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Feinstein on DOMA repeal: ‘We’re in this for the long march’

Calif. senator says no time set for committee to report out repeal bill

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Sen. Dianne Feinstein (Blade file photo by Michael Key)

Sen. Dianne Feinstein (D-Calif.) maintained on Tuesday that backers of legislation that would repeal the Defense of Marriage Act are in the fight “for the long march” and will continue pushing for the bill’s passage even it doesn’t make it through this Congress.

Feinstein, the sponsor of DOMA repeal legislation known as the Respect for Marriage Act, asserted supporters will continue to press on with the measure at the National Press Club during a news conference intended to highlight the bill and a Senate hearing set to take place Wednesday on the measure.

“I want to assure you that this isn’t a cause which we are going to drop,” Feinstein said. “We are not faint hearts about this. If we don’t succeed this session, we will try again next session. If we don’t succeed next session, we will try again the following session, but, believe me, we will continue this effort until the battle is won.”

Among the 14 senators who voted against DOMA when it came before the Senate in 1996, Feinstein said she opposed the measure at the time because she thought it was “unconstitutional” and continues to believe that to this day about the anti-gay law.

Following the news conference — which was organized by the Courage Campaign, a progressive organization working to build support in the Senate for DOMA repeal — reporters questioned Feinstein about the prospects for passing repeal legislation during the 112th Congress. Observers have said passage of any pro-LGBT bill — including DOMA repeal — wouldn’t happen as long as Republicans remain in control of the House.

Asked whether she thinks DOMA repeal would pass the Republican-controlled House, Feinstein acknowledged passage in that chamber remains a challenge, but reiterated “we’re in this for the long march, not just for the short haul.”

Observing litigation is making its way through the federal courts that could strike down DOMA, Feinstein said she wants legislative repeal of DOMA in addition to having the judiciary rule against the law. Asked whether she had a preference for legislative or judicial action, the California Democrat replied, “I think we should do both, so that we secure the arena forever.”

The necessary 10 votes in the Senate Judiciary Committee are present to report out the legislation to the floor. Each of the Democrats on the committee have signaled — through co-sponsorship or on-the-record comments — they would support the bill. Sen. Patrick Leahy (D-Vt.), chair of the panel, could report out the legislation to the floor, if he so chose, following the hearing on Wednesday.

However, Feinstein said a timeframe hasn’t yet been established for when the legislation would proceed to the floor — or even if it would happen this Congress — as she acknowledged that the votes are present in committee to move forward.

“There’s no timeframe right now and this is — I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know,” Feinstein said.

Feinstein maintained that the purpose of the upcoming hearing would be to demonstrate the hardship that DOMA has on married same-sex couples.

“I think it’s very important that we achieve a level of understanding of what this is — that it’s not affording any special rights,” Feinstein said. “It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits — those kinds of things that are afforded to married couples.”

Under questioning from the Washington Blade, Feinstein also responded to criticism about the scheduled witnesses for the hearing being all white and the lack of representation of bi-national couples at the hearing. Gay activist Dan Choi has spoken out against the selection of the witnesses for being what he called “exclusively white and privileged,” even though the hearing notice indicates the same-sex couples set to testify have suffered economic hardship because of DOMA.

Feinstein said she believes the selection of witnesses accurately represents the issues LGBT couples face under DOMA.

“Every couple has a different story to tell,” Feinstein said. “That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.”

A transcript of the exchange between Feinstein and reporters on DOMA repeal legislation follows:

Reporter: When will the bill before the Senate Judiciary Committee? Is there a timeframe?

Dianne Feinstein: Oh, it’s before the Judiciary Committee. The hearing is tomorrow.

Reporter: But a vote in committee? A markup?

Feinstein: No. There’s no timeframe right now and this is — I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know. I think it’s very important that we achieve a level of understanding of what this is — that it’s not affording any special rights. It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits — those kinds of things that are afforded to married couples.

Reporter: Senator, is there any Republican support from your bill?

Feinstein: Not at this time. I think it’s a hard time because of the Tea Party and the sort of ideological bent right now. But that’s going to change.

Reporter: You said that the president’s opinion on marriage equality — should he come out in favor of it — would certainly be welcome. You’re hoping he endorses repeal. Have you had any talks with the administration on the bill?

Feinstein: No. I haven’t precisely. I was very heartened when the administration came out with their belief that it was unconstitutional, and I think that’s a major step forward. The issue will go to the Supreme Court. That’s one way of the issue being solved and the other way is legislatively.

Reporter: Do you have a preference?

Feinstein: Oh, I think we should do both, so that we secure the arena forever.

Reporter: Do you think you’ll have any trouble getting it through the House?

Feinstein: Right now I think it will, but as I said, we’re in this for the long march, not just for the short haul.

Reporter: Senator, the selection of witnesses for tomorrow’s hearing has come under criticism. There are no racial minorities who will be testifying about how DOMA affects them. Also, there’s no bi-national couples who will be testifying —

Feinstein: I can’t answer that because the chairman usually puts together the witnesses. I think we were asked to submit one couple, is that right? [Feinstein aide: “We submitted a number of selections.]

Reporter: But really quickly, do you think the selection of witnesses accurately represents how DOMA impacts same-sex couples.

Feinstein: Yes. I mean, every couple has a different story to tell. That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.

Reporter: Senator, how about within the broader Democratic caucus. Do people want this? Is this something that your fellow senators, you sense, want a floor vote on even if it can’t pass in the House?

Feinstein: It would be, of course, ideal to have a floor vote and have it pass. It would not be ideal to have a floor vote and have it fail. I’m not into failure as an option.

Reporter: How did you feel all those years ago when you were one of … 14 [senators who voted against DOMA] and how have things changed since then?

Feinstein: I think eyes have opened. I think more and more people across this land know people who are gay, who want to have a lasting relationship, who look at marriage as an economic agreement as well as an emotional agreement, who want to raise children and do raise children — many of them — children who have no other option. So, it becomes an important social gift, too.

Thank you, bye.

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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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National

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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