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N.J. Senate kills marriage legislation

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The New Jersey State Senate on Thursday defeated legislation that would have legalized same-sex marriage in the Garden State, but plans are already brewing to obtain marriage rights for gay couples through litigation.

Senators voted down the measure, 14-20, following a 90-minute debate. After the vote was recorded, opponents of gay nuptials filled the Senate chamber with cheers and applause.

The bill’s failure almost certainly means New Jersey wonā€™t see the legalization of same-sex marriage through legislative means anytime soon. Republican Governor-elect Chris Christie will begin his four-year term Jan. 19, and heā€™s pledged to veto any marriage bill that comes to his desk.

Outgoing Gov. Jon Corzine (D) in a statement Thursday expressed disappointment about the outcome of the vote, although he commended the Senate for having public debate on the issue.

ā€œMost assuredly, this is an issue of civil rights and civil liberties, the foundation of our state and federal constitutions,ā€ he said. ā€œDenying any group of people a fundamental human right because of who they are, or whom they love, is wrong, plain and simple.ā€

Celebrating the victory was the National Organization for Marriage. In an e-mail blast, Brian Brown, the organization’s executive director, praised followers who ā€œmade phone calls, sent e-mails, and prayedā€ in opposition to same-sex marriage.

ā€œYet again, we have witnessed a tremendous victory for marriage in a state where just a few months ago, victory seemed unlikely at best,ā€ he said.

Immediately following the vote, Kevin Cathcart, executive director of Lambda Legal, announced in a statement plans to pursue the legalization of same-sex marriage in New Jersey through court action.

ā€œThe requirement to ensure equality for same-sex couples, established by the New Jersey Supreme Court in its decision in our marriage lawsuit in 2006, has not been met,ā€ he said. ā€œThere is enormous, heartbreaking evidence that civil unions are not equal to marriage, and we will be going back to the courts in New Jersey to fight for equality.ā€

New Jersey won’t ‘go all the way backwards’

In a conference call following the vote, Steven Goldstein, chair of Garden State Equality, said advocates of same-sex marriage have had ā€œa seamless transition from our legislative phase to our court phase.ā€

ā€œIt’s not a situation where New Jersey will go all the way backwards,ā€ he said. ā€œIn New Jersey, the Supreme Court ruled in 2006 that same-sex couples must receive equal treatment under the law as a state constitutional matter.ā€

Goldstein said he didn’t yet know details about the litigation, such as who would become plaintiff couples or when the New Jersey Supreme Court would hear the case.

Reflecting on the vote, Goldstein said the marriage bill didn’t succeed for one reason: the failure of Corzine to win re-election in November.

ā€œWe had at minimum 22 votes in the Senate ā€¦ and we were going to win this clearly in the Assembly,ā€ he said. ā€œAt some point immediately after the election, we saw the fortunes change.ā€

Goldstein said Corzine was ā€œa star supporter of marriage equalityā€ throughout most of 2009, but added ā€œit did take him a while to get there.ā€

ā€œWe were very honest in our statement today in saying that this bill should never have waited until sudden death overtime ā€” the lame duck session,ā€ he said. ā€œAnd obviously we’re disappointed in that.ā€

Opposition to the bill also increased, Goldstein said, because Christie visited Republican senators before the debate and urged them to vote against the legislation.

ā€œWe understand from impeccable sources that Governor-elect Christie went to the Republican Senate caucus and in the Republican Assembly caucus and told members who were going to vote for marriage equality, ‘I don’t want to see any marriage equality votes coming out of this caucus,’ā€ Goldstein said.

Even though they thought they might not win, Goldstein said advocates held the vote in the Senate because they believed it would bolster the chances of litigation.

ā€œWe consulted and spoke with lawyers far and wide who said the New Jersey Legislature has to show its dereliction of duty affirmatively to go back to court ā€” because they said it’s up to the Legislature to act,ā€ he said. ā€œToday the Legislature acted. It defaulted on its constitutional obligation to provide same-sex couples equality.ā€

Noting that a number of lawmakers who voted against the marriage bill also conceded on the floor civil unions aren’t working, Goldstein said the Senate record will also help persuade the courts that civil unions aren’t adequate in providing protections for same-sex couples.

Passionate flare on Senate floor

Several senators gave emotional speeches on both sides of the marriage issue on the Senate floor before the vote was taken. State Sen. Loretta Weinberg, a Democrat and sponsor of the marriage legislation, was among those who spoke in favor of the bill.

ā€œMen and women do not have a monopoly on loving relationships,ā€ she said. ā€œWe all know same-sex couples that enjoy the same love and trust that is shared between a man and a woman, between a husband and a wife.ā€

Also speaking out in favor of the legislation was State Sen. Raymond Lesniak, another Democrat who sponsored the bill.

Noting that 120 religious leaders sent a letter to the New Jersey Senate in support of same-sex marriage, Lesniak said the failure of the chamber to pass the legislation would amount to religious discrimination.

ā€œUnless we vote for marriage equality, we will be interfering with the religious beliefs of many of our citizens,ā€ he said. ā€œGovernment is wrong to interfere with religious beliefs. Today, we can right that wrong.ā€

State Sen. Bill Baroni, the lone Republican to vote in favor of the marriage legislation, said New Jersey’s current system of offering civil unions to same-sex couples amounted to discrimination perpetuated by the government.

ā€œGovernment says [these couples] are different and segregates from the married couples, and that is textbook, old-fashioned discrimination ā€” where government looks at people and discriminates against them,ā€ he said.

Equally emotional were speeches against same-sex marriage. State Sen. Michael Doherty, a Republican, criticized the process that advocates had chosen to legalize same-sex marriage and called instead for a referendum on the issue.

ā€œSuddenly today, you’re somehow crazy if you want the people of New Jersey to decide this issue like they have in 31 other states,ā€ he said. ā€œThis is about the process; this is about letting the residents of New Jersey decide a major redefinition that has been recognized for thousands and thousands of years.ā€

Also opposed to the legislation was State Sen. Sean Kean, another Republican who said he voted against same-sex marriage even though he had ā€œthe gayest senate district in New Jerseyā€ because it has a significant number of LGBT residents.

ā€œGuess ā€¦ to those proponents of this bill that I am unfortunately going to disagree with today,ā€ he said. ā€œSometimes people just disagree with you. Maybe they don’t share your perspective, maybe they don’t share your values, maybe they just disagree with you.ā€

One senator who spoke in favor of the marriage bill and gave a particularly well-received speech among advocates was State Sen. Nia Gill. A black woman, Gill compared to lack of marriage rights for gay couples to previous laws forbidding interracial marriage and suffrage for women.

ā€œThis body cannot advocate its responsibility,” she said. “Once we have taken state action, that state action must be constitutional in its protection.”

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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