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Bills introduced to codify same-sex marriage

Repeal of Roe has increased urgency to secure privacy rights

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U.S. Rep. Sheila Jackson Lee (D-Texas) speaks outside the U.S. Capitol on July 18, 2022. She and other lawmakers have called for the codification of marriage equality in law in the wake of the U.S. Supreme Court decision that struck down Roe v. Wade. (Washington Blade photo by Josh Alburtus)

In the wake of the Supreme Courtā€™s decision that rescinded the nationwide right to abortion, members of Congress are now moving on multiple tracks to protect other privacy-related rights they now perceive as under threat.

U.S. Rep. Jerrold Nadler (D-N.Y.), who chairs the House Judiciary Committee, on Monday introduced legislation alongside bipartisan co-sponsors that would codify marriage equality in federal law, repeal the Defense of Marriage Act and establish recognition protections for out-of-state marriages.

In a statement released following the introduction of the bill ā€” titled the Respect for Marriage Act ā€” Nadler connected what he felt as the necessity of such legislation to the Supreme Courtā€™s opinion released in Dobbs v. Jackson Women’s Health Organization.

ā€œThree weeks ago,Ā a conservative majority on the Supreme Court not only repealedĀ Roe v. WadeĀ and walked back 50 years of precedent, it signaled that other rights, like the right to same-sex marriage, are next on the chopping block,ā€ Nadler said. ā€œAs this court may take aim at other fundamental rights, we cannot sit idly by as the hard-earned gains of the Equality movement are systematically eroded.ā€

U.S. Sens. Tammy Baldwin (D-Wis.), Diane Feinstein (D-Calif.) andĀ SusanĀ CollinsĀ (R-Maine) introduced a companion bill in the U.S. Senate. The two measures join similar pieces of privacy-related legislation like the Womenā€™s Health Protection Act, which the U.S. House of Representatives passed in an effort to codify nationwide abortion rights.

The Respect for Marriage Actā€™s introduction came on the same day members of Congress renewed their efforts to modify the structure of the Supreme Court altogether.

The Judiciary Act of 2021 seeks to increase the number of seats on the court to balance its judicial ideology.

In a press conference on Capitol Hill on Monday, Democratic lawmakers joined the heads of multiple national advocacy groups in calling on Congress to expand the court from nine seats to 13.

ā€œWe just cannot sit back as a captive court captures our rights,ā€ U.S. Sen. Ed Markey (D-Mass.) said. ā€œExpanding the court is constitutional, it has been done before, we can do it now. And the reason we support this approach is that it is constitutional, it is immediate, and it does the job of dealing with the crisis of today.ā€

While lawmakers at the press conference expressed support for the codification legislation, they believe expanding the court will be more likely to stand up to potential challenges.

ā€œYou should not forget, though, that anything that the legislature passes, the Supreme Court is the final arbiter as to whether or not it is constitutional or not,ā€ U.S. Rep. Hank Johnson (D-Ga.) said. ā€œAnd so, that gives you some idea of this second track that youā€™re talking about. Yes, we can pass legislation, but that legislation would be challenged across the street and this right-wing, Republican, extremist Supreme Court which has been captured by money interests ā€” the future is not bright with the current arrangement so thatā€™s why we need to pass the Judiciary Act of 2021.ā€

With regard to codification legislation, however, U.S. Rep. Sheila Jackson Lee (D-Texas) told the Washington Blade at the press conference that she is certain of Congressā€™ ability to secure its passage.

ā€œI suspect that there will be a strong support for all of these legislative initiatives,ā€ Lee said. ā€œAnd I will suspect that in the Senate, it is a different atmosphere now, and because we have to be dual track ā€” one, dealing with the reversal of the Supreme Court decisions. And what do the American people look to? They look to their legislative body ā€” particularly Congress ā€” to represent the majority of their views.ā€

Democratic leadership in Congress has endorsed various legislation working to codify such rights as same-sex marriage and nationwide abortion access. Many have been hesitant, however, to get behind efforts to expand the number of justices on the Supreme Court ā€” a stance shared President Joe Biden.

But approaching a midterm election with prospects of a Republican-controlled Congress ā€” coupled with low overall approval ratings for the president ā€” Democrats have framed their efforts as both urgent and mandated by the people.

ā€œI think there is a movement, a momentum, a push by the American people to do justice and to do it justly and theyā€™re asking us to do our jobs and thatā€™s what weā€™re doing,ā€ Lee said.

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Congress

Members of Congress introduce resolution to condemn Uganda’s Anti-Homosexuality Act

U.S. Reps. Mark Takano (D-Calif.) and Joyce Beatty spearheaded condemnation

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

More than 20 members of Congress on Thursday introduced a resolution that condemns Uganda’s Anti-Homosexuality Act.

Gay California Congressman Mark Takano and U.S. Rep. Joyce Beatty (D-Ohio) spearheaded the resolution that U.S. Reps. Becca Balint (D-Vt.), Lloyd Doggett (D-Texas), Adriano Espaillat (D-N.Y.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Josh Gottheimer (D-N.J.), RaĆŗl Grijalva (D-Ariz.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Gwen Moore (D-Wis.), Seth Moulton (D-Mass.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Mark Pocan (D-Wash.), Delia Ramirez (D-Ill), Linda SĆ”nchez (D-Calif.), Jan Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Rashida Tlaib (D-Mich.), Ritchie Torres (D-N.Y.), and Debbie Wasserman Schultz (D-Fla.) co-sponsored.

“The House of Representatives condemns the government of Ugandaā€™s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ā€˜’promotion of homosexuality,ā€™” reads the resolution.

The resolution, among other things, also calls upon the Ugandan government to repeal the law.

ā€œIt is difficult to overstate the gross inhumanity of Ugandaā€™s Anti-Homosexuality Act,ā€ said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court in April refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists appealed the ruling.

ā€œInstead of focusing on rooting out corruption or ending extrajudicial killings, the Ugandan Parliament, president, and Constitutional Court have chosen to mark LGBTQ+ Ugandans as less than human,” said Takano. “Congress must not be silent in the face of such systematic, state-sponsored discrimination.”

“To all those LGBTQ+ people and your allies in Uganda ā€” we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.ā€ 

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EXCLUSIVE: Sen. Padilla and wife Angela talk LGBTQ mental health

Couple to receive award from Gay Men’s Chorus of L.A. on Sunday

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U.S. Sen. Alex Padilla (D-Calif.) and his wife, Angela Padilla, spoke with the Washington Blade for an exclusive interview last week ahead of their receipt of Voice Awards from the Gay Men’s Chorus of Los Angeles at a ceremony on June 30.

“I’ve known members” of the organization “off and on over the years, going back to my days on the city council in Los Angeles,” when battles were waged over California’s Proposition 8 banning same-sex marriage, Padilla said.

“I was proud to be an ally for a long time, but especially in those moments, really, as a public official, as an elected official, knowing how important allyship was,” he said, stressing “the tremendous talent of the chorus” and “what they represented individually and as a group” serving as allies for “young people who may not necessarily grow up in a supportive environment or in supportive families.”

“I work very closely with Joseph Guardarrama,” a board member for GMCLA, “for many years now on my nonprofit, and it’s all in support of mental health and wellness and educating people on how to get help, why they should get help, and why it’s important to take care of your brain,” Mrs. Padilla said by phone.

“I started FundaMental Change in 2017,” she said, to push for “the mental change that I feel that we have to have as a society when it comes to how we look at [and] how we treat mental health conditions.”

The senator’s wife added that LGBTQ people are twice as likely to have a mental health condition while dealing “with so much more social stigma and discrimination” than their straight and cisgender counterparts.

“This month we’re going to have a table for June 30 working with the [California] Department of Mental Health at the Pride parade,” she added. FundaMental Change also operates an LGBT Youth TalkLine and Trans Lifeline.

Padilla noted the organization’s work combatting stigma. “One thing that we recognize both coming from Latino families is the need to overcome stigma,” he said. “There’s a lot of misunderstanding or misperceptions about mental health.”

The effort is also central to the senator’s work as a policymaker, he said, referencing the bipartisan Senate Mental Health Caucus that he founded alongside U.S. Sens. Tina Smith (D-Minn.), Thom Tillis (R-N.C.), and Joni Ernst (R-Iowa) to serve as “a forum for us to share stories.”

“It’s been fascinating, there are more than 30 members of the caucus now, so about a third of the United States Senate,” he said. “It’s 50/50 Democrats and Republicans,” and when approached, every member had a story to share, whether about “something that they’ve been through [or] somebody in their family, a colleague, a neighbor who can relate.”

Padilla said his decision to announce the formation of the caucus concurrently with his visit to the San Francisco LGBT Community Center “was very intentional.”

When it comes to mental health, “We’ve really prioritized trying to develop bipartisan solutions,” he said, “because those are more sustainable here in Congress.”

The first bill backed by the caucus was Padilla and Tillis’s Local 9-8-8 Response Act of 2023, which “was to require the FCC to move to implement the geolocation technology to the 988 system.”

Unveiled by the Biden-Harris administration in 2022, the 988 Suicide and Crisis Lifeline is operated by the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration. The program provides the option for callers to reach specialized LGBTQI+ affirming counselors by pressing “3.”

On the importance of geolocation technology, Padilla said “if I’m here in Washington, and have a need to call 988, my area code on my phone is Los Angeles ā€” so, I’d be passed through to the Los Angeles providers.”

The senator noted that the FCC “is moving forward with those improvements” independently of his bill’s path forward in Congress.

More broadly, some of the policy challenges concern supply and demand problems. “From a bigger picture, longer term perspective, we’re talking about the workforce needs,” Padilla said. “So, what’s the game plan for [getting] more psychologists or psychiatrists or counselors, more therapists, more everybody in the field to better serve people across the country?”

Padilla also discussed the importance of “cultural competence” as a means of guaranteeing the best possible treatment. “When we ask people to go get help, if there’s somebody that they can relate to or that they know gets them, the better quality experience in treatment is going to come,” he said.

“We’re not quite there yet with the Republican colleagues, but I have faith that in time we will get them there,” the senator added. “And again, the LGBTQ community is a prime example. You’ve got to feel comfortable going to somebody when you need help.”

Padilla said, “not everybody comes from a supportive environment; not everybody lives in a city or a state that is supportive. And at this particular time politically, they’re really under attack. They’re being targeted acutely. And that’s more reason and urgency to speak up and stand up.”

On Sunday, the Padillas will share the stage with the recipients of the third GMCLA Voice Award, from the critically acclaimed HBO series ā€œWeā€™re Here,ā€ which follows drag queens as they travel the country to perform in one-night-only performances in small towns.

Mrs. Padilla celebrated the ways in which drag has brought communities together, recalling when RuPaul’s Drag Race “was first airing and it was like everyone was so interested in watching the show” and “it just brought people from everywhere.”

“I have a lot of frustrations, as a Latina, with the misrepresentation of our community and our culture in television and movies,” she said. “And I feel like every opportunity that you get to see something that’s just authentic ā€” it’s such a benefit to everyone. It really helps us understand that we have more in common than not.”

“Drag is not new,” the senator said. “It goes back generations in the United States and I think for the LGBTQ+ community it can be can be very empowering, as an outlet for performers, but also participants in an audience to see on stage what you may not see in other places.”

Republican-led efforts to restrict access to drag performances, especially by young people, “feels like it’s an act of desperation,” Mrs. Padilla said.

“I think they’re resisting something that they don’t understand. I just think it’s really coming from a place of fear. And really not understanding the human behind it,” she said, adding that the reactionary forces are a product of the LGBTQ movement’s success and “that feeling of it’s out of their control.”

“The diversity of our communities, the diversity of our country, is a big source of strength,” Padilla said. “It’s just not always been embraced. I think a lot of people either misinterpret it or frankly exploit it to cause divisions in society.”

“We can’t ignore the political climate that we’re living in,” the senator said, “heightened only by the fact that it’s a presidential election year and we see who the Republican nominee is going to be.”

Looking ahead to November’s elections, he said, “as with so many other issues, LGBTQ+ rights and opportunity in the future ā€” It’s a 180-degree difference between Joe Biden and Donald Trump. Let’s not take it for granted. Let’s not take it lightly. Let’s get out and vote.”

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Drag queens lobby members of Congress

MoveOn organized Tuesday’s Drag Lobby Day

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Drag artist Joey Jay speaks at a press conference at the House Triangle near the U.S. Capitol on June 25, 2024. (Washington Blade photo by Michael Key)

A group of drag queens on Tuesday traveled to D.C. to lobby members of Congress to support pro-LGBTQ legislation.

“Drag Race Philippines” judge Jiggly Caliente, “RuPaul’s Drag Race” season 13 contestant Joey Jay and Brigitte Bandit urged lawmakers to support the Equality Act, which would add gender identity and sexual orientation to the Civil Rights Act of 1964, and the Transgender Bill of Rights, which would add trans-specific protections to federal nondiscrimination laws. 

Caliente, Jay and Bandit met with U.S. Reps. Juan Ciscomani (D-Ariz.), Mark Pocan (D-Wis.), Jasmine Crockett (D-Texas), Delia Ramirez (D-Ill.), Greg Casar (D-Texas), and Jen Kiggans (R-Va.) and/or their staffers.

Jay posted to her X account a picture of her, Caliente, and Bandit outside Crockett’s office. The Texas Democrat in response said “you’re always welcome, queens.”

MoveOn organized the visit, which it called the Drag Lobby Day.

“Today we brought together a trio of advocates and drag artists to stick up for LGBTQ folks, talk about what’s at stake and fight back against some extremist, hateful attacks, and narratives from conservative politicians,” said MoveOn Campaign Director Nakia Stephens during a press conference outside the U.S. Capitol.

Caliente said the Equality Act and the Trans Bill of Rights “will make it easier for people to find and keep employment and protect our communities more fully from discrimination in housing, health care, and so much more.”

Jay, who now lives in Phoenix, cited statistics that indicate 320 trans people were killed in 2023. Jay also stressed to conservatives that drag queens and LGBTQ people are not “trying to shove our lifestyle down your throats.”

“We are just trying to live in peace without fear of being murdered,” said Jay.

(WASHINGTON BLADE VIDEO BY SEAN KOPEREK)

Bridget Bandit ā€” known as the “Dolly of Austin” ā€” has testified against two anti-drag bills in Texas while in drag. Bandit noted she joined an American Civil Liberties Union of Texas lawsuit against the state’s Senate Bill 12, which would have criminalized drag shows and other performances that took place in front of children, “to fight for our freedom of expression.”

A federal judge last September blocked the law from taking effect.

“This fight is far from over,” said Bandit. “We continue to face the effects of this harmful rhetoric legitimized by our lawmakers.”

Drag artist Brigitte Bandit speaks at a press conference at the House Triangle near the U.S. Capitol on June 25, 2024. (Washington Blade photo by Michael Key)

Sean Koperek contributed to this story.

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