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Tension mounts as Senate prepares ‘Don’t Ask’ debate

Reid intends to file cloture petition for Tuesday vote

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Senate Majority Leader Harry Reid (D-Nev.) has announced plans toĀ proceed with major defense budget legislation containing “Don’t Ask, Don’t Tell” repeal language as questions linger about whether sufficient votes are present to move forward.

Reid officially announced plans toĀ proceed with the fiscal year 2011 defense authorization bill and ā€œDonā€™t Ask, Donā€™t Tellā€ on Tuesday during his press conference in the U.S. Capitol.

The majority leader said the defense authorization bill is ā€œespecially importantā€ this year because the legislation will be a vehicle to address issues that he called ā€œlong overdue,ā€ including ā€œDonā€™t Ask, Donā€™t Tell.ā€

ā€œI think we should choose common sense over discrimination,ā€ Reid said. ā€œWeā€™re going to match our policy with our principles and finally say that in our country, everyone who steps upĀ to serve our country should be welcome.ā€

Still, Reid acknowledged opposition in moving forward with the legislation and said he thinks he would have to file cloture to proceed with the bill.

ā€œI would hope we can move to it without having to file cloture on a motion to proceed, but the way things have been going, having had to file cloture on filibuster to more than 100 different pieces of legislation, I probably will have to file cloture on that,ā€ Reid said.

Jim Manley, a Reid spokesperson, told the Blade the senator intends to file cloture on the defense authorization bill this week for a vote on Tuesday.

Reid would file cloture after a senator objects to moving forward with the defense authorization bill with unanimous consent. After 30 hours of discussion, votes will be cast to determine whether 60 senatorsĀ approve of ending the filibuster and officially moving to debate and amendments.

Asked at the conference whether he has 60 votes to proceed with the legislation, Reid replied, ā€œWeā€™ll sure find out.ā€

Aubrey Sarvis, executive director of Servicemembers Legal Defense Network, said heā€™s ā€œreasonably confidentā€ that ā€œ60 firm votesā€ are in the Senate to end a filibuster.

ā€œI think weā€™ll actually probably end up with a couple more if needed,ā€ Sarvis said. ā€œI donā€™t think there are 40 senators who want to go on record as [being] opposed to calling up the defense authorization bill.ā€

Still, key Republicans in the Senate have expressed concern about the defense authorization bill and the ā€œDonā€™t Ask, Donā€™t Tellā€ repeal language as well as other provisions in the legislation.

Senate Minority Leader Mitch McConnell (R-Ky.) called the repeal language a ā€œcontroversial itemā€ in response to an Blade inquiry on ā€œDonā€™t Ask, Donā€™t Tellā€ during his press conference.

ā€œThe provision in the bill involves eliminating ā€˜Donā€™t Ask, Donā€™t Tellā€™ without the study, and that has also made it pretty controversial,ā€ McConnell said.

The language in the defense authorization bill provides for repeal only after the Pentagon working group developing a plan for implemention an end to law finishes its work on Dec. 1.

An objction to proceeding would most likely come from Sen. John McCain (R-Ariz.), who has been the most vocal opponent of ā€œDonā€™t Ask, Donā€™t Tellā€ repeal in the Senate. He has previoiusly objected to unanimous consent on bringing the defense authorization bill to the Senate floor.

Brooke Buchanan, a McCain spokesperson, said in a statement the senator ā€œstrongly believesā€ that Pentagon review should be complete before taking legislative action on ā€œDonā€™t Ask, Donā€™t Tell.ā€

ā€œAs all four service chiefs have stated, we should not short circuit the ongoing Pentagon review and thereby deny our men and women in uniform a chance to have their voices heard on an important issue that affects them and their service,ā€ she said.

Buchanan was referring to aĀ letter from the four service chiefs made public this spring expressing their discontent with moving forward with ā€œDonā€™t Ask, Donā€™t Tellā€ repeal before the Pentagon review is complete.

But Sarvis called the notion that Congress must wait for the Pentagon working group to finish its work a ā€œtired talking point from the ā€˜noā€™ crowd.ā€

ā€œIronically, Congress, in all likelihood, will have that report before the vote is taken on the conference report in the lame duck session,ā€ Sarvis said.

Reid said opponents of ā€œDonā€™t Ask, Donā€™t Tellā€ repeal can have a vote when the legislation comes to the Senate floor on whether to strip out the language from the bill.

ā€œThey want a vote on it; they can have a vote on it,ā€ Reid said.

Sarvis said repeal proponents have been anticipating this amendment to come to the Senate floor and are prepared to beat back such a measure.

ā€œI think if Sen. McCain or another senator moves to strike the repeal provisions, we will prevail by a comfortable margin,ā€ Sarvis said.

But finishing the bill before the lawmakers before lawmaker break before Election Day is seen as a major concern by repeal proponents.

Sarvis identified ā€œtimeā€ as his biggest concern heading into Senate debate on ā€œDonā€™t Ask, Donā€™t Tellā€ while emphasizing the importance of a Senate vote on the defense authorization bill in September before lawmakers adjourn for the break.

ā€œAs long as there are strong opponents in the Senate, they will try to tie this up and ensure that we donā€™t finish in September or early October,ā€ Sarvis said. ā€œWe canā€™t allow that to happen.ā€

Sarvis said the lame duck session after Election Day is limited and bills that havenā€™t already made it through both chambers of Congress are less likely to meet approval.

DREAM Act comes into play

Also during the conference, Reid said he wants to amend the defense authorization bill so that it would include the Development, Relief and Education for Alien Minors Act, or DREAM Act, an immigration-related bill.

The legislation would provide a path to citizenship for young, undocumented immigrants pursuing a college education or position in the U.S. armed forces.

ā€œKids who grew up as Americans should be able to get their green card if they go to college or serve in the military,ā€ Reid said.

The majority leader noted a number of U.S. service members are Hispanic and said ā€œitā€™s really important that we move forward on this legislation that we tried to work on.ā€

Reid said moving forward on the DREAM Act as part of the defense authorization bill is partially in response what he called his inability to pass comprehensive immigration reform legislation this Congress.

ā€œI know we canā€™t do comprehensive immigration reform,ā€ Reid said. ā€œIā€™ve tried so very, very hard. Iā€™ve tried different iterations of this, but those Republicans we had in the last Congress have left us.ā€

McConnell cited the inclusion of the DREAM Act as a potentially “extraneous” amendment to the defense authorization bill.

The minority leader also was critical of Reid said he wants to address the issue of “secret holds” on presidential nominees as part of the defense authorization bill.

ā€œItā€™s made it needlessly controversial,ā€ McConnell said. ā€œI canā€™t tell you right now how easy it will be to go forward with that bill, but itā€™s certainly created an element of controversy that would not have been otherwise there.ā€

Steve Ralls, a spokesperson for Immigration Equality, an LGBT immigration group, said his organzation was not part of discussion of including the DREAM Act as part of the defense authorization bill, but supports its passage.

ā€œI canā€™t predict what the impact is going to be, but we certainly support the DREAM Act and I would say that we believe that the Senate majority leader is the right person to make the decision on how best to move forward,ā€ Ralls said.

Sarvis said he doesnā€™t know whether this measure would complicate efforts for ā€œDonā€™t Ask, Donā€™t Tellā€ repeal.

ā€œI donā€™t think it has to,ā€ Sarvis said. ā€œI think they are two separate issues and, at the end of the day, I think each one of these amendments are going to have to stand or fall on their own.ā€

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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 ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“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 administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” 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 OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” 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.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” 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 Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” 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.Ā “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, itā€™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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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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