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Elated plaintiffs call court decisions victory for families

Gay couple in Prop 8 case invites Obama to upcoming wedding

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David Boies, Proposition 8, gay news, Washington Blade
Proposition_8_plaintiffs_victory_with_David_Boies_and_Chad_Griffin_insert_c_Washington_Blade_by_Michael_Key

HRC President Chad Griffin joined plaintiffs in the Prop 8 case on the Supreme Court steps Wednesday. (Washington Blade photo by Michael Key)

The lesbian and gay couples that served as the main plaintiffs in Wednesday’s historic Supreme Court decision overturning California’s Proposition 8 ban on same-sex marriage said the decision would have a profound positive impact on gay families in their home state and beyond.

California residents Kris Perry, after whom the case has been named, and her partner Sandy Stier told reporters and a crowd of onlookers outside the Supreme Court that the enormity of the legal ramifications of the case was for them overshadowed by its impact on their family, especially their four sons.

“Today is a great day for American children and families,” Perry told the gathering. “Sandy and I want to say how happy we are not only to be able to return to California and finally get married but to be able to say to the children in California, no matter where you live, no matter who your parents are, no matter what family you’re in, you are equal.”

Perry added, “And today we go back to California and say to our own children, all four of our boys – your family is just as good as everybody else’s family. We love you as much as anybody else’s parents love their kids. And now we’re going to be equal to every other family in California.”

Californians Jeff Zarrillo and his partner Paul Katami, the other couple that served as lead plaintiff’s in the Prop 8 case, told the gathering outside the Supreme Court that they, too, look forward to returning to their home state to get married.

“Prop 8 allowed us to turn our anger into action,” Katami told the gathering. “So although we celebrate today, we work to make sure that everyone like Jeff and I and Kris and Sandy can just get married because it’s the natural next step in our relationship,” he said.

“We want to join the institution of marriage not to take anything away but to strengthen it, to live up to its ideals.”

In a development that prompted both cheers and tears from onlookers, Katami turned to Zarrillo, his voice breaking, and said, “And today I finally get to look at the man I love and say, ‘Will you marry me?’”

With Zarrillo nodding in the affirmative, the two men kissed and embraced as news photographers TV camera crews recorded their action.

Following the two couples’ initial comments, which came at a news conference organized jointly by the Human Rights Campaign and the American Foundation for Equal Rights (AFER), which initiated the legal challenge to Prop 8 five years ago, the couples walked along the sidewalk outside the Supreme Court building speaking to individual television news outlets whose camera crews lined the sidewalk.

During one of those interviews, HRC President Chad Griffin, who accompanied the couples, excitedly informed them that President Obama just called Griffin’s cell phone from Air Force One, which was taking the president on a state visit to Africa.

Reporters and onlookers watched with interest as Griffin handed his cell phone to the couples, who spoke briefly with Obama.

“It’s incredible,” Griffin told reporters minutes later. “The president just called from Air Force One and he was thanking our team and the plaintiffs for their courage. And he said because of their courage thousands upon thousands of people will be able to join in the celebration of marriage very soon,” Griffin said.

Katami and Zarrillo told people standing near them that they thanked the president for calling them and invited him to their wedding.

“They’re quick,” observed attorney Theodore Boutrous, the law firm partner of lead plaintiff attorney Ted Olsen in the Prop 8 case. Olsen, who was in court on Wednesday in an unrelated case in Philadelphia, wasn’t able to attend the Supreme Court session announcing the Prop 8 decision.

“They get the president on the phone and they invite him to their wedding,” said Boutrous. “So it’s exciting. Not too many cases end with such a joyous thing, that people who want to get married can get married. This is a good one,” he said.

Perry told the Blade she, too, was excited to hear from Obama.

“When the leader of the free world tells a couple like Sandy and I that he respects our relationship and he hopes we can get married soon and show our kids that we’re a family, it says everything,” she said. “We couldn’t be prouder to have him call and tell us that.”

Fred Sainz, HRC’s vice president for communications, said Edith Windsor, 85, the lead plaintiff in the DOMA case, which bears her name, would be celebrating the decision in New York City. Windsor is a New York State resident who challenged DOMA in court following the death of her wife, whom she married in Canada, and the refusal of the IRS to waive her estate tax in the same way that tax is waived for opposite-sex married couples.

With DOMA overturned Wednesday by the Supreme Court, Windsor’s attorneys are expected to call on the IRS to retroactively refund the estate tax she was forced to pay.

Windsor was also scheduled to serve as a grand marshal in New York City’s LGBT Pride Parade this weekend.

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ‘Ending HIV Epidemic’ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommittee’s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Prevention’s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretary’s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal government’s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 “Instead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,” said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

“While we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,” Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as “policy riders” that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would “block the Biden administration’s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.’  The statement says another policy rider would “prevent policies or programs intended to promote diversity, equality, or inclusion.”

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommittee’s bill and its proposed spending cuts. “The bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,” he said.

“Importantly, the bill pushes back on the Biden administration’s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,” Cole said in his statement. “It also preserves long standing bipartisan policy provisions protecting the right to life.”

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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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