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BREAKING: Senate panel approves DOMA repeal legislation

Committee approves bill on 10-8 party-line vote

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Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) (Washington Blade photo by Michael Key)

A Senate committee took historic action on Thursday against the Defense of Marriage Act by approving legislation that would lift the anti-gay law from the books.

The Senate Judiciary Committee reported the legislation to the floor by a vote of 10-8 along a party-line basis.

The committee vote marks the first-time ever that any component of Congress has voted to repeal DOMA, which prohibits federal recognition of same-sex marriage, since it was first enacted in 1996.

Committee Chair Patrick Leahy (D-Vt.) in his opening statement said legislation to repeal DOMA, which is known as the Respect for Marriage Act, is necessary because “thousands of American families are now being treated unfairly by their federal government.”

“They are shunted aside ā€” singled out from all other marriages recognized by their states,” Leahy said. “This unfairness must end. The Respect for Marriage Act would provide for the equal treatment of all lawful treatment of all lawful marriages in this country by repealing DOMA.”

Sen. Dianne Feinstein (D-Calif.), the sponsor of the legislation, said she thinks DOMA is “discriminatory” and “should be stricken in its entirety from federal law.”

“Marriage is legal preserve of the states,” Feinstein said. “DOMA infringes on this state authority by requiring the federal government to disregard state law and deny more than 1,100 rights benefits to which all other legally married couples are entitled.”

Republicans said they oppose DOMA repeal because they believe it would undermine the definition of marriage as one man, one woman and impose same-sex marriage in states where it isn’t recognized. The GOP committee members also questioned why the panel was taking up the bill when passage of the floor is unlikely and the country is facing other matters such as jobs and the economy.

The Respect for Marriage Act wouldn’t require states to recognize marriage equality. However, the bill would enable federal benefits to continue to flow to same-sex couples if they marry in one jurisdiction and move to another state within the country that doesn’t recognize their union.

Sen. Charles Grassley (R-Iowa), ranking Republican on the committee, said the longstanding definition of marriage as between one man, one woman was one of the reasons he voted against the bill.

“For thousands of years, across all cultures and nations, marriage was exclusively a heterosexual institution,” Grassley said. “Obvious biological realities were a major reason why. Another reason was the universal religious view that marriage was about procreation and child-bearing.”

But Sen. Al Franken (D-Minn.) disputed the argument that marriage has been static for centuries and said Grassley “misstated” the history of the institution.

“Marriage has not existed as a union between one man and one woman for thousands of years in every culture,” Franken said. “In many cultures, men are able to marry many women, and even young girls. For centuries, women were treated as chattle in marriage.”

Franken continued, “Further, if the religious purpose of marriage is for procreation, why would we sanction marriage between an 80-year-old widower and a 80-year-old widow? I just think we need to be accurate when talk about … the history of our institutions.”

Grassley also disputed the notion that marriage is a civil rights issue, drawing a recent column from the New York Times’ Frank Bruni. Among the quotes from the column that Grassley selected was fromĀ Wade Henderson, president of the Leadership Conference on Civil and Human Rights, who was quoted as saying attempts to equate the persecution of gays and blacks is “deeply offensive.”

In a statement, Henderson said he in fact believes marriage is a civil right issue andĀ Grassley mischaracterized his remarks before the committee.

“Sen. Charles Grassley chose to misappropriate and misconstrue statements attributed to me in a news article in order to make an illegitimate case against equality for LGBT Americans,” Henderson said. “He was wrong. Marriage equality is a civil rights issue and I am a supporter of marriage equality.”

LGBT advocates heralded the committee vote and called it one step toward ridding the books of an anti-gay law that has barred married same-sex couples from enjoying the federal benefits of marriage.

Rick Jacobs, chair of the Courage Campaign, said the panel vote marks a milestone in which the Senate for the first time “voted to make gays and lesbians whole people.”

“This truly historic vote today should never have been necessary because this absurd law should never have been on the books,” Jacobs said. “Thanks to Sen. Dianne Feinstein, we have a bill that can move to the Senate floor where fair-minded people who believe in a nation united, not divided, can end federal discrimination against gay and lesbian couples legally married in six states and the District of Columbia.”

Jacobs also criticized committee Republicans for voting in unison against the bill, saying, “Sadly, the Republicans think this is a partisan issue.”

Rea Carey, executive director of National Gay & Lesbian Task Force, was also among those praising the committee for moving forward with the Respect for Marriage Act.

This vote marks an important step toward recognizing our common humanity, and moves us closer to ending a grave injustice against thousands of loving, committed couples who simply want to provide and care for each other as other married couples are allowed to do,” Carey said. “It is shocking and an outrage that, in modern-day America, legally married same-sex couples are being singled out and selectively denied fundamental rights by their own federal government.”

The White House also praised the committee for moving forward DOMA repeal legislation. In July, President Obama endorsed the Respect for Marriage Act, although he previously campaigned on DOMA repeal in 2008.

“President Obama applauds todayā€™s vote by the Senate Judiciary Committee to approve the Respect for Marriage Act, which would provide a legislative repeal of the so-called ‘Defense of Marriage Act,’ said Shin Inouye, a White House spokesperson.

Inouye continued, “The president has long believed that DOMA is discriminatory and has called for its repeal. We should all work towards taking this law off the books. The federal government should not deny gay and lesbian couples the same rights and legal protections afforded to straight couples.”

Whether the bill will come to a vote before the full Senate remains to be seen. In addition to Sen. Dianne Feinstein (D-Calif.), the bill’s sponsor, the bill only has 30 co-sponsors ā€” far short of the 60 votes needed to overcome a Senate filibuster.

A Senate Judiciary Committee spokesperson deferred comment on scheduling to office of Senate Majority Leader Harry Reid (D-Nev.), which didn’t immediately respond to the Washington Blade’s request to comment on the bill.

Ranking Member Charles Grassley (R-Iowa) and Sen. John Cornyn (R-Texas) noted the difficulties of passing DOMA repeal on the Senate floor as a reason why the committee shouldn’t even have taken up the legislation. Cornyn said Democratic leaders would face a revolt in their own caucus if a vote was scheduled because of the political difficulties in passing the bill.

Asked by Cornyn during the markup whether a floor vote on DOMA would happen this Congress, Assistant Majority Leader Dick Durbin (D-Ill.) said he’s uncertain because of the Republicans’ extensive use of filibusters on the Senate floor.

But Durbin said “it would be worth it” to hold a floor vote on DOMA repeal even if the bill only received support from its 30 co-sponsors.

No amendments were offered during the markup to amend DOMA. The Washington Blade obtained three amendments that were set to come up during consideration of the bill, but no committee member introduced them.Ā It’s unlikely Republicans had the votes to adopt any of the amendments as part of the legislation.

Among those in attendance during the Senate committee markup was Rep. Jerrold Nadler (D-N.Y.), the sponsor of the DOMA repeal legislation in the House.

Following the vote, Nadler told the Washington Blade the Senate markup was “another step forward” in moving toward DOMA repeal, but expressed pessimism about a similar vote in the Republican-controlled House.

“This is a subject that the more people get used to it, the better it is, the easier it makes it,” Nadler said. “I don’t believe the Republicans are going to allow a vote in the House anytime soon. We may have to wait for the next election for that, but this will help. It’ll definitely help.”

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ā€˜Ending HIV Epidemicā€™ 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 subcommitteeā€™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 Preventionā€™s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretaryā€™s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal governmentā€™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.

 ā€œInstead 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,ā€ said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

ā€œWhile 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,ā€ Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as ā€œpolicy ridersā€ 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 ā€œblock the Biden administrationā€™s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.ā€™  The statement says another policy rider would ā€œprevent policies or programs intended to promote diversity, equality, or inclusion.ā€

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  subcommitteeā€™s bill and its proposed spending cuts. ā€œThe 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,ā€ he said.

ā€œImportantly, the bill pushes back on the Biden administrationā€™s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,ā€ Cole said in his statement. ā€œIt also preserves long standing bipartisan policy provisions protecting the right to life.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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