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Senate passes Respect for Marriage Act

Bill approved by 61-36 vote margin

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The U.S. Senate voted 61-36 on Tuesday to officially pass the Respect for Marriage Act, a historic piece of legislation that is expected to soon become law after members in the U.S. House of Representatives sign off on a bipartisan amendment added by their Senate colleagues.

Designed as a vehicle to mitigate the fallout if the U.S. Supreme Court’s conservative supermajority guts the constitutional protections for marriage equality, the bill was narrowly construed — in part to help guarantee that it withstands potential challenges from conservative legal actors.

Nevertheless, the Respect for Marriage Act is a landmark bill that has been backed by virtually every LGBTQ advocacy organization in the country. The legislation repeals the Clinton-era Defense of Marriage Act while enshrining into law substantive protections for same-sex couples.

Regardless of whether or how the high court might decide to revisit the marriage question, the Respect for Marriage Act will protect the federally ordained rights and benefits that have long been enjoyed by married gay and lesbian couples. And should the court pave the way for conservative states like Texas to renew their bans on same-sex marriage, the law will require them to officially recognize and honor those that are performed in jurisdictions where they remain legal.

Despite earning broad bipartisan support from lawmakers in the House, which passed its version of the bill this summer with an overwhelming majority — including votes from 47 Republican members — the Respect for Marriage Act faced an uncertain future in the Senate.

Conservative members in the chamber’s Republican caucus argued the bill would jeopardize religious freedoms, concerns that a group of five bipartisan senators sought to allay with an amendment that, among other provisions, clarifies the right of religious nonprofit organizations to refuse “any services, facilities, or goods for the solemnization or celebration of a marriage.”

Writing the amendment were Sens. Susan Collins (R-Maine), Rob Portman (R-Ohio), Kyrsten Sinema (D-Ariz.), Thom Tillis (R-N.C.) and Tammy Baldwin (D-Wis.), who was considered the driving force behind the bill’s passage through the Senate.

Several Republican senators proposed additional amendments that — per a narrow procedural vote before and another shortly after the Thanksgiving break — were not put up for debate, thereby allowing the Respect for Marriage Act to clear the Senate with Tuesday’s vote.

Barely surpassing the 60-vote filibuster-proof majority with one extra “yea,” the Senate’s passage of the bill came despite the best efforts of conservative opponents who had run coordinated campaigns to erode support among GOP members.

President Joe Biden and Vice President Kamala Harris each issued statements shortly after Tuesday’s vote.

The president celebrated the “bipartisan achievement” by Congress, writing: “For millions of Americans, this legislation will safeguard the rights and protections to which LGBTQI+ and interracial couples and their children are entitled. It will also ensure that, for generations to follow, LGBTQI+ youth will grow up knowing that they, too, can lead full, happy lives and build families of their own.”

Harris wrote: “The Respect for Marriage Act ultimately stands for a simple principle: all Americans are equal and their government should treat them that way. Today, we are one step closer to achieving that ideal with pride.”

The Congressional LGBTQ+ Equality Caucus also praised the victory.

“Today, a bipartisan group of 61 Senators made clear that this country will not roll back the clock on marriage equality,” said Congressman David Cicilline (D-R.I.), chair of the Equality Caucus. “The Respect for Marriage Act is a crucial safeguard for LGBTQ+ people whose lives have been forever changed by Obergefell v. Hodges and Americans who are in interracial marriages thanks to Loving v. Virginia. On June 26, 2015, the Supreme Court declared marriage equality as the law of the land. Today, the Senate ensured those marriages will continue to be protected.”

LGBTQ groups celebrate the win

“Diverse faith traditions across the nation came together to demand respect for LGBTQ+ Americans – we staked our ground and refused to let this opportunity slip away, ” said Rev. Paul Brandeis Raushenbush, president of the Interfaith Alliance, in a statement Tuesday.

“The  LGBTQ+ community has faced ongoing deadly violence, legislative assaults and constant threats — including the deadly shooting in Colorado Springs barely one week ago,” said Kelley Robinson, president of the Human Rights Campaign, in a statement from the organization.

“Today, with the passage of the Respect for Marriage Act in the Senate — a historic moment that marks the first federal legislative win for LGBTQ+ equality in over 10 years, since the repeal of Don’t Ask Don’t Tell — the 568,000 same-sex married couples in this country can breathe a sigh of relief that their marriages will be protected from future attacks,” said Robinson, who yesterday began her tenure as the first Black queer woman to lead America’s largest LGBTQ organization.

GLAAD President Sarah Kate Ellis responded on Twitter and in a statement, writing: “As so many LGBTQ people face uncertainty and harm on the state level and extremists on the Supreme Court vow to reconsider the landmark Obergefell decision, this victory will provide comfort and security to millions of people and their families.”

“Today’s bipartisan vote in the Senate to pass the Respect for Marriage Act is a proud moment for our country and an affirmation that, notwithstanding our differences, we share a profound commitment to the principle of equality and justice for all,” reads a statement from National Center for Lesbian Rights Executive Director Imani Rupert-Gordon.

LGBTQ Victory Institute President Annise Parker said, “This landmark piece of legislation protects the marriages of millions of LGBTQ Americans who have not slept well for months, wondering if our marriages would be dissolved by an activist court. While the Respect for Marriage Act is undoubtedly one of the most important pro-LGBTQ laws ever passed, it does not require states to grant marriages to LGBTQ couples. Until then, our fight is not over.”

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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