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Advocates eye immigration, ‘tax’ parity in next Congress

Plans surface for incorporating LGBT language in non-LGBT bills

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Jerrold Nadler, U.S. House of Representatives, congress, gay news, Washington Blade
Jerrold Nadler, U.S. House of Representatives, congress, gay news, Washington Blade

Rep. Jerrold Nadler (D-N.Y.), one of the strongest allies of the LGBT community in Congress, is optimistic about possible advances for LGBT equality in Congress next year. (Washington Blade file photo by Michael Key)

With free-standing LGBT supportive bills having little or no chance of passing in Congress next year due to the Republican-controlled House, advocates are developing plans to push for inserting LGBT-supportive language in broader, non-gay bills that enjoy bipartisan support, according to Capitol Hill insiders.

One bill under consideration for inclusion in a broader, non-LGBT measure is the Uniting American Families Act, which would provide equal immigration rights to foreign nationals who are same-sex partners of American citizens.

Another bill under similar consideration is the Tax Parity for Health Plan Beneficiaries Act, which would allow domestic partners to obtain the same tax exemption for health insurance and other health benefits provided by employers that married opposite-sex couples now enjoy.

“There are lots of ways you can do this,” said Allison Herwitt, legislative director of the Human Rights Campaign, which is mapping strategy for LGBT-supportive legislation in the 113th Congress, which convenes in January.

“You can do it in committee. You could try to get it put in the bill as the bill is being written,” Herwitt said. “It’s always better to have the pro-equality language that we want put in the bill before it gets to the floor because it’s easier to protect your language from being stripped than it is to affirmatively add language.”

Herwitt and representatives with other LGBT advocacy groups say that despite the positive developments for the LGBT community in the Nov. 6 election, the makeup of Congress has remained largely the same in terms of the support for at least seven LGBT related bills.

Among them is the Employment Non-Discrimination Act, or ENDA, which calls for banning employment discrimination based on sexual orientation and gender identity, and the Respect for Marriage Act, which would repeal the anti-gay Defense of Marriage Act, or DOMA. DOMA defines marriage under federal law as a union only between a man and a woman.

Steve Ralls, a spokesperson for the national LGBT group Immigration Equality, said the group is “highly optimistic” that the Uniting American Families Act will pass in the first half of next year as part of a broader immigration reform bill.

Ralls notes that President Obama, most Democratic lawmakers, and some congressional Republicans support an immigration reform measure. With the Hispanic vote going overwhelmingly to Obama and Democratic congressional candidates in the election two weeks ago, Republican leaders are much more likely to go along with a comprehensive immigration bill that’s strongly supported by the U.S. Latino community, Ralls said.

He said Immigration Equality is confident that the Senate, under the leadership of Sen. Patrick Leahy (D-Vt.), who chairs the Senate Judiciary Committee, will support the inclusion of language from the Uniting American Families Act in an immigration reform bill.

“I am very hopeful that by next summer we could have a very significant win on this,” Ralls said.

Herwitt said she is similarly hopeful that the House and Senate will go along with including the tax parity measure for employer health benefits aimed at same-sex partners within a tax-related bill expected to come up next year.

R. Clarke Cooper, president of the Log Cabin Republicans, has said an LGBT-related bill most likely to gain Republican support in Congress is one that would redress unfair taxation on Americans, including LGBT Americans.

While HRC and Immigration Equality expressed optimism over the strategy of seeking to add gay bills to broader non-LGBT legislation, gay Rep. Barney Frank (D-Mass.), who’s retiring from Congress in January, said he’s far less optimistic about the prospect of any LGBT legislation while Republicans control the House for at least the next two years.

“The Republicans continue to be opposed to everything,” he told the Blade. “Look at the Republican platform. We certainly can block any negative stuff they may try to do,” he said.

“But with the Republicans controlling the House there’s zero chance of anything good happening…They’re negative on everything. They voted 98 percent against us on everything that came up,” he said. “They voted 90 some percent to reaffirm the Defense of Marriage Act. So there’s zero chance of them allowing anything.”

Rep. Jerrold Nadler (D-N.Y.), one of the strongest allies of the LGBT community in Congress, while agreeing that the GOP majority in the House remains “fiercely opposed to LGBT rights,” is optimistic about possible advances for LGBT equality in Congress next year.

“On the heels of tremendous momentum nationally – with the recent victory of marriage equality in four states, the president’s explicit support for LGBT rights, the tide of federal court cases backing equal protection for LGBT Americans, and a rapidly growing acceptance of the LGBT community – we have a great deal of validation to take with us into the 113th Congress,” Nadler said in a statement to the Blade.

Nadler said he, too, is optimistic about the prospects passing the gay immigration and tax parity measures as part of broader bills.

“We must prepare to work together, with Democrats and our GOP allies, to use every tool available to us to advance pro-equality legislation now,” he said.

HRC’s Herwitt, however, points out that the breakdown in the House between LGBT supportive and anti-LGBT members in the 113th Congress will make it difficult to pass LGBT legislation in any form.

“If you look at the makeup of the 113th Congress, they are going in with about 225 members who are solidly anti-LGBT,” she said, noting that most in this group are Republicans but some Democrats. About 184 House members, most Democrats, are supporters of LGBT equality and are expected to vote for LGBT bills, Herwitt said.

The remaining 26 are “in the middle,” with HRC and congressional allies uncertain how they will vote.

With 218 being the magic number needed to pass a bill, an amendment, or a discharge petition that could force GOP House leaders to bring a bill to the floor for a vote, LGBT advocates are not too far away from reaching that number, Herwitt and other advocates said.

But even if they were to convince House GOP leaders to allow an LGBT bill like ENDA to reach the floor for a vote, supporters don’t think they have the votes now to pass such a bill.

“Clearly, what we need to do during these next two years is work like hell to change the hearts and minds of the voters to make sure we have the support we need in the next election in 2014,”said Maryland transgender rights advocate Dana Beyer.

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

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

• U.S. Ambassador to the U.N. Linda Thomas-Greenfield

• U.S. Trade Representative Katherine Tai

• U.S. Ambassador to India Eric Garcetti

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

• Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

• U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

• USAID Counselor Clinton D. White

• National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

• Assistant U.S. Secretary of Health Adm. Rachel Levine

• National Security Council Human Rights Director Jess Huber

• U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

• Icelandic Ambassador to the U.S. Bergdís Ellertsdóttir

• Council for Global Equality Co-Executive Director Mark Bromley

• Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

• Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

• Pau González, co-chair of Hombres Trans Panamá and PFLAG-Panamá

“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 administration’s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them — 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 Orbán’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons — 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.

“We’re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries — Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands — 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 America’s support is indispensable,” said Blinken. “When we engage — sometimes publicly, sometimes privately, sometimes both — 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. “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, it’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 — 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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