up to date on the latest news, arts, politics, entertainment, and nightlife.
Sign up for the Bay Area Reporter's free weekday email newsletter. You'll receive our newsletters and special offers from our community partners.
Support California's largest LGBTQ newsroom. Your one-time, monthly, or annual contribution advocates for LGBTQ communities. Amplify a trusted voice providing news, information, and cultural coverage to all members of our community, regardless of their ability to pay -- Donate today!