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Hearing in the works for federal ‘religious freedom’ bill

Critics say measure would enable anti-LGBT discrimination

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Jason Chaffetz, gay news, Washington Blade
Jason Chaffetz, gay news, Washington Blade

Rep. Jason Chaffetz (R-Utah) isĀ planning a hearing on “religious freedom” legislation forĀ the House Oversight & Government Reform Committee. (Washington Blade file photo by Michael Key)

Congress has mostly stayed out of the “religious freedom” fight as states pass legislation allowing anti-LGBT discrimination for religious reasons, but that may soon change.

AĀ U.S. House committeeĀ is planningĀ a hearing on the First Amendment Defense Act, a “religious freedom” bill with the purported purpose of preventing federal government action againstĀ individuals and businesses thatĀ oppose same-sex marriage for religious reasons. Critics say it essentially carves out a legal exemption for anti-LGBT discrimination.

The legislation was introduced by Rep. Raul Labrador (R-Idaho) in the U.S. House and Sen. Mike Lee (R-Utah) in the U.S. Senate.

M.J. Henshaw, a spokesperson for the House Oversight & Government Reform Committee, said the panel is “working towards a hearing” on the legislation, although no date has been scheduled.

A follow-up email on whether the hearing was likely before the end of this month wasn’t returned. It remains to be seen if a committee vote or consideration on the House floor will follow the hearing.

Chaired by Rep. Jason Chaffetz (R-Utah), the House Oversight & Government Reform Committee is packed with conservative Republicans, including Rep. Steve Russell (R-Okla.), who recently attached to a major defense spending bill an amendment that would undermine President Obama’s executive order prohibiting anti-LGBT workplace discrimination among federal contractors.

The anti-LGBT National Organization for Marriage has been pushing for a hearing on the First Amendment Defense Act in a campaign it calls “Fax for FADA.” The effort encourages supporters to sign a petition in support of the legislation, which triggers a fax sent to House Republican leadership and the House Oversight & Government Reform Committee. According to the National Organization for Marriage’s website, the petition as of Wednesday had 3,870 signatures.

Brian Brown, president of the National Organization for Marriage, wrote in a blog post the “Fax for FADA” effort “is making a big impact.”

“Word is that the First Amendment Defense Act (FADA) will be scheduled for a hearing very soon,” Brown writes. “Our faxes to the House Republican leadership and members of the House Oversight and Government Reform committee are having an impact!”

Upon its introduction last year in an attempt to counter the expected ruling from the U.S. Supreme Court in favor of same-sex marriage nationwide, the First Amendment Defense Act is seen as an attempt to make a carve out intoĀ that decision without entirely overturning it.

Among other things, LGBT advocates have said the legislation as introduced would 1) permit a federal employee to refuse to process tax returns, visa applications or Social Security checks for same-sex couples; 2) allow recipients of federal grants and contracts, including those for social services programs like homeless shelters and substance abuse treatment programs, to turn away LGBT people; and 3) permit anyone who believes they have been somehow required by the federal government to approve of married same-sex couples to file a lawsuit and potentially receive damages from taxpayer funds.

Roddy Flynn, executive director of the LGBT Equality Caucus, said the legislation is akin to controversial state anti-LGBT laws recently enacted in North Carolina and Mississippi, calling the plannedĀ hearingĀ the latest “in a string of attacks on LGBT people.”

“First North Carolina and Mississippi, then the NDAA amendment, now a hearing on FADA, some lawmakers are determined to permit discrimination at all costs,” Flynn said. “These measures are not about religious liberty or the First Amendment, they are attempts to roll back hard fought protections that provide stability and security to LGBT people. With the incredible backlash against North Carolina’s law, it is shocking some lawmakers are doubling down on this much more radical bill. FADA goes far beyond North Carolina’s anti-LGBT law, giving a license to discriminate for anyone who doesn’t like LGBT people.ā€

On the Senate side, Lee has presented a new version of the First Amendment Defense Act that limits that carve-out for opponents of same-sex marriage, although the update hasn’t officially been filed.

The new version, which is displayed on Lee’s website, spells out protections from government action won’tĀ apply to publicly traded for-profit entities; federal employees acting within the scope of their employment; federal for-profit contractors acting within the scope of their contracts; and hospitals and nursing homes with respect to visitation, decision-making on health care and certain treatments.

Conn Carroll, a Lee spokesperson, said Tuesday the version of the First Amendment Defense Act on Lee’s website is the “up to date” version of the legislation.

ā€œThis finalized version of the First Amendment Defense Act, which we’ve been working with religious liberty experts on for months, makes crystal clear that we are only seeking to prevent federal government discrimination against people and institutions that define marriage as a union between one man and one woman,” Carroll said.

On the House side, Labrador’s office didn’t respond to the Washington Blade’s request to comment onĀ the article or to confirm if the updated Senate version is the new House version as well.

Ian Thompson, legislative representative for the American Civil Liberties Union, said the legislation remains discriminatory against LGBT people regardless of the change.

“It is disappointing that some Republicans in the House have failed to learn the lessons that Governors Pence, McCrory and Bryant now know all too well,” Thompson said. “Embarking down this discriminatory road is going to meet with the swift backlash that it deserves.”

Thompson said one example of discrimination the bill would still allow is permitting certain federal contractors or grantees, including those that provide social services like homeless shelters or drug treatment programs, to turn away LGBT people, same-sex couples or anyone who has a sexual relationship outside of a marriage, such as a single mother.

“Whether in its original or 2.0 versions, FADA is about permitting taxpayer-funded discrimination,” Thompson said. “This legislation is beneath who we are as a nation. I hope that Speaker Ryan and Chairman Chaffetz will reconsider the wisdom of putting such a bright spotlight onto such an ugly, mean-spirited bill.”

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India

Opposition from religious groups prompts Indian Pride group to cancel annual parade

Event was to have taken place in Amritsar on April 27

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(Washington Blade photo by Ernesto Valle)

Pride Amritsar, a student-led organization in the Indian state of Punjab, earlier this month announced the cancellation of its Pride parade that was scheduled to take place on April 27, citing opposition from certain religious groups.

The event, planned for the Rose Garden in Amritsar, a city revered as a spiritual center of Sikhism, had faced mounting resistance from Sikh religious organizations, including the Nihang Singh faction and the Akal Takht, the faith’s highest temporal authority. These groups labeled the parade as ā€œunnaturalā€ and urged local authorities to deny permission, citing its potential to disrupt the city’s religious sanctity.

In an Instagram post on April 6, Pride Amritsar organizers Ridham Chadha and Ramit Seth elaborated on its mission and the reasons for the cancellation. 

ā€œSince 2019, we have organized peaceful parades and celebrations in Amritsar to connect and uplift the LGBTQIA+ community, with a particular focus on transgender individuals and their rights,ā€ their statement read.

Chadha and Seth highlighted Pride Amritsar efforts in providing guidance, counseling, and job opportunities, which have been met with positive responses. However, due to opposition this year, Pride Amritsar announced the cancellation of the 2025 parade. 

ā€œWe have no intention of harming the sentiments of any religious or political groups,ā€ the statement read. ā€œThe safety of our members is our top priority, and we will take all necessary measures to ensure their protection.ā€

Chadha and Seth spoke with the Washington Blade about their decision to cancel the parade.

They explained that resistance came from both religious and political groups who labeled the parade and its values as anti-Sikh and contrary to Punjabi and Indian cultural norms. Critics specifically objected to the event’s location in Amritsar, a city regarded as a sacred center of Sikhism, arguing that the parade would disrupt its spiritual purity.

Chadha and Seth stressed Pride Amritsar lacks political, financial, or legal support. Composed of students and young professionals, the group organizes the parade biennially, dedicating personal time to advocate for the LGBTQ community.

ā€œWe do it independently, crowdfund the parade and cover the rest with our pockets,ā€ said Seth and Chadha. 

When asked by the Blade why Pride Amritsar did not approach the High Court or local authorities to protect the parade, despite the Supreme Court’s 2018 ruling that decriminalized consensual same-sex sexual relations, Chadha and Seth cited significant barriers.

ā€œPursuing legal action in India requires substantial resources, both financial and temporal,ā€ they explained. 

Chadha and Seth also noted that such action could lead to public shaming and unwanted publicity for participants, potentially harming their careers in Amritsar. They therefore chose not to pursue legal recourse.

Chadha and Seth said Pride Amritsar does not have any plans to hold alternative events.

ā€œWe are still exploring options, but we are likely not holding any events this year,ā€ they said, citing significant harassment that organizers faced and the need for time to plan how to best serve the local LGBTQ community moving forward.

ā€œOur evaluation of what the biggest challenge is has changed after this year,ā€ said Chadha and Seth to the Washington Blade. ā€œThe biggest challenge, by far, seems to be education. We need to educate the community about what the community is, does, and why it exists. Why we do parades. Why we dance. Why calling someone ā€˜chakka’ is harmful. How we actually fit into religion and fall within the guidelines.ā€

Chadha and Seth said organizing the parade in Amritsar since 2019 has been an uplifting experience, despite continued opposition.

ā€œThe moment you join the parade, chant a slogan, or sing a song, it’s transformative,ā€ they said. ā€œFear vanishes, and a sense of freedom takes over.ā€ 

The cancellation of the 2025 Amritsar Pride Parade has sparked concerns among activists in Punjab, as the Indian Express reported. 

The Punjab LGBT Alliance and other groups expressed concern that the decision to cancel the parade may strengthen opposition to future LGBTQ-specific events. 

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District of Columbia

D.C. police seek help in identifying suspect in anti-gay threats case

Victim threatened with assault, called ā€˜faggot’ as he left Capitals game

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D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera.

D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera after he allegedly shouted anti-gay slurs and threatened to assault a man at 6th and H Streets, N.W. on March 20 at about 9:54 p.m.

A police report says the victim told police the incident took place shortly after he exited the nearby Capital One Arena where he had attended a Washington Capitals hockey game.

The police report says the incident began when the victim saw the suspect yell a racist slur at a person behind the victim and started to berate a valet operator.

ā€œSuspect 1 then turned his attention to Victim 1 and called him a ā€˜faggot’ among other homophobic slurs,ā€ the report says. It says the victim then used his phone to record the suspect, prompting the suspect to walk away before returning and ā€œsnatchingā€ the phone from the victim’s hand.

ā€œSuspect 1 walked several feet as Victim 1 followed, requesting his phone back,ā€ the report continues. ā€œSuspect 1 stopped and turned to Victim 1 and while yelling other obscenities exclaimed ā€˜if you keep recording, I’m going to kick your ass.ā€™ā€ The report concludes by saying the victim was able to recover his phone.

It lists the incident as a ā€œThreats To Do Bodily Harmā€ offense that is a suspected hate crime.

ā€œAnyone who can identify this suspect or has knowledge of this incident should take no action but call police at 202-727-9099, or text your tip to the Department’s TEXT TIP LINE at 50411,ā€ according to a separate police statement released April 23.

The statement says police currently offer an award of up to $1,000 to anyone who can provide information that leads to an arrest and indictment of the person or persons responsible for a crime committed in D.C.

D.C. police spokesperson Tom Lynch said the case has been under investigation since the incident occurred on March 20. He said the video image of the suspect, most likely obtained from a security camera from a nearby business, was released to the public as soon as it was obtained and processed through the investigation.

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District of Columbia

Wanda Alston Foundation names new executive director

Longtime LGBTQ rights advocate Cesar Toledo to succeed June Crenshaw

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Cesar Toledo is the new executive director of the Wanda Alston Foundation. (Photo courtesy of the Wanda Alston Foundation)

The Wanda Alston Foundation, the D.C.-based organization that has provided housing and support services for homeless LGBTQ youth since its founding in 2008, announced it has appointed longtime LGBTQ rights advocate Cesar Toledo as its new executive director.

In an April 22 statement, the organization said that as part of a planned leadership transition launched in November 2024, Toledo will succeed June Crenshaw, who Alston Foundation officials and LGBTQ community activists say has led the organization with distinction in her role as executive director for the past nine years.

In a statement released last November, the foundation announced Crenshaw was stepping down from her role as executive director after deciding to ā€œto step into her next chapter.ā€

ā€œJune’s leadership has been truly transformative,ā€ said Alston Foundation Board Chair Darrin Glymph in the group’s April 22 statement. ā€œWe are immensely grateful for her dedication and equally excited for the energy and experience that Cesar brings to lead us into this next chapter,ā€ Glymph said. 

ā€œA seasoned LGBTQ+ advocate, Cesar brings over a decade of experience leading national campaigns, shaping public policy, and building inclusive communities,ā€ the statement released by the group says. ā€œMost recently, he served as the National LGBTQ+ Engagement Director for the Harris for President Campaign and has built a career focused on advancing equality and equitable education,ā€ it says.

Biographical information about Toledo shows that immediately prior to working for the Harris For President Campaign, he served since April 2023 as deputy director for Democrats for Education Reform DC (DFER DC),  a political group that helps to elect candidates for public office committed to quality education for all students, including minorities, people of color and LGBTQ youth. 

Before joining DFER DC, Toledo served as political director for the LGBTQ+ Victory Fund, where he assisted in electing out LGBTQ candidates to all levels of public office across the U.S.

ā€œI’m really excited about joining the Wanda Alston Foundation,ā€ Toledo told the Washington Blade. ā€œAfter a decade of working at the intersection of politics and policy and advancing political candidates and equitable education here in D.C., I wanted to shift my career to direct services to the most vulnerable folks in the LGBTQ+ family and our homeless youth,ā€ he said.

Among other things, he said he would push for increasing the Alston Foundation’s visibility and mainlining its services for LGBTQ youth at a time when the national political climate has become less supportive.

A statement on its website says the Alston Foundation was founded in 2008 ā€œin memory of Wanda Alston, a fierce LGBTQ+ activist, national advocate, and government official who was admired by District residents.ā€

The statement adds, ā€œThe foundation opened the first housing program in the nation’s capital in 2008 providing pre-independent transitional living and life-saving support services to LGBTQ+ youth.ā€

In a separate statement, the Alston Foundation announced it would hold a ā€œthank youā€ celebration of appreciation for June Crenshaw from 6-8 p.m. on May 20 at Crush Dance Bar located at 2007 14th Street, N.W. in D.C.

ā€œLet’s come together to celebrate her dedication and commitment for everything she has done for the LGBTQIA homeless youth population,ā€ the statement says.

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