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Democratic leaders urged to restrict Supreme Court jurisdiction over marriage, abortion

Roe v. Wade overturned last month

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Outside the U.S. Supreme Court on June 24, 2022, after it overturned Roe v. Wade. (Washington Blade photo by Michael Key)

In a letter to Democratic leaders on Capitol Hill, 10 Democratic members of the U.S. House of Representatives asked for support in establishing and protecting nationwide privacy rights that include abortion and marriage equality. 

The letter, addressed to House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Chuck Schumer (D-N.Y.), calls on party leaders to support a push to restrict the U.S. Supreme Court’s jurisdiction over matters and decisions regarding certain privacy-related rights.

ā€œWe write to urge your support for restricting the Supreme Court’s appellate jurisdiction in the areas of abortion, marriage equality, non-procreative intimacy and contraception,ā€ the members of Congress wrote. ā€œIn doing so, we can ensure that, as Congress takes legislative action to codify each of these fundamental rights, a radical, restless and newly constituted majority on the court cannot further undermine the protections we would enact.ā€

Although Congress cannot remove the Supreme Court from cases falling under its original jurisdiction, Article III of the Constitution does grant Congress the power to strip the court’s jurisdiction in appellate cases. 

Appellate jurisdiction pertains to a court hearing, reversing or amending a lower court’s previous decision on a case.

The signatories of the letter to Democratic leadership pointed to instances in which the Supreme Court itself has reaffirmed such congressional power in the past.

ā€œMost recently, in Patchak v. Zinke (2018), Justice Thomas held for the court that, ā€˜When Congress strips federal courts of jurisdiction, it exercises a valid legislative power no less than when it lays taxes, coins money, declares war, or invokes any other power that the Constitution grants it,ā€ they wrote. ā€œā€˜Indeed, this court has held that Congress generally does not violate Article III when it strips federal jurisdiction over a class of cases.ā€™ā€

The letter comes amid a new era of heightened tension between the Supreme Court and a number of members of Congress who have accused it of threatening the rights of certain groups of Americans after ruling on several controversial cases heard during its latest term.

In relaying what they feel to be the urgency of enacting such restrictions, the letter’s signatories pointed to the Supreme Court’s decision last month in Dobbs v. Jackson Women’s Health Organization that ended the nationwide right to abortion. More privacy-related rights, they say, are now under threat.

ā€œAs a result of the Supreme Court’s actions, millions of people will no longer have access to abortion care, a crisis disproportionately impacting women, people of color, LGBTQIA+ people, and the undocumented,ā€ the signatories wrote. ā€œMoreover, Justice Thomas’ concurrence in Dobbs laid out a clear plan for the Supreme Court to overturn Obergefell v. Hodges (2015), Lawrence v. Texas (2003), and Griswold v. Connecticut (1965) in the near future, placing the rights to marriage equality, non-procreative intimacy and contraception in jeopardy.ā€

The letter was signed by U.S. Reps. Mondaire Jones (D-N.Y.), Marie Newman (D-Ill.), Alexandria Ocasio-Cortez (D-N.Y.), Bonnie Watson Coleman (D-N.J.), Rashida Tlaib (D-Mich.), Jamaal Bowman (D-N.Y.), Ilhan Omar (D-Minn.), Cori Bush (D-Mo.), Mark Takano (D-Calif.) and Kaiali’i Kahele (D-Hawaii).

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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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Congress

Chris Pappas launches Senate bid in N.H.

Video references ‘political extremists who want to take rights away’

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

Gay U.S. Rep. Chris Pappas (D-N.H.) launched his bid for the seat held by retiring U.S. Sen. Jeanne Shaheen (D-N.H.) with a video posted to X Thursday morning and kickoff event planned for the evening in his hometown of Manchester, N.H.

ā€œI’m running for Senate because our economy, our democracy, and our way of life are on the line, and New Hampshire deserves a senator who is grounded in the people, places, and values of this state,ā€Ā he said in a press release.Ā ā€œGranite Staters know my record of taking on the big fights and looking out for them — pushing tax cuts for working families and small businesses, taking on predatory companies and corporate polluters, and standing up to Big Pharma to lower drug costs.”

Pappas’s statement continued, “Like Sen. Shaheen, I’ll always put New Hampshire first. You can count on me to lead the charge to confront this administration, self-dealing billionaires, and extreme politicians who threaten our future and our ability to get things done for New Hampshire.ā€

In his video, the fourth-term congressman pledged to rein in the power of big corporations, and he addressed “veterans, parents, small business owners,” and the “people who have done everything right” but are “asking ‘why does it feel like the system is rigged?'”

Referencing concerns with the Republican administration and GOP majorities in Congress, he said, “You think about the social security office that’s gonna be closed in Littleton, drastic cuts to Medicaid, all in the name of giving big tax breaks to billionaires like Elon Musk.”

Pappas also seemed to allude to anti-LGBTQ moves by the White House and congressional Republicans, promising to stand up to “political extremists who want to take rights away.” The ad wrapped with a shot of the congressman with his husband Vann Bentley. “We will get our country back on track. Stronger, fairer, freer, working for everyone.”

Freshman U.S. Rep. Maggie Goodlander (D-N.H.) is also considering a run for Shaheen’s seat while former U.S. Sen. Scott Brown (R-Mass.) and former New Hampshire Gov. Chris Sununu are mulling campaigns.

Pappas was endorsed by the LGBTQ Victory Fund, whose newly seated CEO Evan Low released a statement:

ā€œRep. Chris Pappas has a long and storied history of serving New Hampshire, and LGBTQ+ Victory Fund has been right by his side since he ran for state office 23 years ago. He has a track record of taking on big fights for his constituents and has proven that he can win tough races, outperform expectations, and flip key Granite State seats. Whether its strengthening the economy, protecting bodily autonomy or taking on price gougers, Chris will continue to be an important voice that looks out for the people of New Hampshire.

ā€œWe need Chris’s pro-equality voice in the Senate, where right now we only have one LGBTQ+ member. He will be a strong fighter against anti-equality forces in the current administration and extreme politicians looking to erase our rights and existence.

ā€œHis presence in the Senate will be critical to retake the majority and ensure that Granite State voters won’t get a raw deal. Chris deeply understands New Hampshire, and his record shows that he is laser-focused on getting things done. We are thrilled to endorse Chris Pappas for a history-making place as the first out LGBTQ+ man to serve in the Senate.ā€

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Congress

Chris Pappas reportedly planning run for US Senate

Gay N.H. lawmaker has not officially announced bid

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

Gay U.S. Rep. Chris Pappas (D-N.H.) has told colleagues he plans to run for New Hampshire’s open U.S. Senate seat, to succeed retiring Democratic U.S. Sen. Jeanne Shaheen, according to a report in Axios on Thursday.

ā€œI haven’t come to a decision yet,ā€ he said during a town hall over the weekend. ā€œBut I know these times are incredibly perilous, and this is a time where we need the kind of leadership that Sen. Shaheen has demonstrated, which is about putting the needs of New Hampshire first.ā€

Axios also reported that fellow Democratic U.S. Rep. Maggie Goodlander, who represents the Granite State’s 2nd Congressional District and previously served as deputy assistant attorney general in the Justice Department’s Antitrust Division, is considering a run.

Hundreds of constituents attended recent town halls hosted by Pappas and Goodlander.

While Pappas’s voting record positions him as among the most centrist and bipartisan of the House Democrats, the National Republican Senatorial Committee has sought to portray the lawmaker as a far-left ideologue in a new oppo website.

If he runs and is elected to succeed Shaheen, Pappas would be one of two openly LGBTQ U.S. senators, alongside Tammy Baldwin (D-Wis.).

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