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Hopes ride on litigation, override after N.J. marriage veto

Gay groups come down on Christie for rejecting bill

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Gay rights groups are pinning their hopes on litigation and a possible override vote in the aftermath of Gov. Chris Christie’s veto of a bill that would have legalized same-sex marriage in New Jersey.

On Friday, Christie vetoed the marriage legislation after the State Assembly passed it by a vote of 42-33 and the State Senate approved it by a vote of 24-16 earlier in the week.

The governor’s veto of the marriage bill was expected. Christie had pledged to reject the bill and called for a referendum to decide the issue.

According to the Associated Press, Christie said in a statement accompanying his veto that he’s “adhering to what I’ve said since this bill was first introduced — an issue of this magnitude and importance, which requires a constitutional amendment, should be left to the people of New Jersey to decide.”

“I continue to encourage the legislature to trust the people of New Jersey and seek their input by allowing our citizens to vote on a question that represents a profoundly significant societal change,” Christie said. “This is the only path to amend our state constitution and the best way to resolve the issue of same-sex marriage in our state.”

LGBT groups condemned Christie in response to his veto and pledged to continue the fight to win marriage rights for gay couples.

Evan Wolfson, president of Freedom to Marry, said Christie “planted his feet firmly on the wrong side of history.”

“Fortunately, his ‘no’ will not be America’s – or New Jersey’s – last word,” Wolfson said. “It is simply an obstacle we overcome as we continue on the road to liberty and justice for all.”

Steven Goldstein, head of Garden State Equality, issued a statement just prior to Christie’s veto, saying he personally likes the governor, but suspects he vetoed the bill because of his national political ambitions.

“He won’t veto the bill because he’s anti-gay,” Goldstein said. “He’ll veto the bill because the 2016 South Carolina Republican Presidential primary electorate is anti-gay. And if I get flooded with letters now from Charleston, so be it.”

Goldstein also lambasted Christie’s call for a referedum, which he said “everyone knows will never happen in New Jersey.”

A poll published Tuesday by Rutgers-Eagelton found 54 percent of New Jersey residents favor legalizing same-sex marriage. At the same time, 53 percent say they back the idea of bringing marriage to a vote, while 40 percent said marriage is a civil rights issues that shouldn’t be decided by voters.

But Christie’s veto of the bill was conditional. It included the creation of what he called an ombudsman for civil unions that he said would “carry on New Jersey’s strong tradition of tolerance and fairness.”

Christie maintained in his statement that he’s been “adamant” that same-sex couples in civil unions, which are legal in New Jersey, deserve the same rights and benefits as married couples.

“Discrimination should not be tolerated and any complaint alleging a violation of a citizen’s right should be investigated and, if appropriate, remedied,” Christie said.

But Goldstein was critical of the idea that a civil unions ombudsman would strengthen the state’s civil union law, calling it “the very essence of the political theater” decried by Christie.

Goldstein raised questions about how a civil union ombudsman would enforce the civil union law. Among them are how the official would help same-sex couples living in New Jersey, but working in New York where same-sex marriage is legal, how it would deal with the children being raised by same-sex couples who feel stigmatized because their parents cannot marry, or how it would help couples in civil unions who aren’t treated fairly by employers and hospitals.

“A civil union ombudsman might well be the country’s first-ever Enforcer of Discrimination — and worse,” Goldstein said. “A civil union ombudsman is nothing more than the shameless dressing up of a veto of people’s dignity and equality — the equivalent of gold-plating a separate water fountain for a specific class of people.”

One option to get around Christie’s veto of the marriage bill is an override vote in the legislature. An override would require 12 additional votes to reach the 54 needed in the Assembly. In the Senate, three more votes are required to reach the necessary 27.

Goldstein said he’s put his organization “immediately to work to achieve an override” of Christie’s veto, noting advocates have nearly two years to do the job.

“The great news is, we have until the end of the legislative session, in January 2014, to do it,” Goldstein said.

Litigation is also underway in New Jersey state courts to win marriage rights for gay couples in New Jersey. In June, Lambda Legal filed a lawsuit arguing that barring same-sex couples from marriage and relegating them to civil unions violates the New Jersey Constitution.

Hayley Gorenberg, Lambda’s deputy legal director, said her organization is “disappointed” with Christie, but will continue the fight to win marriage equality with the tools at hand.

“We’ll continue to make our case for equality with our plaintiffs in court,” Gorenberg said. “We also stand by our colleagues at Garden State Equality, working to gain support for a veto override in the legislature.”

In November, Lambda defeated defendants’ attempt to dismiss the case, and the judge ruled it could proceed. A trial is expected early in 2013.

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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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