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Murphy amendment certified for House consideration

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The House Rules Committee late Wednesday found in order an amendment to repeal “Don’t Ask, Don’t Tell,” allowing for a vote on the measure when lawmakers take up major defense budget legislation.

Lawmakers on the panel approved the amendment, introduced by Rep. Patrick Murphy (D-Pa.), by voice vote as part of a rule governing debate for the fiscal year 2011 defense authorization bill.

The Rules Committee is charged with determining what rule governs the debate on legislation that comes to the House floor, including the length of time for discussion and whether certain amendments will be allowed.

The committee’s certification of Murphy’s amendment means the measure will be able to come to the floor when lawmakers take up the defense budget legislation, which is scheduled to happen either Thursday or Friday.

The rule allows for 10 minutes of debate on the Murphy amendment before House lawmakers take an up-or-down vote on the measure.

In testimony before the committee, Murphy urged lawmakers to find his amendment in order so that Congress could move forward with doing away with “Don’t Ask, Don’t Tell.”

Murphy brought particular attention to the case of former Army Sergeant Darren Manzella, a gay soldier who served in Iraq war and was discharged in 2008 after he came out to his comrades and talked about his story on CBS’ 60 Minutes.

“I’m here today for Darren and for the 13,500 brave servicemen and women kicked out of the military simply because they are gay,” Murphy said. “The arguments in support of this policy are weak and outdated, and the time to repeal this policy is now.”

Murphy said the U.S. military is “stretched thin” and it makes no sense to “kick out people who want to serve — who are willing to serve and die for their country.”

Following Murphy’s remarks, Rep. Jared Polis (D-Colo.), a gay lawmaker and member of the Rules Committee, choked back on tears as he expressed appreciation to Murphy for championing the issue to end what he called one of the last “bastions of discrimination.”

After he left the witness stand, Murphy embraced Polis briefly before leaving the committee room.

Murphy told the Blade he feels “very good” as the votes approach both the House floor and the Senate Armed Services Committee later this week.

“I think I’m confident of the votes in the House and also in the Senate Armed Services Committee,” Murphy said. “And I think it’s good for national security, and for the American taxpayer, not to waste our money.”

Polis told the Blade he was similarly hopeful about the passage of Murphy’s amendment, which he said would allow “the military to end the [‘Don’t Ask, Don’t Tell’] policy, which is the stated intention of the commander-in-chief.”

“I’m optimistic that we’ll be passing it on the floor of the House [Thursday],” he said.

A Democratic leadership aide, who spoke on the condition of anonymity, said the defense authorization bill could come up for consideration on Thursday, but may be pushed back for consideration of jobs legislation.

“Consideration of the defense authorization is still expected to start [Thursday], but it is possible that the [“Don’t Ask, Don’t Tell”] amendment from Rep. Murphy could be pushed into Friday,” the aide said.

The aide said the delay will “allow additional time for the whip effort” and supporters of repeal in the House “continue to be very optimistic on the amendment’s chances.”

While certifying Murphy’s amendment, the committee blocked consideration of a substitute amendment by a vote of 3-8 that would have revised the terms of reference for the Pentagon study on “Don’t Ask, Don’t Tell” and require that it be delivered to Congress well as the military service chiefs. 

The amendment was offered by Rep. Buck McKeon (R-Calif.), ranking Republican of the House Armed Services Committee.

In testimony before the committee, McKeon said his amendment would have mandated the Pentagon examine what impact repeal would have on the Defense of Marriage Act as well as readiness and unit cohesion.

In a possible preview of what will happen with the Murphy amendment when it reaches the House floor, lawmakers on the panel were split on the issue of “Don’t Ask, Don’t Tell.”

Some members of the Rules Committee expressed support for moving legislatively to end “Don’t Ask, Don’t Tell” at this time while others said they wanted to hold off until the Pentagon completes its review.

McKeon said in testimony he was among those wanting to wait until the Defense Department working group completes its work.

“We don’t know what effect this would have on recruitment, retention and morale,” he said. “Not making Mr. Murphy’s amendment in order would be keeping the faith with the two-and-a-half million men and women in uniform … in saying that their voices do count.”

McKeon said he received letters this week from the service chiefs of Army, Navy, Air Force and Marine Corps asking Congress to hold off on repeal until the Pentagon study is complete.

Earlier in the day, Sen. John McCain (R-Ariz.), an opponent of repeal, also made public four letters from the service chiefs asking Congress to refrain from taking action at this time.

In one of the letters to McCain, Air Force Chief of Staff Gen. Norton Schwartz said Congress should wait for the study to be complete “as a matter of keeping faith with those currently serving in the armed forces.”

“To do otherwise, in my view, would be presumptive and would reflect an intent to act before all relevant factors are assessed, digested and understood,” Schwartz said.

But in a response to these letters, former Chairman of the Joint Chiefs of Staff Gen. John Shalikashvili wrote in a letter made public later in the day that Congress should act on the pending legislation.

“While I fully agree that Congress should take no action that usurps the Pentagon’s evaluation process and recommendations, there is nothing in those letters that gives Congress any reason to delay enacting the legislative compromise that was proposed this week,” Shalikashvili said.

Also speaking out during the hearing in opposition to repeal of “Don’t Ask, Don’t Tell” repeal at this time was Rep. David Dreier (R-Calif.).

Dreier, who supported “Don’t Ask, Don’t Tell” when it was enacted in 1993, said he would be inclined to support repeal of the law but only after the Pentagon has time to complete its study.

“I wonder why it is that we need to have this vote at this moment,” he said. “We are just a few months away from getting a report that I suspect will allow for the opportunity to ensure that people aren’t thrown of the military who want to have a chance to serve their country.”

House Armed Services Committee Chairman Ike Skelton (D-Mo.) also didn’t speak favorably about a vote on “Don’t Ask, Don’t Tell,” although his opposition wasn’t as strong as other opponents of repeal during the committee discussion.

Skelton recalled the April 30 letter in which Defense Secretary Robert Gates said he would “strongly oppose” legislative action at this time. Skelton also emphasized the importance of the study as a way to inform how to move forward on the issue, saying it’s “not a rubber stamp.”

But Alcee Hastings (D-Fla.), a strong supporter of repeal, was particularly passionate about Congress moving to address “Don’t Ask, Don’t Tell” immediately.

“What we’ve failed to mention is that 14,000 people in this 17-year period of time have been put out of the military,” he said. “Some of them were people that had specialties that are hard to replace.”

Hastings said he knows of at least 16 people who were discharged under “Don’t Ask, Don’t Tell” that specialized in Arabic translation.

Also in support of Congress moving now to address the issue was Rep. Jim McGovern (D-Mass.), who said a study on “Don’t Ask, Don’t Tell” wasn’t necessary for Congress to know that it should act against discrimination.

“To me, it just comes down to this simple view that I have, which is an important view, and that is prejudice and bigotry are wrong, whether it is in the workplace or in the armed forces,” he said.

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HRC slams White House over position opposing gender affirming surgeries for minors

‘Biden administration is flat wrong on this’

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

“Health care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

“The Biden administration is flat wrong on this. It’s wrong on the science and wrong on the substance. It’s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patients—where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitation—the entire community is watching.” 

“No parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,” she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

“This is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,” said Scott.

“Let’s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patients’ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youth’s access to the very same care that many cisgender youth receive every year — that’s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.” 

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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.), Raúl 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 Sánchez (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 Uganda’s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ‘’promotion of homosexuality,’” reads the resolution.

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

“It is difficult to overstate the gross inhumanity of Uganda’s Anti-Homosexuality Act,” said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for “aggravated homosexuality.”

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 “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists appealed the ruling.

“Instead 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 — we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.” 

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LGBTQ issues absent from Trump-Biden debate

Advocacy groups hoped candidates would address queer topics

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Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

At their televised debate in Atlanta on June 27, President Joe Biden and former President Donald Trump traded barbs on issues from abortion and election integrity to immigration and foreign policy. The 81 and 78-year-old candidates even argued over who is a better golfer.

Absent from the discussion, however, were matters of LGBTQ rights that have animated national politics in this election cycle with the presumptive Republican nominee promising to weaponize the federal government against queer and trans Americans as the president pledges to build on his record of expanding their freedoms and protections.

CNN hosted Thursday’s debate, with the network’s anchors Dana Bash and Jake Tapper moderating. ABC News will run the second debate scheduled for September 10.

The president’s performance was widely criticized as halting and shaky, with White House reporter Peter Baker of The New York Times writing that Democratic Party leaders are calling for him to be replaced at the top of the ticket.

Also setting the tone early into the program was Trump’s repetition of the lie that Democrats are so “radical” on matters of abortion that they “will take the life of a child in the eighth month, the ninth month, and even after birth.”

Biden, meanwhile, laid the blame at his opponent’s feet for appointing three U.S. Supreme Court justices during his term in office who overturned Roe v. Wade’s 51-year-old constitutional protections for abortion.

He also referenced the fallout from that ruling and the extreme restrictions passed by conservative legislators in its wake, arguing that Trump would not veto a federal abortion ban if Republican majorities in Congress were to pass one.

Trump also repeated falsehoods about the 2020 presidential election.

“Will you pledge tonight that once all legal challenges have been exhausted, that you will accept the results of this election,” Bash asked him, “regardless of who wins, and you will say right now that political violence in any form is unacceptable?”

The Republican frontrunner first responded by denying he was responsible for his supporters’ violent ransacking of the U.S. Capitol Building on Jan. 6 2021.

After the CNN anchor pressed him twice to answer the first part of her question, Trump said, “if it’s a fair and legal and good election, absolutely” but “the fraud and everything else was ridiculous.”

“You appealed and appealed to courts all across the country,” Biden responded. “Not one single court in America said any of your claims had any merit, state or local, none. But you continue to provoke this lie about somehow, there’s all this misrepresentation, all this stealing — there is no evidence of that at all.”

The president continued, “And I tell you what, I doubt whether you’ll accept it, because you’re such a whiner.”

Advocacy groups hoped the debate would address LGBTQ issues

Leading up to the debate, advocacy groups urged the candidates to defend their records on and policy proposals concerning LGBTQ rights, with some arguing the discussion would advantage President Joe Biden’s campaign, as reported by The Hill’s Brooke Migdon.

As the community celebrated Pride this month, the Biden-Harris 2024 team made significant investments in paid media and the Out for Biden national organizing effort to court LGBTQ voters, who are expected to comprise a larger share of the electorate than ever before.

“This will be an enormous slight to our community if LGBTQ questions are not asked during this debate,” GLAAD President Sarah Kate Ellis said. “Our community is deeply affected by where these candidates stand.” 

“The safety and freedom of LGBTQ people depends on your engagement with the candidates and ability to inform voters about their records and proposals,” she said.

Annise Parker, the outgoing president and CEO of the LGBTQ+ Victory Fund, said “I certainly hope that the moderators bring up the LGBTQ community and LGBTQ issues, because there is a stark contrast between the two candidates.”

“I hope we see a substantive conversation on the records of these two men for the fight for a more equal society,” said Brandon Wolf, national press secretary at the Human Rights Campaign.

“A vast majority of people in this country support an America that treats people with dignity and respect; they support an America that prevents people from experiencing discrimination and harm simply because of who they are,” he said.

“That is where the American people largely are, and I hope we get an opportunity on that stage to see the contrast between these two candidates.” 

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