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Reid files cloture on 'Don't Ask' legislation

Vote set to take place on Tuesday at 2:15

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Senate Majority Leader Harry Reid (Blade photo by Michael Key)

The U.S. Senate took the initial steps of moving forward with the issue of “Don’t Ask, Don’t Tell” on Thursday as Senate Majority Leader Harry Reid (D-Nev.) filed cloture on major defense budget legislation that includes repeal language.

Reid’s motion to proceed on the fiscal year 2011 defense authorization bill was met with objection by Sen. John McCain (R-Ariz.), prompting Reid to move to end debate by filing cloture.

This manuever means a vote to start official consideration of the defense bill and amendments will take place Tuesday at 2:15 pm. Moving forward will require 60 votes from members for the U.S. Senate.

On the Senate floor, Reid said after a successful vote for cloture on Tuesday, opponents of “Don’t Ask, Don’t Tell” repeal would have an opportunity to strip the bill of this language as well as address other matters senators may find controversial.

“I understand there are issues that I’ve talked about the last couple of days and many other important matters that colleagues on both sides of the aisle wish to address,” Reid said.

Reid also said he expects the time before lawmakers break again for recess after the first week of October will be spent on debating and voting on amendments on the defense authorization bill.

The majority leader predicted a final vote on the legislation as a whole won’t take place until the lame duck session in November.

“I’m willing to work with Senate Republicans … to complete this bill as soon as possible, which likely will be after the recess,” Reid said.

McCain, the ranking member of the Senate Armed Services Commitee, objected to consideration of the defense authorization bill because he said the Democratic leadership is planning amendments unrelated to the U.S. military.

The Arizona senator said Reid’s plans to attach to the legislation the DREAM Act, an immigration-related bill, and a measure addressing the “secret holds” U.S. senators can place on presidential nominations aren’t appropriate for defense legislation.

McCain also lamented how a hate crimes protections measure was attached last year to Fiscal Year 2010 Defense Authorization Act.

“Under this majority leader, we have witnessed the unfortunate and growing politicization of the national defense authorization act,” McCain said. “Time to offer and debate important, defense-related amendments to this bill on the floor is being limited or cut off, so that the majority leader can push through highly political legislation that has little or nothing to do with national defense — legislation that would never be referred to the [Senate] Armed Services Committee if it were introduced independently.”

McCain also expressed discontent with the “Don’t Ask, Don’t Tell” repeal language in the bill, but had a notable change in rhetoric from what he’s said previously on the provision.

The senator acknowledged the “Don’t Ask, Don’t Tell” provision has relevance to the U.S. armed forces. McCain also said he has no position on “Don’t Ask, Don’t Tell” repeal at this time, but wants to wait for the Pentagon working group to complete its study on the issue on Dec. 1.

“I want to make one thing very clear: I do not oppose or support the repeal of ‘Don’t Ask Don’t Tell’ at this time, but I do oppose taking legislative action prior to the completion of a real and thorough review of the law,” McCain said. “A complete survey to evaluate the impact of repeal on the men and women serving in our military should be concluded before moving forward.”

Many speculated McCain previously had stronger objection to “Don’t Ask, Don’t Tell” repeal earlier this year because he was facing a challenge from conservative J.D. Hayworth in a Republican primary.

But the primary has since taken place and McCain has emerged as the victor. The Arizona senator now faces a general election against a Democrat.

Senate Armed Services Committee Chairman Carl Levin (D-Mich.) responded to McCain’s objection to proceeding by noting the Senate has taken up amendments on a variety of issues to defense authorization legislation in previous years.

“The Senate as a body has right to offer amendments which are not germane or relevant,” Levin said.

Levin said the Senate has previously considered amendments to defense authorization bills on indecency standards, minimum wage, welfare reform and the death penalty for drug-related killings.

“I didn’t hear anybody make the charge at that the time that somehow or another the Senate rules were being utilized to bring to the floor of the Senate an amendment which wasn’t directly related to the bill in front of us,” Levin said.

Activists target McCain

Earlier on Thursday, activists affiliated with GetEQUAL interrupted a Senate Armed Services Committee hearing to persuade McCain to drop his objection to moving forward with the legislation., according to a statement from the organization.

Working in conjunction with HERO, an Arizona-based grassroots group, activists interrupted the hearing in the Dirksen Senate Office Building while holding up images of those who obstructed civil rights in the past, such as former Alabama Gov. George Wallace.

Additionally, they held up signs saying, “Senator McCain repeal ‘Don’t Ask Don’t Tell,’ do you want to be the next George Wallace?” and “Senator McCain repeal ‘Don’t Ask Don’t Tell,’ it’s not too late to change your legacy.”

Robin McGehee, co-founder of GetEQUAL, said in a statement the protest was necessary because McCain is “more interested in placating the McCain-Palin wing of the Republican Party.”

“When 80 percent of the American people, the Joints Chiefs of Staff, military leaders, and active-duty  servicemembers all agree that it is past time we stop the firing of critical military personnel, you can be assured that you’re standing on the wrong side of history,” she said.

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Congress

Shaheen, Collins reintroduce bill prohibiting anti-LGBTQ discrimination in jury service

Senators note the absence of protections in federal courtrooms

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U.S. Sen. Jeanne Shaheen (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Sens. Jeanne Shaheen (D-N.H.) and Susan Collins (R-Maine) reintroduced a bill on Wednesday that would prohibit discrimination on the basis of sexual orientation and gender identity during the federal jury selection process.

The bipartisan Jury Access for Capable Citizens and Equality in Service Selection (ACCESS) Act would enshrine protections for LGBTQ Americans who are serving or who might be selected to serve on juries, alongside rules proscribing discrimination on the basis of race, color, religion, sex, national origin, and economic status that are already enforced in federal courtrooms.

Co-sponsoring the bill with Shaheen and Collins are U.S. Sens. Sheldon Whitehouse (D-R.I.), Ed Markey (D-Mass.), Martin Heinrich (D-N.M.), Peter Welch (D-Vt.), Catherine Cortez Masto (D-Nev.), Mazie Hirono (D-Hawaii), Ben Ray Luján (D-N.M.) and Chris Coons (D-Del.)

“Serving on a jury is a civic duty that no one should be prevented from fulfilling because of who they are or who they love,” Shaheen said in a press release. “It’s preposterous that under current law there are no protections prohibiting discrimination against LGBTQ+ jurors in federal courts and Congress must take action to rectify this injustice.” 

“Serving on a jury is a fundamental right and obligation that no individual should be prohibited from fulfilling based on their sexual orientation or gender identity,” said Collins. “I have long worked to fight discrimination, and I am proud to join this effort to help eliminate bias from our judicial system.” 

Amid the absence of nationwide protections, the release notes that only 17 states “prohibit exclusion from jury service in state court based on sexual orientation” while “just 12 protect against discrimination based on gender identity.”

This spring, Democratic lawmakers from the House and the Senate, including leadership from both chambers, reintroduced the Equality Act, which would codify LGBTQ inclusive federal nondiscrimination rules in a range of contexts from employment and housing to public accommodations and education.

Shaheen and Collins were integral to the bill’s inclusion of protections applying to jury service.

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Torres: gay Venezuelan asylum seeker is ‘poster child’ for Trump’s ‘abuses against due process’

Congressman spoke with the Blade Thursday

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Democratic U.S. Rep. Ritchie Torres of New York told the Washington Blade during an interview Thursday that his party erred in focusing so much attention on demands for the Trump-Vance administration to return Kilmar Abrego Garcia to the U.S. when the wrongful deportation of Andry Hernández Romero “was much more egregious.”

Hernández is a gay Venezuelan national who was deported to El Salvador in March and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

“In the case of Andry, the government admits that it has no evidence of gang membership, but he was deported without due process, without a notification to his attorney, without a court hearing to contest the allegations against him, without a court order authorizing his deportation,” the congressman said.

“He had not even the slightest semblance of due process,” Torres said. “And even though he had a court hearing scheduled for March 17, the Trump administration proceeded to deport him on March 15, in violation of a court order.”

“I think we as a party should have held up Andry as the poster child for the abuses against due process, because his case is much more sympathetic,” Torres said. “There’s no one who thinks that Andry is a gang member.”

“Also,” the congressman added, “he’s not a quote-unquote illegal immigrant. He was a lawful asylum seeker. He sought asylum lawfully under the statutes of the United States, but he was deported unlawfully at the hands of the Trump administration.”

Torres was among the 49 members of Congress who joined with Democratic U.S. Sens. Alex Padilla and Adam Schiff of California in writing to Secretary of State Marco Rubio on Monday demanding information about Romero, including proof of life.

The lawmakers urged the State Department to facilitate his access to legal counsel and take steps to return him, expressing fear for his safety — concerns that Torres reiterated on Thursday.

“Jails and prisons can be dangerous places for gay men, and that is especially true of a place like CECOT,” the congressman said. “He fled Latin America to escape violent homophobia. There are a few places on earth that have as much institutionalized homophobia as jails and prisons, and so I do fear for his safety.”

“I released a video telling the story of Andry,” Torres noted, adding, “I feel like we have to do more to raise awareness and the video is only the beginning … And you know, the fact that Abrego Garcia is returning to the United States shows that the administration has the ability to bring back the migrants who were unlawfully deported.”

Torres spoke with the Blade just after Padilla was forcibly removed from a federal building in Los Angeles after attempting to question U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday.

Footage of the senator being pushed out of the room, onto the floor, and handcuffed by officers wearing FBI identifying vests drew outrage from top Democrats in California and beyond.

“It’s the latest reminder that Donald Trump and his administration have no respect for anything or anyone but himself,” Torres told the Blade. “And every bit as outrageous as Donald Trump himself has been the enabling on the part of the congressional Republicans who are aiding and abetting his authoritarian abuses.”

“We have to be vigilant in resisting Donald Trump,” the congressman said. “We have to resist him on the streets through grassroots mobilization. We have to resist him in the courtrooms through litigation. We have to resist him in the halls of Congress through legislation.”

Torres added that “we have to win back the majority in 2026” and “if Republicans have no interest in holding Donald Trump accountable, then those Republicans should be fired from public office” because “we need a Congress that is able and willing to hold Donald Trump accountable, to stand up to his authoritarian assault on our democracy.”

Resisting is “a matter of free speech,” he said, noting that the president’s aim is to “create a reign of terror that intimidates people into silence,” but “we cannot remain silent. We have to unapologetically and courageously exercise our right to free speech, our right to assemble peacefully, and our right to resist an authoritarian president like Donald Trump.”

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Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

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U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



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