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Will time run out for ‘Don’t Ask’ repeal?

New optimism as Reid commits to vote, but hearings loom

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Aubrey Sarvis (Blade photo by Michael Key)

Supporters of “Don’t Ask, Don’t Tell” repeal continue to fret about having enough time to pass a measure to overturn the military’s gay ban before year’s end even as Senate leadership has committed to a vote on the issue during the lame duck session of Congress.

An announcement last week from Senate Majority Leader Harry Reid (D-Nev.) that he would bring major defense legislation with repeal language to a vote bolstered the confidence of supporters as they acknowledge significant hurdles remain in reaching the finish line.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s “hopeful” that Congress will be able to enact repeal, but acknowledged that “the clock is our enemy.”

“I’m fearful of time running out on the bill before it’s finished or the prospects of strong opposition from a core group of senators who don’t want to see anything happen in the lame duck,” Sarvis said.

Debate on the defense authorization bill traditionally takes about two weeks in the Senate. Given that slightly more than one month remains in the legislative session this year, time for a debate and vote in the Senate ā€” as well as time for conferencing the legislation ā€” would have to be compressed to move forward.

“Normally, that would involve several weeks or months,” Sarvis said. “For us to succeed here, all those elements, debate on the floor, conference, votes in the two chambers on the conference report would have to be compressed to about eight or 10 days on the floor, in conference and back to the two chambers. That’s part of the challenge.”

Sarvis said he expects the defense authorization bill would likely come to the floor after the Senate Armed Services Committee holds hearings on the Pentagon “Don’t Ask, Don’t Tell” report. Levin has said he wants to hear testimony early in December.

“If the hearing is [Dec.] 2, I could see a scenario where the leader might make the motion on Friday the third, or, if the hearing is the sixth, then maybe the next day,” Sarvis said.

One major question is whether enough senators will vote in the affirmative to reach the 60-vote threshold to move forward with debate on the legislation. In September, a previous attempt to move forward with the measure failed by a vote of 56-43.

A senior Democratic aide, who spoke to the Washington Blade on condition of anonymity, expressed confidence about being able to move forward with the fiscal year 2011 defense authorization bill.

“I think that we may be close to having 60 votes to begin debate on the bill,” the aide said. “I’ve seen some positive signs from unexpected Republicans in recent days.”

Sarvis said the ability to move forward will depend on whether at least a handful of Republicans are willing to break ranks with their caucus.

“If you just look at Democrats, the numbers don’t add up to 60,” Sarvis said. “I don’t care how you slice it. So, if we can persuade a handful of Republicans, and I think we can, we will hit 60.”

A number of senators who are seen as key to moving forward with “Don’t Ask, Don’t Tell” repeal have said they want to see an open amendment process in place.

In September, when Senate leadership made an earlier attempt to bring the legislation to the floor, a number of senators said they were voting “no” because they didn’t feel the Republicans could offer a sufficient number of amendments to the legislation.

Last week, Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal language in the Senate, expressed confidence during a news conference about having at least 60 votes to move forward ā€” provided certain conditions are met with the amendment process on the Senate floor.

ā€œI am confident that we have more than 60 votes prepared to take up the defense authorization bill with the repeal of ā€˜Donā€™t Ask, Donā€™t Tellā€™ if only there will be a guarantee of a fair and open amendment process,ā€ Lieberman said.

Lieberman said heā€™s received assurances from Sens. Susan Collins (R-Maine) and Richard Lugar (R-Ind.) ā€” as well as ā€œothers privatelyā€ ā€” that they would vote for moving forward with the defense authorization bill if a more open amendment process is in place.

The amendment process these senators are seeking remains somewhat nebulous. What standard for the process are these fence-sitting seeking to win their support for moving forward?

Asked about this during the news conference, Lieberman said the exact terms are up for negotiation.

ā€œItā€™s hard to put a number on it now,ā€ Lieberman said. ā€œThatā€™s what I hope is going to be negotiated. Of course, weā€™ll do our best to encourage Sen. Reid to reach out to allow a somewhat larger number.ā€

Some Democrats speculate the call for a change in the amendment process could be an excuse for some fence-sitting senators to vote “no” on moving forward with the defense authorization bill.

Jim Manley, a Reid spokesperson, said the senator has “always been committed to having a fair debate and votes” on the defense authorization bill and specifically on the “Don’t Ask, Don’t Tell” provision.

“We are prepared to proceed in a way that would allow Senators on both sides to voice their concerns and to offer relevant amendments to the bill,” Manley said.

Manley said critics of “Don’t Ask, Don’t Tell” are spinning “a myth” that Reid “is somehow trying to bypass debate on this critical issue.”

The Democratic aide said this call for a more open amendment process could enable some senators to vote against moving toward final passage of the bill after the legislation comes to the floor.

“You could have … some Republicans using process arguments to say, “No, we haven’t had enough debate time and I cannot support moving toward final passage of the bill yet,'” the aide said. “The Republicans might just try to run out the clock.”

The aide said a fair amendment process in the Senate has “never, ever meant” that debate can continue “as long as anybody wants to continue the debate, as long as there are amendments to be talked about and voted on.”

Sarvis noted that unlike in September, Reid has said the DREAM Act, an immigration-related bill, wouldn’t be offered as an amendment to the defense authorization the next time around and would instead come to the floor as standalone legislation.

“By doing so, he has shown his good faith in proceeding toward a fair and open manner in which senators on both sides of the aisle have an opportunity to offer amendments,” Sarvis said.

Sarvis also said Reid’s commitment to allow amendments on the “Don’t Ask, Don’t Tell” and abortion-related provisions in the defense authorization bill was evidence of the majority leader’s commitment to fairness during debate on the legislation.

It’s possible that in exchange for repealing “Don’t Ask, Don’t Tell,” Senate leadership will have to agree to a vote on amendments that would rile the White House, such as a measure related to the terrorist detention facility at Guantanamo Bay or an amendment to try terrorist suspects by military commission.

Sarvis said he doesn’t “think it’s any secret” that Republicans may be looking at amendments like that.

“Are there some Republicans who would like to put the administration on the hot seat with respect to some amendments?” Sarvis said. “Perhaps. But my hope would be that when the ‘Don’t Ask, Don’t Tell’ provisions are debated on the floor that amendments [in that nature] would not be in the mix or part of that debate.”

The Democratic aide said deals are often cut at late stages in the game, but he doesn’t think opponents of “Don’t Ask, Don’t Tell” repeal in the Senate would allow moving forward with ending the law even with an agreement to have a vote on those issues.

“My sense is that [Sen. John] McCain and [Sen. Lindsey] Graham and their crew are dead set on stopping the repeal of ‘Don’t Ask, Don’t Tell,'” the aide said. ‘I don’t think that they’re willing to deal that away.”

As these questions linger, eyes will be on several key senators to determine whether the chamber can reach the 60-vote threshold needed to move forward when the legislation comes before the Senate again.

The offices of both senators Lieberman mentioned as “yes” votes under a different amendment process ā€” Collins and Lugar ā€” said they would be open to moving forward with the defense authorization bill if certain conditions are met.

Mark Helmke, a Lugar spokesperson, said the senator hasn’t taken a position on “Don’t Ask, Don’t Tell” and is waiting for the Pentagon report on the issue, which is now set for release on Nov. 30.

“He is in favor of having a full debate on the matter as part of the defense authorization bill if there is a consent agreement for timed debate and votes on a number of issues,” Helmke added.

Kevin Kelley, a Collins spokesperson, confirmed the Maine senator was concerned about what she perceived as the lack of an open process the last time the legislation was brought up for a vote.

“In September, she was disappointed that the Democratic majority leader chose to shut down debate and exclude Republicans from offering any amendments to the defense authorization bill, which contains the repeal language,” Kelley said. “She believes that was unfair and contrary to the rules and tradition of the Senate.”

Still, Kelley maintained that Collins agrees with Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen that the military’s gay ban “should be repealed” and recalled that the senator voted in favor of a repeal amendment in committee during the spring.

Another senator who could be in play is Sen. Lisa Murkowski (R-Alaska). Fresh off her re-election win as an independent write-in candidate in her state, Murkowski isn’t beholden to the far right for her victory on Election Day. She also didn’t vote one way or the other on the motion to proceed on the defense authorization bill when it came before the Senate in September.

A local TV station in Alaska reported last week that Murkowski was in a position to vote to advance the defense authorization bill. But Michael Brumas, a Murkowski spokesperson, later clarified that this support is dependent on the result of the Pentagon report.

“Sen. Murkowski would not oppose a defense authorization bill that includes a repeal of [‘Don’t Ask, Don’t Tell’] if the Pentagon study shows that repeal is supported by the troops, doesn’t hurt performance, morale or recruitment and the military allows for an orderly transition,” Brumas said.

Additionally, Brumas said the manner in which Senate leadership handles the amendment process would be important for Murkowski’s support.

“If the majority attempts to push it through allowing little or no debate or votes on amendments, Sen. Murkowski would be inclined to oppose those efforts,” Brumas said.

One surprise senator who could vote to move forward with the defense authorization bill is Sen. John Ensign (R-Nev.). Last week, LGBT advocates asserted one of his staffers informed them that he wants to repeal “Don’t Ask, Don’t Tell” and would vote for cloture on the defense authorization bill.

Laura Martin, communications director for the Stonewall Democratic Club of Southern Nevada, said she and other activists met with Margot Allen, Ensignā€™s regional representative on military issues, who informed the group of the senator’s position.

ā€œThe first question was about ā€˜Donā€™t Ask, Donā€™t Tellā€™ and his staffer said he supports repeal,ā€ Martin said. ā€œWe asked her to clarify three times and she said he will vote in the affirmative on the defense authorization with ā€˜Donā€™t Ask, Donā€™t Tellā€™ repeal in it.ā€

Jennifer Cooper, an Ensign spokesperson, later said the senator was awaiting the Pentagon report “to see if any changes to this policy can or should be done” with regard to “Don’t Ask, Don’t Tell.” She also said he wants to hear testimony from the military service chiefs.

ā€œAlso, he plans to review all of the merits of the Defense Authorization bill before voting one way or another; hopefully it will be a fully open amendment process,ā€ she added.

Other senators that are seen as being in play are moderate Republicans Scott Brown (R-Mass.), George Voinovich (R-Ohio) and Olympia Snowe (R-Maine). The two Democratic senators who joined Republicans in voting “no” in September on moving forward with the defense authorization ā€” Arkansas Sens. Mark Pryor and Blanche Lincoln ā€” could also change their votes.

None of these senators’ offices responded to the Blade’s request to comment on how they would vote on the defense authorization when it comes up during the lame duck session.

The slightly different composition of the Senate also raises questions about the votes from Sen. Joe Manchin (D-W.Va.), who assumed his seat after winning election on Nov. 2, and Republican Senator-elect Mark Kirk of Illinois, who is set to take his seat during the lame duck session of Congress.

During his campaign, Manchin said he wants to wait to hear from military leaders before moving forward with “Don’t Ask, Don’t Tell” repeal. As a U.S. House member, Kirk voted against an amendment that would have repealed the military’s gay ban when it came to the floor in May.

Neither the office of Manchin nor Kirk’s transition team responded to the Blade’s request for comment on the issue.

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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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