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Feinstein on DOMA repeal: ‘We’re in this for the long march’

Calif. senator says no time set for committee to report out repeal bill

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Sen. Dianne Feinstein (Blade file photo by Michael Key)

Sen. Dianne Feinstein (D-Calif.) maintained on Tuesday that backers of legislation that would repeal the Defense of Marriage Act are in the fight “for the long march” and will continue pushing for the bill’s passage even it doesn’t make it through this Congress.

Feinstein, the sponsor of DOMA repeal legislation known as the Respect for Marriage Act, asserted supporters will continue to press on with the measure at the National Press ClubĀ during a news conference intended to highlight the bill and a Senate hearing set to take place Wednesday on the measure.

“I want to assure you that this isn’t a cause which we are going to drop,” Feinstein said. “We are not faint hearts about this. If we don’t succeed this session, we will try again next session. If we don’t succeed next session, we will try again the following session, but, believe me, we will continue this effort until the battle is won.”

Among the 14 senators who voted against DOMA when it came before the Senate in 1996, Feinstein said she opposed the measure at the time because she thought it was “unconstitutional” and continues to believe that to this day about the anti-gay law.

Following the news conference ā€” which was organized by the Courage Campaign, a progressive organization working to build support in the Senate for DOMA repeal ā€” reporters questioned Feinstein about the prospects for passing repeal legislation during the 112th Congress. Observers have said passage of any pro-LGBT bill ā€” including DOMA repeal ā€” wouldn’t happen as long as Republicans remain in control of the House.

Asked whether she thinks DOMA repeal would pass the Republican-controlled House, Feinstein acknowledged passage in that chamber remains a challenge, but reiterated “we’re in this for the long march, not just for the short haul.”

Observing litigation is making its way through the federal courts that could strike down DOMA, Feinstein said she wants legislative repeal of DOMA in addition to having the judiciary rule against the law.Ā Asked whether she had a preference for legislative or judicial action, the California Democrat replied, “I think we should do both, so that we secure the arena forever.”

The necessary 10 votes in the Senate Judiciary Committee are present to report out the legislation to the floor. Each of the Democrats on the committee have signaled ā€” through co-sponsorship or on-the-record comments ā€” they would support the bill. Sen. Patrick Leahy (D-Vt.), chair of the panel, could report out the legislation to the floor, if he so chose, following the hearing on Wednesday.

However, Feinstein said a timeframe hasn’t yet been established for when the legislation would proceed to the floor ā€” or even if it would happen this Congress ā€” as she acknowledged that the votes are present in committee to move forward.

“There’s no timeframe right now and this is ā€” I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know,” Feinstein said.

Feinstein maintained that the purpose of the upcoming hearing would be to demonstrate the hardship that DOMA has on married same-sex couples.

“I think it’s very important that we achieve a level of understanding of what this is ā€” that it’s not affording any special rights,” Feinstein said. “It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits ā€” those kinds of things that are afforded to married couples.”

Under questioning from the Washington Blade, Feinstein also responded to criticism about the scheduled witnesses for the hearing being all white and the lack of representation of bi-national couples at the hearing.Ā Gay activist Dan Choi has spoken out against the selection of the witnesses for being what he called “exclusively white and privileged,” even though the hearing notice indicates the same-sex couples set to testify have suffered economic hardship because of DOMA.

Feinstein said she believes the selection of witnesses accurately represents the issues LGBT couples face under DOMA.

“Every couple has a different story to tell,” Feinstein said. “That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.”

A transcript of the exchange between Feinstein and reporters on DOMA repeal legislation follows:

Reporter: When will the bill before the Senate Judiciary Committee? Is there a timeframe?

Dianne Feinstein: Oh, it’s before the Judiciary Committee. The hearing is tomorrow.

Reporter: But a vote in committee? A markup?

Feinstein: No. There’s no timeframe right now and this is ā€” I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know. I think it’s very important that we achieve a level of understanding of what this is ā€” that it’s not affording any special rights. It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits ā€” those kinds of things that are afforded to married couples.

Reporter: Senator, is there any Republican support from your bill?

Feinstein: Not at this time. I think it’s a hard time because of the Tea Party and the sort of ideological bent right now. But that’s going to change.

Reporter: You said that the president’s opinion on marriage equality ā€” should he come out in favor of it ā€” would certainly be welcome. You’re hoping he endorses repeal. Have you had any talks with the administration on the bill?

Feinstein: No. I haven’t precisely. I was very heartened when the administration came out with their belief that it was unconstitutional, and I think that’s a major step forward. The issue will go to the Supreme Court. That’s one way of the issue being solved and the other way is legislatively.

Reporter: Do you have a preference?

Feinstein: Oh, I think we should do both, so that we secure the arena forever.

Reporter: Do you think you’ll have any trouble getting it through the House?

Feinstein: Right now I think it will, but as I said, we’re in this for the long march, not just for the short haul.

Reporter: Senator, the selection of witnesses for tomorrow’s hearing has come under criticism. There are no racial minorities who will be testifying about how DOMA affects them. Also, there’s no bi-national couples who will be testifying ā€”

Feinstein: I can’t answer that because the chairman usually puts together the witnesses. I think we were asked to submit one couple, is that right? [Feinstein aide: “We submitted a number of selections.]

Reporter: But really quickly, do you think the selection of witnesses accurately represents how DOMA impacts same-sex couples.

Feinstein: Yes. I mean, every couple has a different story to tell. That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.

Reporter: Senator, how about within the broader Democratic caucus. Do people want this? Is this something that your fellow senators, you sense, want a floor vote on even if it can’t pass in the House?

Feinstein: It would be, of course, ideal to have a floor vote and have it pass. It would not be ideal to have a floor vote and have it fail. I’m not into failure as an option.

Reporter: How did you feel all those years ago when you were one of … 14 [senators who voted against DOMA] and how have things changed since then?

Feinstein: I think eyes have opened. I think more and more people across this land know people who are gay, who want to have a lasting relationship, who look at marriage as an economic agreement as well as an emotional agreement, who want to raise children and do raise children ā€” many of them ā€” children who have no other option. So, it becomes an important social gift, too.

Thank you, bye.

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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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