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Sometimes it’s easy to forget that Jay Inslee is still the governor of Washington, what with all the competence and the just generally not making a lot of waves. But damn, he and Democrats in the state Lege have done some good governing lately. This week, the state Senate passed a “shield law” to protect transgender people in Washington, including people fleeing the increasingly awful anti-trans laws in other states. It now goes to Inslee for his signature. That will make Washington the 10th state with a law or an executive order protecting people — especially trans minors and their families — who cross state lines to receive gender- affirming medical care.
But wait! There’s more! Like some other shield laws, Washington HB 1469 will also protect people who travel to Washington seeking abortion services, since it’s written to include both gender-affirming care and “reproductive health care services that are lawful in the state of Washington” under the umbrella of “protected healthcare services.” So it’s a twofer of protection against the most extreme laws being passed in other states.
As the indispensable indy journalist Erin Reed reports, the bill even goes a little further than some other states’ already good safe haven laws and EOs. Where some, like Minnesota’s executive order, authorize the governor to refuse extradition to other states that want to punish healthcare providers or parents for “aiding and abetting” the provision of gender-affirming care, HB 1469 actually prohibits Washington’s governor from cooperating with such requests. (That’s why a law is better than an EO — Minnesota Gov. Tim Walz can’t prevent future governors from acting against trans folks.) Here’s that bit from the Washington law:
The governor of this state shall not surrender any person described in subsection (1) of this section where the charge against the person is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in section 2 of this act that are lawful in the state of Washington.
For instance, if someone is charged under Idaho’s stupid new “abortion trafficking” law, which prohibits anyone but parents from assisting a minor in getting abortion services, Washington will refuse to extradite Aunt Nora or her Subaru Outback.
Further, the law prohibits state agencies from cooperating with data requests from states investigating people for providing or using protected health services — even under subpoena from another state.
The day before Idaho Gov. Brad Little signed that “abortion trafficking” bill, Inslee sent Little a letter to very politely tell him what a shitty idea the law was. Inslee wrote,
I question the constitutionality of this law and I know you are aware of the costly legal challenges that await should you choose to sign this bill, but, as the governor of a neighboring state, I am also deeply concerned about the impacts that (Engrossed House Bill) 242 will have on Washington residents traveling to and from Idaho.
Inslee also warned Little against any attempt to punish Washington healthcare providers under the new Idaho law, which includes a bizarre provision allowing lawsuits for no less than $20,000 to be brought against medical providers on the behalf of an aborted fetus by a relative of said nonbaby. Inslee wrote,
But, make no mistake, Governor Little, the laws of another state that seek to punish anyone in Washington for lawful actions taken in Washington will not stand. We will protect our providers, and we will harbor and comfort your residents who seek health care services that are denied to them in Idaho.
Even before a federal judge in Texas cancel-cultured the decades-old FDA authorization of the abortion pill mifepristone, Inslee took steps to stockpile a four-year supply, a total of 40,000 doses. Inslee managed that with One Weird Trick, as the Seattle Times explains:
Inslee ordered the Department of Corrections, which has a pharmacy license, to buy 30,000 doses of mifepristone last month. UW Medicine also obtained 10,000 doses of the drug. Between the two entities, Inslee said, the state now has about a four-year supply. […]
State lawmakers introduced Senate Bill 5768 to authorize the Department of Corrections to sell or distribute the drug to licensed providers in Washington.
In a statement last week, Inslee called the Texas lawsuit “a clear and present danger to patients and providers” not only in Washington, but all across the US, saying that Washington is “a pro-choice state and no Texas judge will order us otherwise.”
Finally, over the weekend, the state Senate passed a ban on assault weapons that Inslee had pushed for; the bill had already been passed by the state House, but since the Senate added some amendments, it has to get final passage in the House before it goes to Inslee to be signed. The bill will ban the sale, manufacture, and import of assault weapons, but doesn’t ban their possession because that would be a whole ‘nother pile of lawsuits.
“Passing an assault weapon ban will be a momentous step forward for Washington state,” Inslee said. “Time and again, we’ve seen the carnage these weapons allow people to unleash on communities. Time and again, we’ve watched the NRA and politicians defend, normalize, and even celebrate these weapons. But now the time is here when the majority’s will prevails, and we put the lives of our children first.”
Inslee appeared on MSNBC’s “All In With Chris Hayes” last night to take several victory laps on abortion, trans rights, and guns, and to invite people to move to Washington. Enjoy the video!
Guest host Ali Velshi, who’s Canadian, had to get his two cents in and make a pitch for people moving to Canada, and honestly that sounds good too, especially to those of us watching from godforsaken Idaho.
[Erin in the Morning / Washington HB 1469 / Idaho Reports / Seattle Times / Jay Inslee on Substack / KIRO-TV]
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