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Senate passes LGBT-inclusive domestic violence bill

Advocates hail bipartisan vote; measure heads to House

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United States Capitol Building, dome, gay news, Washington Blade

The U.S. Senate approved on Tuesday LGBT-inclusive legislation that reauthorizes an existing law that aims to provide help to victims of domestic violence.

The Democratic-controlled Senate passed the legislation — the reauthorization of a 1994 law known as the Violence Against Women Act — on a bipartisan basis by a vote of 78-22. It now heads to the Republican-controlled House for consideration.

Rea Carey, executive director of the National Gay & Lesbian Task Force, praised the Senate in a statement for approving legislation that would aid LGBT victims of domestic violence.

ā€œTo be the target of domestic violence, sexual assault, dating violence or stalking is terrifying and traumatic,” Carey said. “Lesbian, gay, bisexual and transgender people are not immune from this violence and should not also fear being turned away from life-saving services because of who they are.”

In a statement, President Obama also commended the Senate for acting on a bipartisan basis to pass the domestic violence legislation.

“This important step shows what we can do when we come together across party lines to take up a just cause,” Obama said. “The bill passed by the Senate will help reduce homicides that occur from domestic violence, improve the criminal justice response to rape and sexual assault, address the high rates of dating violence experienced by young women, and provide justice to the most vulnerable among us.”

The LGBT language found in the bill is the same language found in a bill the Senate passed last year. The House passed its own version of VAWA reauthorization that didn’t include the protections. No agreement was made on a final version of reauthorization last year, so lawmakers are renewing their efforts this year.

The VAWA reauthorization bill passed by the Senate has language that aims to help LGBT victims of domestic violence in three ways:

• First, the legislation mandates all programs or activities that receive funding under VAWA provide services regardless of a person’s actual or perceived sexual orientation or gender identity.

• Second, it explicitly includes the LGBT community in the largest VAWA grant program, the ā€œSTOP Grant Program,ā€ which provides funding to care providers who collaborate with prosecution and law enforcement officials to address domestic violence.

• Finally, the bill sets up a grant program specifically aimed at providing services and outreach to underserved populations, including programs that provide care specifically for LGBT people.

The bill also modifies VAWA by strengthening a tribe’s ability to respond to violence against Native American women; increasing accountability measures for grant programs; and ensuring law enforcement officials receive support to ensure rape kits are promptly tested and to reduce the countrywide backlog.

However, the legislation is different from the bill that the Senate passed last year because lawmakers removed a provision deemed controversial that increases the number of special visas allotted for undocumented immigrant victims of domestic violence. According to a report in Mother Jones, there is a cap of 10,000 of these “U visas” each year, and the government consistently hits this cap.

Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) commended those who worked to pass the legislation in a statement and was optimistic the legislation would reach Obama’s desk.

ā€œThere is strong, bipartisan support for VAWA reauthorization, and together we can finally finish what we started last year,ā€ Leahy said. ā€œWe are deeply indebted to the women and men around the country who have been working with us and have been steadfast in their commitment to the victims and to our efforts to combat domestic violence, dating violence, stalking, and sexual assault.ā€

All 55 senators who caucus with the Democrats voted in favor of the LGBT-inclusive Senate legislation. The 23 Republicans who joined them are Sens. Lamar Alexander (R-Tenn.), Kelly Ayotte (R-N.H.), Richard Burr (R-N.C.), Saxby Chambliss (R-Ga.), Dan Coats (R-Ind.), Thad Cochran (R-Miss.), Susan Collins (R-Maine), Bob Corker (R-Tenn.), Mike Crapo (R-Idaho), Deb Fischer (R-Neb.), Jeff Flake (R-Ariz.), Dean Heller (R-Nev.), John Hoeven (R-N.D.), Johnny Isakson (R-Ga.), Mark Kirk (R-Ill.), John McCain (R-Ariz.), Jerry Moran (R-Kansas), Lisa Murkowski (R-Alaska), Rob Portman (R-Ohio), Richard Shelby (R-Ala.), Pat Toomey (R-Pa.), David Vitter (R-La.) and Roger Wicker (R-Miss.).

But 22 Republicans voted against the bill: Sens. John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), John Boozman (R-Ark.), Tom Coburn (R-Okla.), John Cornyn (R-Texas), Ted Cruz (R-Texas), Mike Enzi (R-Wyo.), Lindsey Graham (R-S.C.), Charles Grassley (R-Iowa), Orrin Hatch (R-Utah), Jim Inhofe (R-Okla.), Mike Johanns (R-Idaho), Ron Johnson (R-Wis.), Mike Lee (R-Utah), Mitch McConnell (R-Ky.), Rand Paul (R-Ky.), James Risch (R-Idaho), Pat Roberts (R-Kansas), Marco Rubio (R-Fla.), Tim Scott (R-S.C.), Jeff Sessions (R-Ala.), and John Thune (R-S.D.)

It’s unclear whether the Republican-controlled House will act to pass the LGBT-inclusive legislation. According to a report fromĀ The Huffington Post‘s Jennifer Bendery, a group of 17 House Republicans sent a letter to U.S. House Speaker John Boehner (R-Ohio) and House Majority Whip (R-Va.) urging them to pass a bipartisan version of VAWA reauthorization.

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U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

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U.S. Supreme Court (Washington Blade photo by Michael Key)

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue ā€œthe storybooks were chosen to disrupt ā€˜cisnormativity’ and ā€˜either/or thinking’ among students.ā€ 

ā€œThe board’s own principals objected that the curriculum was ā€˜not appropriate for the intended age group,’ presented gender ideology as ā€˜fact,’ ā€˜sham[ed]’ students with contrary opinions, and was ā€˜dismissive of religious beliefs,ā€™ā€ according to the petition on the Supreme Court’s website. 

The petition goes further, saying the parents are ā€œnot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ā€˜to change their religious beliefs or conduct.ā€™ā€

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together ā€œadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā€ will participate in the ā€œRally for Inclusive Educationā€ rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

ā€œInclusive education isn’t just a value — it’s a necessity,ā€ said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. ā€œThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā€

The Coalition for Inclusive Schools and Communities says the rally is a ā€œnonpartisan community gathering rooted in education, advocacy, and solidarity.ā€ 

ā€œThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā€ it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

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National

EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality

A4TE formed last year when two transgender rights groups merged

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Rodrigo Heng-Lehtinen (Photo courtesy of Rodrigo Heng-Lehtinen)

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.

The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.

ā€œNow that we’ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, it’s time for me to take my next step,ā€ said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. ā€œWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. I’m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, I’m now ready to move on to my next chapter.ā€  

Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”

“With my background in persuasion and messaging, it’s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”

Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.

ā€œWe thank Rodrigo for his years of dedicated leadership and service,ā€ said Marra. ā€œA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.ā€Ā 

Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.

“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. I’ve always felt deeply supported and heard by him, which is something I value deeply.ā€

ā€œI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle. 

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

ā€œThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā€ said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

ā€œBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā€

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