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Weddings continue, despite congressional scare

D.C. courthouse flooded with requests for marriage licenses

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Same-sex marriages, including the March 14 union of Will Knicely and Bob Whitman, continued this week in D.C. despite efforts from one U.S. senator to stop the ceremonies. (DC Agenda photo by Michael Key)

U.S. Sen. Robert Bennett (R-Utah) has backed off pushing an amendment aimed at overturning D.C.’s same-sex marriage law — most likely because his Republican colleagues joined Senate Democrats in opposing his plan to attach it to an aviation bill, according to Capitol Hill insiders.

The amendment, which Bennett filed with the Senate clerk March 11, would have prohibited D.C. from issuing marriage licenses to same-sex couples until the city allows voters to decide the issue through a referendum or initiative.

Bennett’s unsuccessful attempt to advance the amendment came as nearly 700 couples have applied for a marriage license at the city’s Marriage Bureau since the same-sex marriage law took effect March 3. Most of those couples have been same-sex couples.

And according to a spokesperson for the D.C. Superior Court, which operates the Marriage Bureau, an unprecedented number of people applying for marriage licenses are requesting to be married in civil ceremonies offered free of charge at the courthouse.

“We have probably close to 400 weddings requested,” said spokesperson Leah Gurowitz. “Between two-thirds and three-quarters [of couples applying for marriage licenses] are requesting a wedding at the Marriage Bureau.

“So we’re getting them scheduled. We’re calling everybody and we’re trying to just use our space and our time as advantageously as possible.”

Gurowitz acknowledged that late last week, the Marriage Bureau’s phone answering system became overloaded, and some callers received messages that the voicemail boxes were full and incoming messages could not be left.

“It’s taking some time — a day or two — to return calls,” she said. “But we are returning all the calls and getting the weddings set as soon as possible.”

Although Bennett filed his D.C. marriage amendment last week, he did not formally introduce it before Senate Democrats and Republicans agreed by unanimous consent to an approved list of amendments for a Federal Aviation Administration authorization bill, the measure to which Benefit intended to attach his amendment.

The bipartisan-approved list doesn’t include his amendment, preventing him from bringing it up at this time.

Bennett’s office did not return calls seeking to determine why he did not offer the amendment before the list restricting new amendments was approved.

“I doubt that he just voluntarily withdrew his amendment,” said Daniel Penchina, a lobbyist with the Raben Group, a political consulting firm that works with LGBT rights groups.

“My guess is they were trying to put together a package of amendments that could be considered and they agreed that his would not be part of it,” Penchina said. “And someone in his party leadership called and said, ‘Why don’t you save this for another day?’ That’s me speculating, but that’s probably what happened.”

Max Gleishman, press secretary for Sen. Richard Durbin (D-Ill.), the Senate’s majority whip, said Senate Republicans clearly supported a consent agreement that did not include the Bennett amendment.

“So I’m not sure why it wasn’t offered,” Gleischman said. “But it was not. And so therefore we’ve locked in, through a consent agreement, a finite list of amendments. And that’s not one of the ones on the list.”

Bennett’s proposed amendment, which was published in the March 11 Congressional Record, is identical to a freestanding bill that he and seven other Republicans introduced Feb. 2. The bill’s stated purpose is “to protect the democratic process and the right of the people of the District of Columbia to define marriage.”

According to the Congressional Record, Sens. Sam Brownback (R-Kan.) and Roger Wicker (R-Miss.) joined Bennett in filing the amendment as a proposed attachment to the FAA authorization bill, which is being considered on the Senate floor. The authorization measure is being pushed by Senate Democratic leaders and is considered essential for continued operation of U.S. aviation related programs, including the nation’s air traffic control system.

Both the amendment and Bennett’s free-standing bill say, “Notwithstanding any other provision of law, including the District of Columbia Human Rights Act, the government of the District of Columbia shall not issue a marriage license to any couple of the same sex until the people of the District of Columbia have the opportunity to hold a referendum or initiative on the question of whether the District of Columbia should issue same-sex marriage licenses.”

Paul Strauss, who lobbies the U.S. Senate as an informal shadow senator on D.C.-related issues, said unconfirmed reports that Bennett was planning to introduce an amendment to block the city’s same-sex marriage law surfaced last week on Capitol Hill.

“It could potentially force an up or down vote on gay marriage,” Strauss said. “This is certainly something that Democrats and at least some Republicans want to avoid.”

D.C. gay activist Bob Summersgill, who has coordinated local efforts to persuade the city government to support same-sex marriage equality, said Bennett and other lawmakers opposed to the marriage law are likely to launch a stronger effort to overturn it later this year.

“What we have to be most worried about is the D.C. appropriations bill,” he said, which usually comes up before Congress in late summer or fall.

Summersgill noted that while many lawmakers object to attaching a D.C. gay marriage amendment to an aviation measure or other unrelated bills, they would likely go along with attaching such an amendment to the city’s annual appropriations bill, which specifically addresses D.C. issues.

“It will be germane on that bill,” he said.

But as Bennett backed down on his marriage amendment, the National Organization for Marriage, which campaigns against same-sex marriage laws throughout the country, appeared to inject the gay marriage issue into the city’s upcoming mayoral election campaign.

Several local activists reported being contacted by an automated telephone poll on the D.C. gay marriage law that identified NOM as its sponsor. The activists said a recorded message stated that Mayor Adrian Fenty supports “gay marriage” and at least one of his lesser-known opponents in the 2010 mayoral race, former D.C. television news reporter Leo Alexander, opposes it.

D.C. resident Kevin Keller, who was among the people contacted for the phone poll, said it was obvious to him that the call was intended to stir up opposition to same-sex marriage rather than obtain an impartial assessment of how residents feel about the issue.

“I called Alexander’s campaign office, and we spoke,” Keller told DC Agenda. “He told me he opposes gay marriage on religious grounds, but he said he is not directly associated with the NOM.”

NOM executive director Brian Brown did not immediately return DC Agenda’s call on the matter. Local same-sex marriage opponents have vowed to work to defeat Fenty, who signed the same-sex marriage bill, and 11 of the 13-member City Council who voted for the bill when it passed in December.

But political observers say no serious candidates opposing gay marriage have surfaced so far to run against Fenty. And just a few people, whose chances are viewed as questionable, have emerged to run against Council members who voted for the marriage measure.

Alexander, who announced his candidacy in September, has raised less than $4,000 for his mayoral campaign, according to records filed with the D.C. Office of Campaign Finance. Records from the office also show that Fenty has raised more than $3 million for his re-election campaign.

D.C. Council Chair Vincent Gray (D-At Large), who has said he is considering running for mayor and is considered a viable candidate, voted for the marriage bill and, like Fenty, has been an outspoken supporter of same-sex marriage equality.

Another possible candidate for mayor, millionaire developer R. Donahue Peebles, has vowed to spend $5 million of his own money should he enter the mayoral race, making him a potentially serious contender. A Peebles spokesperson did not immediately return a DC Agenda call seeking to learn Peebles’ position on same-sex marriage.

Some reports have surfaced that he supports same-sex marriage but also favors a referendum or initiative to allow voters to decide the issue, but the reports could not be confirmed.

As developments surrounding the D.C. marriage law continue to unfold, many activists have said the joy experienced by the dozens of same-sex couples who have married or obtained marriage licenses so far has overshadowed the controversial aspects of the law.

Rev. Dwayne Johnson, pastor of the Metropolitan Community Church of Washington, which has a mostly gay congregation, said the church’s first same-sex wedding held March 14 had a profound impact on the more than 250 people in attendance.

Will Knicely and Bob Whitman, who have been together for more than 10 years and are MCC members, exchanged wedding vows as the church’s highly acclaimed chorus sang “Oh Happy Day,” said Johnson, who co-performed the wedding.

“I don’t think any of us were prepared for the emotion we witnessed,” he said. “It was like 39 years of hope culminating at that moment. People were applauding and applauding. We just let it go.”

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May 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.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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