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Gay couples discussed in Senate immigration hearing

Napolitano says no greater risk of fraud upon UAFA passage

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United States Secretary of Homeland Security Janet Napolitano, gay news, Washington Blade
United States Secretary of Homeland Security Janet Napolitano, gay news, Washington Blade

Secretary of Homeland Security Janet Napolitano said UAFA would not present a greater risk of fraud. (Washington Blade file photo by Michael Key)

Secretary of Homeland Security Janet Napolitano said on Wednesday that protections for bi-national same-sex couples would result in no greater risk of fraud under U.S. immigration code.

During a hearing on comprehensive immigration reform before the Senate Judiciary Committee, Napolitano made the case for comprehensive immigration reform and answered questions about legislation that would enable gay Americans to sponsor a same-sex foreign partner for residency in the United States.

These couples face separation — and possibly deportation of the foreign national in the relationship — under current law. President Obama has called for a provision addressing this issue as part of his plan for comprehensive immigration reform.

Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) asked whether the Uniting American Families Act — legislation addressing the issue that he introduced on the same day in the Senate — would present a risk of people abusing the system to gain entry to the country.

In response, Napolitano denied any problems with respect to fraud would present themselves upon passage of Leahy’s legislation.

“Our adjudicators are experienced at fraud, fraud detection,” Napolitano said. “We’ve actually increased the number of examiners who focus on this. This is done primarily at [U.S. Citizenship & Immigration Services]. But, no, we don’t see that as a barrier to achieving equality.”

In his opening statement before the hearing, Leahy — saying he wants the committee to complete work on immigration reform legislation “over the next few months” — announced he had introduced the legislation with bipartisan support along with Sen. Susan Collins (R-Maine), who became the first Republican to co-sponsor the legislation in September.

“This legislation will end the needless discrimination so many Americans face in our immigration system,” Leahy said. “Too many citizens, including Vermonters who I have come to know personally and who want nothing more than to be with their loved ones, are denied this basic human right. This policy serves no legitimate purpose and it is wrong.”

UAFA imposes the same restrictions and penalties applied to straight Americans seeking to sponsor a spouse for residency via a marriage-based green card application under the Immigration & Naturalization Act. The penalties for fraud include a maximum of five years in prison and a $250,000 fine.

Shin Inouye, a White House spokesperson, said in response to a query over whether Obama has decided to endorse UAFA that the legislation is in line with Obama’s plan for immigration reform, which includes a provision for bi-national same-sex couples.

“The president has long believed that Americans with same-sex partners from other countries should not be faced with the painful choice between staying with the person they love or staying in the country they love,” Inouye said. “There is already legislation that has been introduced in Congress that would address that, and the president’s proposal tracks that legislation.”

The 12-page testimony that Napolitano submitted to the committee reiterates Obama’s support for bi-national same-sex couples as part of reform, saying his plan “treats the families of same-sex partners the same as other families by giving foreign born same-sex partners of Americans access to the family based immigration system.”

Sen. Chris Coons (D-Del.) — lamenting that the issue is often seen as a “divisive issue or side issue that doesn’t deserve focus”  — followed up later with questions about whether the Obama administration could commit to ceasing the deportation of foreign-nationals in same-sex relationships under current law if nothing is done. Napolitano denied she was able to take such action under the Defense of Marriage Act.

“I cannot give a categorical answer there because of DOMA, and we are charged with enforcing DOMA as well,” Napolitano replied.

LGBT advocates — including Immigration Equality — have been pushing the Obama administration to place on hold the marriage-based green card applications of bi-national same-sex couples until DOMA is stricken from the books. Upon each request, the administration has said it must uphold DOMA.

Under Napolitano, the administration has already taken steps to assist bi-national couples. 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.

Also presenting testimony during a second panel at the hearing was Jose Antonio Vargas, a gay Filipino undocumented immigrant and award-winning journalist.

While his testimony reflected more on the importance of incorporating language as part of reform along the lines of the DREAM Act to allow young, undocumented immigrants like himself a path to citizenship, Vargas talked about being both gay and an undocumented immigrant as reasons why he’s faced challenges in the country.

Under questioning from Sen. Mazie Hirono (D-Hawaii), Vargas said he’s spoken with bi-national same-sex couples and realized the destructiveness of current immigration law.

“It’s been really interesting when you see same-sex couples say I can’t marry and petition of 5, 10, 12 years because we have DOMA, the Defense of Marriage Act,” Vargas said. “The federal government doesn’t acknowledge same-sex marriage even if it happens in New York, for example, or Massachusetts. You really see how broken it is from the perspective of individual lives and their connections to their own communities, and that’s why it was important for me not just to bring my Filipino-American family, but to bring the family that I found at my high school.”

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The White House

Report: Grenell wants Russian ambassadorship

Country’s anti-LGBTQ record a reported barrier

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Special envoy for “special missions” Richard Grenell speaks at the Log Cabin Republicans Big Tent Event in 2024. (Washington Blade photo by Michael Key)

Richard Grenell, President Donald Trump’s special envoy for “special missions,” is making it known that he is interested in the Russian ambassadorship.

According to reporting by the Daily Mail, Grenell has “floated” his interest in the role to coworkers, but issues surrounding the former German ambassador’s sexuality have made securing the position more difficult.

“He had an interest in the job — or at least he floated the idea to select colleagues. But Putin’s regime is extremely anti–LGBTQ, so I’m sure they didn’t take that thought too seriously,” one source close to Grenell told the Daily Mail. “That would never happen anyway.”

Grenell has long been one of Trump’s closest allies and was the first openly gay person to hold a Cabinet-level position. He was ousted last month as acting director of the Kennedy Center, a position he had held since Trump reestablished the board to be composed of his political supporters in 2025.

In addition to leading the nation’s cultural arts center, Grenell previously served as the U.S. ambassador to Germany from 2018 to 2020, and as the special presidential envoy for Serbia and Kosovo peace negotiations from 2019 to 2021. He was also a State Department spokesperson to the U.N. under the George W. Bush administration and a Fox News contributor.

Russia has a longstanding history of being anti-LGBTQ.

In 2013, the country passed a law banning any public endorsement of “nontraditional sexual relations” among minors. In December 2022, Putin signed legislation expanding the ban, making it illegal to promote same-sex relationships or suggest that non-heterosexual orientations are “normal” for people of any age, widening censorship across media and public life.

The Russian courts have also supported the restriction of LGBTQ identity in the country. In November 2023, Russia’s Supreme Court granted a request from the Justice Ministry to outlaw the “international LGBT movement” as “extremist,” allowing authorities to criminalize advocacy and potentially prosecute individuals for expressions of LGBTQ+ identity or support.

In addition to LGBTQ rights issues, the war between Russia and Ukraine has become a global concern. Ukraine, which was part of the former Soviet Union, includes the territory known as Crimea, which Russia annexed in 2014. The annexation remains a major point of international dispute over sovereignty. Since 2022, Russia’s large-scale invasion of Ukraine has escalated the conflict, drawing global attention and sanctions while straining U.S.-Russia relations.

The U.S. has spent $188 billion in total related to the war in Ukraine since the Russian invasion in February 2022, according to the Council on Foreign Relations.

The Russian ambassadorship seems to be a difficult role to fill, according to additional information presented by the Daily Mail. With Trump already being seen as relatively positive by Russian President Vladimir Putin, and with close ties to members of his Cabinet and family — like son-in-law Jared Kushner — the ambassadorship is complicated and viewed as less critical than in previous administrations.

“There is no rush to fill that role because it has now been deemed unnecessary,” another source told the U.K.-based publication.

Bob Foresman, a seasoned businessman with decades-long ties to the Kremlin, was reportedly once the frontrunner, according to the Daily Mail. Foresman served as vice chair of UBS Investment Bank and Deputy Chairman of Renaissance Capital between 2006 and 2009, and earlier led investment banking for Russia at Dresdner Kleinwort Wasserstein from 1997 to 2000.

“This is a pattern, especially in the Trump administration — special envoys big–footing the ambassadors,” a source told the Daily Mail. “It is shocking that we are already in April and we don’t have an ambassador to one of the most important countries in the world.”

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Iran

LGBTQ groups condemn Trump’s threat to destroy Iranian civilization

Ceasefire announced less than two hours before Tuesday deadline

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President Donald Trump (Washington Blade photo by Michael Key)

The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.

Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET on Tuesday.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.

Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.

“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”

The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”

“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.

“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”

The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.

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