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Baldwin reflects on first 100 days as U.S. senator

Lesbian lawmaker sees movement on ENDA, anti-bullying measures

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Tammy Baldwin, Wisconsin, United States Senate, Democratic Party, gay news, Washington Blade
Tammy Baldwin, Wisconsin, United States Senate, Democratic Party, gay news, Washington Blade

Sen. Tammy Baldwin (D-Wis.) will reach her 100th day in the U.S. Senate on Saturday. (Washington Blade photo by Michael Key)

The lesbian lawmaker who made history last year by becoming the first openly gay member of the U.S. Senate is about to mark another milestone: her first 100 days in office.

Saturday will mark 100 days in office for Tammy Baldwin, who was sworn in as the junior senator from Wisconsin on Jan. 3.

In an interview with the Washington Blade this week, Baldwin said nothing has surprised herĀ since she took office in the Senate because the upper chamber of Congress is so obviously different from the House, where she served for 14 years.

“On the home front, the difference is between representing a whole state and representing a slice of that state that’s reconfigured every 10 years,” Baldwin said. “That’s a big difference, and I come from a big state, a state with a really interesting political history. And so, that’s really, really exciting for me personally to represent the whole state of Wisconsin.”

Another key change for Baldwin is the relative ease of getting to know her 99 colleagues in the Senate as opposed to the 434 members with whom she served in the larger House.

“It may be just catching up with people on the walk to the Capitol or an elevator ride — or all the people who’ve already reached out and said, ‘Let’s have dinner, let’s have coffee, let’s get to know each other and find out where our common ground is,” Baldwin said. “It’s one of the things I love about the legislative process — trying to build majority support for certain ideas. A lot of that is done on that person-to-person level. And it’s much tougher in the House.”

And Baldwin is undertaking outreach for the LGBT community as she completes her first 100 days in office. On April 18, the D.C.-based Whitman-Walker Health will honor the senator with its Partner for Life Award at the “Be the Care” event. On Sunday, Baldwin gave a well-received keynote speech at the Gay & Lesbian Victory Fund’s annual champagne brunch in D.C.

In terms of LGBT issues, the most prevalent topic in the U.S. Senate these days isn’t legislation, but senators coming out for marriage equality. Just this week, Sen. Tim Johnson (D-S.D.) added his name to the list of senators, making a total of 54 in support of marriage equality.

Baldwin said the trend of U.S. senators coming out in favor of marriage equality reflects a growing trend nationwide. A widely cited poll from the Washington Post found that 58 percent of the American public now backs marriage rights for gay couples.

“In many cases, just like the president’s evolution on the issue, it’s been because of individuals wanting their neighbors, their relatives, their friends who are part of the LGBT community to have full and equal rights, including the right to marry the person they love and protect their own families,” Baldwin said. “I think sometimes you see elected officials leading, sometimes you see elected officials following. As long as they get to the right place, I celebrate either way.”

While many of these senators talked about consideration of their gay friends and colleagues before making their announcements, Baldwin said no U.S. senator spoke to her for her perspective as a lesbian in the days before they made their announcements because they were in the middle of spring recess.

And Baldwin has little patience for members of the LGBT community who criticized Republican Sen. Rob Portman (Ohio) for endorsing marriage as a result of his son coming out as gay.

“Obviously, he had a choice between whether to change his mind and do so privately, or change his mind and do so publicly,” Baldwin said. “I think it took courage for him to make this announcement, and, frankly, as I said earlier, the major factor for most Americans changing their mind is because of someone they know, someone they love, someone they work with. And so this is how most Americans change their mind, and I think that’s a great thing. I’m certainly not going to criticize it, and I would ask again, for those who are critical of Sen. Portman and support marriage equality, we want people to get to that place and be ready to take that stance, and we don’t really care what their journey is. We just want them to get there.”

Baldwin sees movement on ENDA, anti-bullying measures

Baldwin has relatively optimistic views about Senate advancement of pro-LGBT bills in the remainder of the 113th Congress.Ā She had particularly high hopes for legislation overseen by a panel on which she serves — the Senate Health, Education, Labor & Pensions Committee — foreseeing advancement of both the Employment Non-Discrimination Act and the Student Non-Discrimination Act.

Recalling that Senate HELP Committee Chair Tom Harkin (D-Iowa) has pledged to move the legislation to the floor this year, Baldwin said we’ll “very likely” see ENDA advance in the Senate.

Although Baldwin sees a path in the Senate for ENDA — even a floor vote — it ends there. She wasn’t optimistic that the House under Speaker John Boehner (R-Ohio) would be amicable to the legislation.

“I’m feeling optimistic that we can get a floor vote on ENDA,” Baldwin said. “I’m feeling fairly pessimistic about the chances of ENDA moving ahead in the House as currently composed.”

On the issue of bullying, Baldwin was optimistic that both chambers would approve legislation — provided the Senate undertakes education reform known as Elementary & Secondary Education Act reauthorization and includes the measure in the larger vehicle. Legislation that has addressed these issues are the Student Non-Discrimination Act and the Safe Schools Improvement Act.

“I think the prospect for either a Student Non-Discrimination Act within that bill or an anti-bullying measure within that bill — or even both — remains a distinct possibility,” Baldwin said. “And that is something that I think may be able to pass through both houses of Congress — especially given earlier action in the House on the Violence Against Women Act that had LGBT-inclusion. It suggests a willingness to act in similar ways to protect LGBT youth.”

Baldwin based on her distinction on the chances of passing ENDA and an anti-bullying inclusive education reform bill on the temperament of House Republican leadership — as well as passing the LGBT measure as one segment of another vehicle.

“I would say the parallel between VAWA and the ESEA is if we can make these very important provisions a part of a bill that gains some momentum, and that the Republicans in the House see as must-pass legislation, our prospects are brighter,” Baldwin said.

Although she predicts movement on ENDA, Baldwin also said she expects changes to ENDA upon reintroduction, which she anticipates later this month. The Blade previously reported the legislation was under review before its planned reintroduction later this month.

Baldwin didn’t detail the ways in which the legislation would be changed, butĀ talked vaguely about changes to ENDA that are the result of lessons learned from states and municipalities that have enacted non-discrimination policies based on sexual orientation and gender identity.

“I certainly think there’ll be some changes based on the hard work of advocacy and legal defense organizations across the U.S. where lessons have been learned from state level legislation, and we want to capture some of those changes in the proposal that’s introduced in the Senate,” Baldwin said. “That said, there’s also always the counter-attention of trying to keep all the range of supportive organizations on board and all of the, not only all of the prior sponsors of the legislation, but obviously you want to build on that to gain momentum. So, I think that’s the — as I understand it — the process that’s ongoing right now, and we hope it’ll come to a conclusion shortly so that the bill can be introduced.”

As previously reported by the Blade, Baldwin confirmed two areas where ENDA is under reconsideration are the religious exemption, which was previously in line with Title VII of the Civil Rights Acts of 1964, and disparate impact, an issue previously unaddressed by ENDA that deals with discriminatory action by employers that isn’t discriminatory on its face.

Thoughts on immigration, court cases

Another piece of legislation of interest to the LGBT community is the immigration reform bill that the “Gang of Eight” in the U.S. Senate is expected to make public soon. The Blade reported earlier this week that the Uniting American Families Act — legislation that would enable gay Americans to sponsor their foreign same-sex partners for residency in the United States — is unlikely to be included as part of the agreement.

That’s an expectation shared by Baldwin. Still, she said she expects Sen. Patrick Leahy (D-Vt.), the sponsor of UAFA in the Senate, to attempt to amend any legislation that goes through the Senate Judiciary Committee with a provision to include gay couples.

“We have the very strong potential of having the Judiciary Committee look at the some of the areas where the ‘Gang of Eight’ on immigration have left silent,” Baldwin said. “I expect that the committee will do that. And I’m very hopeful about the odds of UAFA ultimately becoming a part of the immigration reform measure.”

While not a member of the Gang of Eight producing the initial immigration reform legislation, Baldwin said she has been speaking with members of the Judiciary Committee about including UAFA as they address the bill.

“I certainly keep in touch with members of the Senate Judiciary Committee and have been voicing my strong interest in seeing them take up UAFA as an amendment at that stage of consideration of the bill,” Baldwin said.

The legislative front isn’t the only place where LGBT advances are expected. The U.S. Supreme Court is expected to rule in June in two marriage equality-related lawsuits: one challenging California’s Proposition 8, the other challenging the Defense of Marriage Act.

Baldwin, who attended oral arguments in the DOMA case, said she’s hopeful about an outcome that would enable the federal government to recognize legally married same-sex couples.

“I’m very hopeful that there will be a determination that DOMA is unconstitutional,” Baldwin said. “My hope is that then marriages would be recognized by the federal government regardless of venue or jurisdiction, but that really is one of the key issues that people are watching, and again, we don’t know how broadly the court will apply its decision.”

Although she wasn’t in attendance for the Prop 8 arguments, Baldwin was hopeful about a positive court ruling, although she didn’t know what the scope of the ruling would ultimately be.

“The feeling that the court may basically rule it’s improperly before the Supreme Court at this time either because of standing issues or because they basically made a premature decision to take up the case,” Baldwin said. “In either event, my understanding is that the lower court ruling, which declared Proposition 8 unconstitutional, would stand, but, unfortunately, that would mean the reach was only to the State of California, not nationally.”

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Congress

Goodlander endorses Pappas’s Senate bid

Announcement puts gay congressman on the path to securing his party’s nomination

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U.S. Rep. Chris Pappas (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Rep. Maggie Goodlander (D-N.H.) on Thursday announced she will not run to represent her state in the U.S. Senate, endorsing gay U.S. Rep. Chris Pappas’s (D-N.H.) bid for the seat of retiring U.S. Sen. Jeanne Shaheen, putting him on the path to secure the Democratic nomination.

“We are in the fight of our lifetimes right now, of a moment of real crisis and challenge,” she said. “I feel humbled and grateful to so many people across our state who have encouraged me to take a look at the U.S. Senate, and after a lot of thought and conversations with people I love and people I respect and people who I had never met before, who I work for in this role right now, I’ve decided that I’m running for re election in the House of Representatives.”

When asked by a reporter from the ABC affiliate station in New Hampshire whether she would endorse Pappas, Goodlander said, “Yes. Chris Pappas has been amazing partner to me in this work and for many years. And I really admire him. I have a lot of confidence in him.”

She continued, “He and I come to this work, I think with a similar set of values, we also have really similar family stories. Our families both came to New Hampshire over 100 years ago from the very same part of northern Greece. And the values that he brings to this work are ones that that I really, really admire. So I’m proud to support him, and I’m really excited to be working with him right now because we’ve got a lot of work to do.”

“Maggie Goodlander has dedicated her career to service, and we can always count on her to stand up to powerful interests and put people first,” Pappas said in a post on X. “I’m so grateful to call her my friend and teammate, and I’m proud to support her re-election and stand with her in the fights ahead.”

Earlier this month, former New Hampshire Gov. Chris Sununu, a Republican, announced he would not enter the Senate race, strengthening the odds that Democrats will retain control of Shaheen’s seat.

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Congress

EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

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Andry HernƔndez Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry HernĆ”ndez Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.

Garcia noted that HernƔndez, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing HernƔndez during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

HernĆ”ndez’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting HernĆ”ndez’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. HernĆ”ndez Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. HernĆ”ndez Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for HernĆ”ndez’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”Ā 

HernĆ”ndez’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding HernĆ”ndez’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

HernĆ”ndez ā€œwas denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,ā€ the governor wrote. ā€œWe are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing HernƔndez, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

ā€œUnder the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,ā€ she said. ā€œIn Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.ā€

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,ā€ Toczylowski said.

In March, a DHS spokesperson posted on X that HernĆ”ndez’s ā€œown social media indicates he is a member of Tren de Aragua,ā€ though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity. Ā 

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.

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Congress

House Republicans advance two anti-trans education bills

Congresswoman Jahana Hayes, LGBTQ groups slammed the effort

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U.S. Rep. Tim Walberg (R-Mich.) chair of the House Education and Workforce Committee (Photo public domain)

Republicans members of the House Education and Workforce Committee advanced two anti-transgender bills on Wednesday, one that would forcibly out students in public elementary and middle schools to their parents and a second covering grades K-12 that critics have dubbed a “don’t say trans” bill.

More specifically, under the PROTECT Kids Act, changes to “a minor’s gender markers, pronouns, or preferred name on any school form or sex-based accommodations, including locker rooms or bathrooms” could not be made without parental consent, while the Say No to Indoctrination Act would prohibit schools from teaching or advancing “gender ideology” as defined by President Donald Trump’s anti-trans Jan. 20 executive order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

U.S. Rep. Jahana Hayes (D-Conn.), who was named national teacher of the year before her election to Congress, rose to speak out against the bills during the committee’s convening on Wednesday.

“Curriculum does not include teaching students to be something else. Curriculum does not include indoctrinating students to identify as gay or LGBTQ or other or anything. But federal law mandates that all students have civil rights protections,” she said.

The congresswoman continued, “I don’t really understand what the members of this committee think happens in schools, but my question is, what do we do with these children? The children who you are saying, on this committee, don’t exist, the children who are struggling with their identity and often times confide in their teachers and ask for support and help.”

“What we’re doing in this committee is focusing on a small population of students who are at a point in their life where they are struggling and school may, for many of them, feel like the only safe place or the only place where they can get support, or the only place where they can speak to a counselor,” Hayes said.

“And as a teacher, I don’t care if it was just one student that I had to reassure that they were important and they were valued and they belonged here,” she said. “I’m going to do it, and anyone who has dedicated their life to this profession will do the same. So the idea that you all feel okay with arbitrarily erasing, disappearing people, making them think that they they don’t exist, or they don’t have a place in schools, or the curriculum should not include them, or whatever they’re feeling should not be valued, considered, Incorporated, is just wrong.”

“So I will not be supporting this piece of legislation, as if that was not already evident, and I will be using all of my time, my agency, my energy, my advocacy, to ensure that every student,” Hayes said, “feels valued, respected, important and included in the work that I engage in on this committee.”

The congresswoman concluded, “when you are in a classroom and you are a teacher, and that door closes and a student falls in your arms and says to you, I am struggling, and I can’t go home with this information, and I need Help, you have a moral responsibility to help that child or you are in the wrong profession. I yield back.”

The Congressional Equality Caucus slammed the bills in an emailed statement from the chair, U.S. Rep. Mark Takano (D-Calif.), who noted that the legislation comes as “Donald Trump is illegally trying to dismantle the Department of Education and pass tax cuts for billionaires.”

“Extreme Republicans in Congress are trying to distract Americans by advancing cruel, anti-trans legislation,ā€ said the congressman, who is gay. ā€œSchool districts, teachers, and staff best understand how to draft age-appropriate, inclusive curriculums and craft policies that both respect the important role parents play in children’s education and the importance of students’ safety.”

“Yet, Republicans’ Don’t Say Trans Act would cut critical funding for schools if their teachers teach lessons or include materials that simply acknowledge the reality of trans peoples’ existence,” Takano added. “Republicans’ forced outing bill would put kids in danger by requiring schools that want to take certain steps to affirm a transgender student’s identity to forcibly out them to their parents — even if the school knows this will put the student’s safety at risk.”

The caucus also slammed the bills in a series of posts on X.

The Human Rights Campaign also issued a statement on Wednesday by the organization’s communications director, Laurel Powell:

ā€œInstead of putting our dangerous President in check and tackling the American economy’s free fall, House Republicans showed where their priorities lie — giving airtime to junk science and trying to pass more anti-LGBTQ+ legislation.

“Forcing teachers to ā€˜out’ trans youth rather than supporting them in coming out to their families and demanding that schools ignore the trans students who sit in their classrooms is a craven attempt to distract people from economic disaster by vilifying children.

“Even as they fire people whose jobs were to make sure schools have the resources they need, the Trump administration and their allies in Congress continue to attack vulnerable young people to score points with the far right.ā€

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