National
Gillibrand leads renewed call to help bi-national couples
13 senators again make request to place marriage-based green cards on hold
Sen. Kirsten Gillibrand (D-N.Y.) is calling on the Obama administration to take action for bi-national same-sex couples (Washington Blade file photo by Michael Key)
The junior senator from New York is taking up the lead on a renewed call for administrative action to help bi-national same-sex couples in anticipation of a ruling from the Supreme Court on the Defense of Marriage Act.
In a letter sent out Thursday, Sen. Kirsten Gillibrand (D-N.Y.) and other U.S. senators call on the Department of Homeland Security and the Justice Department to take action to ensure that married bi-national same-sex couples won’t face separation before justices make a final determination in case of Windsor v. United States before the end of June.
Senators ask Secretary of Homeland Security Janet Napolitano to hold the marriage-based green card petitions for bi-national same-sex couples in abeyance until the court makes its ruling on DOMA. Additionally, they ask Attorney General Eric Holder to institute a moratorium on orders of removal issued by immigration courts to married foreign nationals who would otherwise be able to adjust their status if not for DOMA.
“By taking these interim steps, vulnerable families affected by DOMA can remain together until the Supreme Court issues its decision,” the senators wrote. “Preserving family unity is a fundamental American value and is the cornerstone of our nation’s immigration law.”
Unlike straight Americans, gay Americans are unable to sponsor a foreign same-sex spouse for residency in the United States because DOMA prohibits federal recognition of same-sex marriage. As a result, these couples could be faced with separation — or even deportation if the foreign nationals in these relationships lose their immigration status. Stand alone legislation that would address this issue is known as the Uniting American Families Act.
Besides Gillibrand, other signers of the letter are Sens. Ron Wyden (D-Ore.), Barbara Boxer (D-Calif.), Chris Coons (D-Del.), Barbara Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Frank Lautenberg (D-N.J.), Al Franken (D-Minn.), Jeanne Shaheen (D-N.H.), Jeff Merkley (D-Ore.) and Patty Murray (D-Wash.). A total of 13 names are on the request.
Senators have made repeated requests of the Obama administration on the issue — in addition to the letters from House lawmakers and one most recently from 54 LGBT and immigrant advocacy groups. It’s the third such letter signed by a group of senators — not counting one written by Blumenthal and on behalf a lesbian couple in his state and another written by Sen. John Kerry (D-Mass.) on behalf of another couple in another situation.
Several senators who’ve previously signed these letters have not penned their name to the most current one. Absent is Kerry — who had previously been leading these efforts for the letters, but has recently been nominated as secretary of state — as well as Sens. Patrick Leahy (D-Vt.), Sherrod Brown (D-Ohio), and Charles Schumer (D-N.Y.). Gillibrand’s office didn’t immediately respond to a request to comment on why these names were absent.
Other absent names are former Sen. Daniel Akaka of Hawaii, who signed before his retirement from the Senate early this year, and the late Sen. Daniel Inouye.
But each time in response to these letters, the Obama administration has said it’ll continue enforcing DOMA as long as it remains on the books.
Things don’t seem any different this time around. The various agencies to whom the letter is addressed seemed disinclined to take immediate action as a result of the letter. Tracy Schmaler, a Justice Department spokesperson, had no immediate comment and said the department would review the letter.
Peter Boogaard, a DHS spokesperson, reiterated the Obama administration continues to continue to enforce the law as long as it remains on the books.
“Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the Department of Homeland Security will continue to enforce it unless and until Congress repeals it, or there a final judicial determination that it is unconstitutional,” he said.
The Obama administration has already taken steps to address this issue. For example, in October, the Department of Homeland Security issued guidance stipulating immigration officers should consider “long-term, same-sex partners” as families when considering whether to exercise prosecutorial discretion in the potential deportation of an undocumented immigrant.
But marriage-based green card applications are still being denied.
Last week, the Obama administration denied for two couples in different parts of the country. The two green card denials of which the Washington Blade learned on Friday were for Kelly Costello and Fabiola Morales, a lesbian couple from Potomac, Md., and Adi and Tzila Levy of New York.
Steve Ralls, a spokesperson for Immigration Equality, said the letter “underscores the necessity of administrative action” as observers await the final determination on the constitutionality of DOMA and action on comprehensive immigration reform legislation.
“The White House has pledged its assurance that LGBT binational couples will not be torn apart, and abeyance – which would give couples legal presence and protection in the country until a permanent option for residency is available – would be a natural extension of that pledge,” Ralls said. “Given those permanent solutions which are on the horizon, our hope is that President Obama will concur with the senators’ letter and grant abeyance for the next six months or so, until all families have access to the green cards they deserve.”
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The full text of the senators’ letter is below:
Dear Mr. Attorney General and Madam Secretary:
We continue to applaud the President for his decision not to defend the constitutionality of the Defense of Marriage Act (‘DOMA’) in federal court. We also applaud the Department of Homeland Security (DHS) for including “long-term same-sex partners” under the Administration’s policy that suspends deportations of some immigrants who pose no security risk. These developments are steps in the right direction, but DOMA is still the law of the land and continues to discriminate against a class of Americans.
Following the 2012 election, there are now nine states and the District of Columbia recognizing same-sex marriage with several other states granting similar rights. However with DOMA as law, we are creating a tier of second-class families in these States. DOMA prevents same-sex immigrant spouses of U.S. citizens from successfully applying for permanent resident visas. Fortunately, the U.S. Supreme Court has granted certiorari in Windsor v. U.S. and will determine the constitutionality of DOMA in the next term; by June we will know whether or not applications for lawful permanent residence for lesbian and gay spouses will ultimately be approvable.
Given the historic nature of Windsor v. U.S., we urge DHS to hold marriage-based immigration petitions in abeyance until the Supreme Court issues its ruling on same-sex marriage. Holding these cases in abeyance for a few months will prevent hardship to LGBT immigrant families. We also call upon the Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA. By taking these interim steps, vulnerable families affected by DOMA can remain together until the Supreme Court issues its decision.
Preserving family unity is a fundamental American value and is the cornerstone of our nation’s immigration law. Thank you for your decision not to defend the constitutionality of a law that hurts so many families and for your consideration of this request.
National
National resources for trans and gender diverse communities
Amid attacks, help is available from wide range of organizations
The Trump administration has launched a series of executive orders and other initiatives restricting the rights of the transgender community since taking power in January, targeting military service, affirming healthcare, and participation in sports.
Though many executive orders are being challenged in court, it’s an uncertain time for a community that feels threatened. Despite the uncertainty, there are resources out there to help.
From legal assistance to mental health support, here’s a list of nonprofits and organizations dedicated to improving the everyday livelihood of trans and gender diverse people. These are mostly national organizations; there are many additional groups that work in local communities across the country. Some of these national groups will connect those in need of help to a local organization.
LEGAL HELP
President Trump issued an executive order declaring there are only two genders –– male and female –– which applies to legal documents and passports. The order doesn’t recognize the idea that one can transition their gender at birth to another gender.
Ash Lazarus Orr filed to renew his passport with a gender marker reflecting his identity. That was in January, and he still hasn’t received it. He refused to accept a passport without an accurate identification of who he is, so he filed a lawsuit with the ACLU in what is now known as Orr v. Trump.
Orr told the Washington Blade that not receiving his passport back has taken away his freedom of visiting family in Canada and receiving gender-affirming care from a trusted provider in Ireland.
The one thing getting him through this uncertain time is knowing who he’s fighting for –– the trans community, his loved ones, and himself.
“I’m trying to be that person that those younger parts of me needed growing up,” Orr said. Check out a couple of legal support organizations below:
Transgender Law Center
The Transgender Law Center (TLC) provides legal resources and assistance. TLC has a list –– called the Attorney Solidarity Network –– of attorneys that can provide advice or representation for trans people.
The organization also has a legal information help desk that answers questions regarding laws or policies impacting trans people.
Website: transgenderlawcenter.org
Phone: 510-587-9696
Email: [email protected]
Advocates For Trans Equality
With a variety of different programs tailored toward legal assistance and advocacy work, Advocates For Trans Equality’s reach is wide.
The non-profit offers the Name Change Project, which provides pro bono legal name change services to low-income trans, gender-non-conforming and nonbinary people by utilizing its partnerships with law firms and corporate law departments.
Advocates For Trans Equality also has departments and programs dedicated to increasing voter engagement, educating lawmakers on trans issues and offering litigation assistance to a small number of cases.
Website: transequality.org
Phone: 202-642-4542
General email: [email protected]
To contact a specific department or program, visit its website above.
ADVOCACY
Looking to take action and get involved? Act now.
American Civil Liberties Union
The ACLU is a national nonprofit organization that mobilizes local communities and advocates for national causes.
Getting involved is as easy as filling out letters to representatives or signing petitions. One live petition is to “defend trans freedom.”
You can also join its People Power platform, where you serve as a volunteer in your community to “advance civil liberties and civil rights for all.” ACLU has different chapters across the country, so visit its website for more information.
Website: aclu.org
Phone: 212-549-2500
MILITARY AND VETERANS
Trump signed an executive order in January banning transgender service members from serving, stating their identity “conflicts with a soldier’s commitment to an honorable, truthful and disciplined lifestyle, even in one’s personal life.”
Though the order has been legally challenged and struck down by a judge, U.S. Navy Lieutenant Rae Timberlake said it’s created an uncertain atmosphere for themself and other troops.
“All of the transgender service members I know have served with honor and integrity for many years…[and we’re] targeted for removal and not subject to any kind of review based on merit,” Timberlake, who joined the Navy at age 17, said. “There’s kind of just this cloud looming over our organizations and our units, because we know any day our transgender shipmates could no longer be on the team.”
But Timberlake’s message to any service member struggling because of the executive order was one of compassion and truth: “There’s no policy that can take away what you’ve accomplished and what you’ve done.”
Here are some organizations that support service members and veterans:
SPARTA Pride
SPARTA is a peer-support group composed of active duty, veteran and “future warrior” service members.
The group also engages in advocacy work and has helped change policies on gender neutral uniforms and reducing the time a trans service member would have to wait to return to their duties during their transition.
Contact SPARTA to learn more about joining its support network.
Website: spartapride.org
Email: [email protected]
Modern Military Association
Modern Military supports service members and veterans through advocacy, legal assistance and mental health support.
It tracks LGBTQ+ and HIV discrimination through reports made on its website, and offers guidance and advice to whoever submitted the report.
It also supports the mental health of LGBTQ+ veterans and their families through its Resilient Heroes Program. By signing up, you’ll receive virtual peer support and case management services with a mental health coordinator.
Website: modernmilitary.org
Phone: 202-328-3244
Email: [email protected]
CRISIS & MENTAL HEALTH SUPPORT
If you have a more urgent matter, or just need someone to listen, here are some organizations you can reach out to:
The Trevor Project
The Trevor Project offers 24/7 counseling services. Calling, texting or chatting is free and confidential, and you’ll get to speak with someone specialized in supporting LGBTQ youth.
The organization also focuses on public education by hosting online LGBTQ suicide prevention trainings. It advocates for policies and laws that contribute to supporting queer youth.
Website: thetrevorproject.org
Crisis hotline: 1-866-488-7386
General inquiry phone number: 212-695-8650
Trans Lifeline
Trans Lifeline is a hotline run and operated by trans people. Whether you’re questioning if you’re trans or are a trans person just wanting to talk, someone will be there to help. It’s free and confidential, and there won’t be any non-consensual active rescue, such as calling the emergency services.
The line is not 24/7, however. Check out its website for hours within your time zone.
Website: translifeline.org
Phone: 877-565-8860
Here are other organizations that offer support to the trans community:
TransFamilies (support): Support for families with a gender diverse child.
TransLatina Coalition (advocacy): Advocates for the specific needs of the transgender, gender expansive and intersex communities in the U.S.
TransAthlete (information): Provides informative resources about trans athletes.
Campaign for Southern Equality’s Trans Youth Emergency Project (healthcare support): A fund to help trans youth access lifesaving healthcare.
TransTech Social (economic empowerment): Dedicated to discovering and empowering the career-ready skills of LGBTQ+ people.
World Professional Association For Transgender Health (health): Resources, symposiums and research dedicated to improving transgender health.
Sylvia Rivera Law Project (legal): Legal programs and services for marginalized communities.
Gender Spectrum (support): Resources and support groups for trans youth and families.
The Okra Project (support): Creates and supports initiatives that provide resources for the Black Trans community.
The White House
White House does not ‘respond’ to reporters’ requests with pronouns included
Government workers were ordered not to self-identify their gender in emails
White House Press Secretary Karoline Leavitt and a senior advisor in the Department of Government Efficiency rejected requests from reporters who included their pronouns in the signature box of their emails, each telling different reporters at the New York Times that “as a matter of policy,” the Trump-Vance administration will decline to engage with members of the press on these grounds.
News of the correspondence between the journalists and the two senior officials was reported Tuesday by the Times, which also specified that when reached for comment, the White House declined to “directly say if their responses to the journalists represented a new formal policy of the White House press office, or when the practice had started.”
“Any reporter who chooses to put their preferred pronouns in their bio clearly does not care about biological reality or truth and therefore cannot be trusted to write an honest story,” Leavitt told the Times.
Department of Government Efficiency Senior Advisor Katie Miller responded, “I don’t respond to people who use pronouns in their signatures as it shows they ignore scientific realities and therefore ignore facts.”
Steven Cheung, the White House communications director, wrote in an email to the paper: “If The New York Times spent the same amount of time actually reporting the truth as they do being obsessed with pronouns, maybe they would be a half-decent publication.”
A reporter from Crooked media who got an email similar to those received by the Times reporters said, “I find it baffling that they care more about pronouns than giving journalists accurate information, but here we are.”
The practice of adding pronouns to asocial media bios or the signature box of outgoing emails has been a major sticking point for President Donald Trump’s second administration since Inauguration Day.
On day one, the White House issued an executive order stipulating that the federal government recognizes gender as a binary that is immutably linked to one’s birth sex, a definition excludes the existence of intersex and transgender individuals, notwithstanding the biological realities that natal sex characteristics do not always cleave neatly into male or female, nor do they always align with one’s gender identity .
On these grounds, the president issued another order that included a directive to the entire federal government workforce through the Office of Personnel Management: No pronouns in their emails.
As it became more commonplace in recent years to see emails with “she/her” or “he/him” next to the sender’s name, title, and organization, conservatives politicians and media figures often decried the trend as an effort to shoehorn woke ideas about gender (ideas they believe to be unscientific), or a workplace accommodation made only for the benefit of transgender people, or virtue-signaling on behalf of the LGBTQ left.
There are, however, any number of alternative explanations for why the practice caught on. For example, a cisgender woman may have a gender neutral name like Jordan and want to include “she/her” to avoid confusion.
A spokesman for the Times said: “Evading tough questions certainly runs counter to transparent engagement with free and independent press reporting. But refusing to answer a straightforward request to explain the administration’s policies because of the formatting of an email signature is both a concerning and baffling choice, especially from the highest press office in the U.S. government.”
U.S. Military/Pentagon
Air Force rescinds rule barring inclusion of preferred pronouns in email signatures
Conflict with language in military funding package may explain reversal
The U.S. Air Force has issued a “directive to cease the use of ‘preferred pronouns’ (he/him, she/her, or they/them) to identify one’s gender identity in professional communications,” according to a report published in the Hill on Wednesday.
The rule, which applies to both airmen and civilian employees, was first adopted on Feb. 4 pursuant to President Donald Trump’s anti-transgender executive order called, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
Days after the administration’s issuance of that order on the first day of the president’s second term, the Office of Personnel Management instructed agencies across the whole of the federal government to remove pronouns from email signatures and enforce the policy barring employees from using them.
Additionally, on Jan. 27 Trump published an order barring trans people from joining the U.S. Armed Forces, indicating that those who are currently in serving would be separated from the military. The Pentagon is fending off legal challenges to the ban in federal courts.
Particularly given the extent of the new administration’s efforts to restrict the rights of trans Americans and push them out of public life, the Air Force’s reversal of the pronoun guidance was surprising.
According to reporting in Military.com, the move might have come because officials concluded the rule was in conflict with language in the military appropriations funding legislation passed by Congress in 2023.
The NDAA established that the defense secretary “may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.”
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