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Leahy withholds amendments for gay couples in immigration bill

In tearful speeches, Dems says time is wrong for measures

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Patrick Leahy, United States Senate, Democratic Party, Vermont, gay news, Washington Blade
Sen. Patrick Leahy (D-Vt.) withheld UAFA as a committee amendment (Blade file photo by Michael Key)

Sen. Patrick Leahy (D-Vt.) withheld UAFA as a committee amendment. (Blade file photo by Michael Key)

Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) on Tuesday withheld amendments to include gay couples as part of immigration reform in the aftermath of speeches — sometimes tearful — from Democrats on the panel who said they couldn’t support the measures.

After an extended speech on why he believes discrimination against gay couples is wrong — Leahy said “with a heavy heart” he wouldn’t introduce the amendments before the Senate Judiciary Committee. They would have made bi-national same-sex couples equal under the law to straight couples for immigration purposes.

“In the immigration context, if you’re an American and fall in love will someone of the same sex from a different country and you get married legally, your spouse will not be treated like any other immigrant spouse would be by your federal government,” Leahy said. “My amendments would change that. I don’t want to be the senator who asks Americans to choose between the love of their life and the love of their country.”

During his remarks, Leahy asked members of the “Gang of Eight” who produced the base bill and were also members of the Senate Judiciary Committee why they decided to exclude gay couples from the initial legislation.

Under current law, gay Americans are unable to sponsor their foreign partners for residency in the United States — even if they’re married — unlike straight Americans. For couples that are married, that’s because of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. LGBT advocates had been pushing Congress to rectify this issue as part of comprehensive immigration reform.

Two amendments were proposed by Leahy. One mirrored the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the United States. The other would have allowed for the approval of marriage-based green card applications for married same-sex couples.

Democrats who are known for being LGBT rights supporters — Sens. Chuck Schumer (D-N.Y.), Al Franken (D-Minn.), Dianne Feinstein (D-Calif.) and Richard Durbin (D-Ill.) — said they were torn on the issue, but couldn’t support the amendments out of fear they would lose Republican support and it would kill the legislative package.

Feinstein said the Supreme Court, which is currently considering the constitutionality of DOMA, may make the issue “moot” because a ruling against the anti-gay law in June would end federal discrimination against married same-sex couples.

“We now know that this is going to blow the agreement apart,” Feinstein said. “I don’t want to lose Sen. Graham’s vote because Sen. Graham’s vote can represent and be used as the rationale for dozens of other [lawmakers] who then will not vote for the immigration bill. … I am for what Sen. Leahy is proposing, I would just implore to hold off on this amendment at this time.”

Schumer, a member of the “Gang of Eight,” said he tried to persuade other senators to support the idea and believes current law is “rank discrimination,” but can’t bring himself to support the amendments because of Republican opposition.

“If we make the effort to add it to this bill, they will walk away,” Schumer said. “They’ve said it publicly, they’ve told me privately — I believe them. The result: no equality, no immigration bill. Everyone loses.”

Prior to the vote, Schumer was targeted by LGBT groups for being the only Democrat on the committee to not voice support for including UAFA as part of the larger package.

Durbin was particularly emotional and had tears in his eyes as he explained why they couldn’t support the measures. A member of the “Gang of Eight,” Durbin said he supports UAFA, but doesn’t see immigration reform as the best vehicle for the measure.

“I believe in my heart of hearts that what you’re doing is the right and just thing … but I believe this is the wrong moment, this is the wrong bill,” Durbin said. “There are approximately 250,000 LGBT undocumented immigrants in America that would benefit from passage of immigration reform. I want to make certain they have that chance.”

LGBT rights groups responded to the committee’s exclusion of same-sex couples from immigration reform with vocal disappointment.

Rachel Tiven, executive director of the LGBT group Immigration Equality, attended the markup and — while she said she’s “proud’ of Leahy for his support — expressed frustration with other Democrats.

“I’m very proud of Sen. Leahy; I’m very dismayed that his colleagues did not stand up with him to talk about the dignity of LGBT immigrant families,” Tiven said. “Only Sen. Leahy talked about the LGBT immigrants that he represents who have dreams, too, and who want to see a good bill passed that will help everyone, and who need immigration reform as badly as any other immigrant.”

Tiven named Democrats on the panel with whom she was particularly disappointed because of their previously articulated support for the LGBT community.

“To hear Sen. Durbin say, ‘Well, this is an outside issue like gun control,’ to hear that Sen. Franken didn’t speak up for families like Ginger and Ness Madeiros, whose visa runs out in August — what are they and their eight-month-old son going to do?” Tiven said. “I can’t imagine how they’re feeling right now about Sen. Franken. How could he not say these are immigrant families, too?”

With the exception of Schumer, Tiven maintained the Democrats on the panel expressed support for including same-sex couples in the reform package, which made their statements during the committee markup surprising.

But Republican members of the panel were most opposed to including the measures. They reiterated their opposition to including the measure in the package and said adopting them would break apart the coalition that helped put it together.

Sen. Lindsey Graham (R-S.C.), a Republican member of the “Gang of Eight,” said the legislation would lose support from evangelical Christians and the Catholic Church, who’ve supported the measure, if those protections were included.

“I support traditional marriage without animosity,” Graham said. “I’m not married; I guess that means maybe I shouldn’t speak at all about it, but I do believe that the people of my state, and the people of other states who have gone different ways than Vermont, believe it would throw the coalition out of balance.”

When Leahy asked Graham if anything in the amendments would require South Carolina to change its state law on marriage, Graham said no, but maintained it would be making him vote in favor of a concept he opposes.

“You got me on immigration; you don’t got me on marriage,” Graham said. “I can’t just tell any more directly; you want to keep me on immigration; let’s stay on immigration.”

Sen. Jeff Flake (R-Ariz.), another GOP member of the “Gang of Eight,” also said he expected the coalition that put the bill together to fall apart if same-sex couples were included.

“This is an issue that is being addressed by the courts right now, I think that it would certainly upset the coalition that we have,” Flake said. “Certainly, we in Arizona, like in South Carolina, have spoken on the issue. It would certainly mean that this bill would not move forward. That would be a real shame, given how far we’ve come and the work that’s gone into this.”

Winnie Stachelberg, vice president of external affairs at the Center for American Progress, pointed at Republicans as the reason why same-sex couples weren’t included in the legislation.

“We’re all disappointed that at this juncture in the process, a small handful of Republicans prevented the provision from being voted on, but we’ve got a long way to go in the process and we’ll continue to work hard to secure the votes on the floor if it comes up,” Stachelberg said.

Following the discussion on the Leahy amendments, the committee reported out the legislation by a 13-5 vote. Supporters of immigration reform in the room — largely members of immigrant community — chanted, “Yes we can! Yes we can!” and embraced senators who voted in favor of the legislation as they snapped photos with them.

According to a report from the Williams Institute, an estimated 275,000 undocumented LGBT Americans would have a path to citizenship as the legislation currently stands if it reaches President Obama’s desk and is signed into law.

In a statement after the vote, Obama, who called for a gay-inclusive bill as part of his vision for reform, commended the committee for completing work on the legislation and urged a floor vote as soon as possible.

“None of the committee members got everything they wanted, and neither did I , but in the end, we all owe it to the American people to get the best possible result over the finish line,” Obama said. “I encourage the full Senate to bring this bipartisan bill to the floor at the earliest possible opportunity and remain hopeful that the amendment process will lead to further improvements.”

Leahy’s announcement came after an Associated Press report saying the White House had asked the Vermont senator to hold off on offering the amendments until the measure goes before the full Senate.

It’s unclear whether Leahy will introduce the amendments once the legislation reaches the Senate floor, which is expected early in June. Passage on the Senate floor would be significantly more difficult than passage would have been in committee if a 60-vote threshold is necessary to overcome a filibuster.

After the committee reported out the bill, the Washington Blade asked Sen. Chuck Schumer (D-N.Y.) whether he wants to see UAFA brought up as an amendment on the Senate floor.

“You’ll have to ask Sen. Leahy about that,” Schumer replied. “As you heard, I believe strongly in UAFA. I don’t think I have to say anything more; I spoke long enough on it.”

Although the amendment for same-sex couples wasn’t included, the committee on Monday rejected an amendment that would have removed a provision supported by LGBT advocates that was included in the base bill.

Sen. Charles Grassley (R-Iowa) offered two amendments that would have eliminated the repeal of the one-year filing deadline for asylum seekers. One amendment failed on a vote of 6-12 and the other failed on a vote of 9-9.

LGBT advocates had supported that provision in the base bill because LGBT asylum seekers often don’t know they have a one-year deadline to apply for asylum in the United States, or lack financial resources to make the application.

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The White House

Trump tells Fox News he won the ‘gay vote’ — but polls tell a different story

Trump falsely claims LGBTQ support on Fox despite polling showing overwhelming opposition.

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President Donald Trump at the State of the Union in February 2025. (Washington Blade photo by Michael Key)

President Donald Trump claimed he won the “gay vote” in 2024, despite evidence showing otherwise.

While appearing by phone on Fox News’s panel show “The Five” on Thursday, Trump falsely claimed he performed particularly well among gay voters while discussing the ongoing war in Iran — a conflict he initiated without formal congressional approval.

“Now I think I did very well with the gay vote, OK? I even played the gay national anthem as my walk-off, OK?” Trump said on air.

“And I think it probably helped me. But I did great. No Republican’s ever gotten the gay vote like I did and I’m very proud of it, I think it’s great. Perhaps it’s because I’m from New York City, I don’t know…”

His claim contradicts 2024 polling from NBC News, which found that the GOP presidential ticket captured fewer than 1 in 5 LGBTQ male voters — a figure that may also include bisexual and transgender men. Trump’s support among LGBTQ female voters was even lower, at just 8%.

White LGBTQ voters favored Vice President Kamala Harris over Trump by a margin of 82% to 16%, while LGBTQ voters of color backed Harris by an even wider 91% to 5%.

Trump also used the appearance to criticize “Gays for Palestine,” saying: “Look at ‘Gays for Palestine’… they kill gays, they kill them instantly, they throw them off buildings, and I’m saying, ‘Who are the gays for Palestine?’”

He further pointed to his campaign’s use of the song “Y.M.C.A.” by the Village People — which he has repeatedly described as a “gay national anthem” — noting that it was frequently used as a walk-off song at rallies, as an indication that he and his campaign were supported by the gay community. The track, long associated with camp and hyper-masculine gay imagery, became a staple of Trump campaign events.

The Village People were later booked to perform at Turning Point USA’s inaugural ball celebrating Trump’s second inauguration. Lead singer Victor Willis previously criticized Trump’s use of the song dating back to 2020 and considered legal action to block it, but ultimately said there was “not much he can do about it.” He later acknowledged the renewed exposure was “beneficial” and “good for business,” boosting the song’s popularity and chart performance.

Despite Trump’s claims of strong support from gay voters, polling has consistently shown otherwise — even as several prominent gay men have held roles in or around his orbit, sometimes dubbed the “A-gays.” These include Richard Grenell, former executive director of the Kennedy Center and Special Presidential Envoy for Special Missions; Treasury Secretary Scott Bessent; Under Secretary of State Jacob Helberg; Department of Energy official Charles T. Moran; and longtime supporter Peter Thiel, co-founder and CEO of Palantir.

His efforts to portray himself as aligned with the gay community stand in conflict with policies advanced under his leadership. These include removing LGBTQ-related data from State Department reports, attempting to narrowly redefine gender identity in federal policy, restricting access to gender-affirming health care, and rolling back anti-discrimination protections. His administration also rescinded initiatives focused on LGBTQ health equity, data collection, and nondiscrimination in health care and education — moves advocates say contribute to stigma and worsen mental health outcomes.

Additionally, some HIV programs and community health centers have lost funding from the federal government after supporting initiatives inclusive of transgender people as a direct result of Trump-Vance policies.

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Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Japan

Japanese Supreme Court to consider marriage equality

Japan only G7 country that does not legally recognize same-sex couples

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Japanese Supreme Court (Photo public domain)

The Japanese Supreme Court on Wednesday said it will consider six marriage equality lawsuits.

NHK, the country’s public broadcaster, noted all 15 of the court’s justices will consider the case.

Japan is the only G7 country that does not legally recognize same-sex couples, despite several court rulings in recent years that found the denial of marriage benefits to gays and lesbians unconstitutional.

Tokyo High Court Judge Ayumi Higashi last November upheld Japan’s legal definition of a family as a man and a woman and their children.

Prime Minister Sanae Takaichi, who became the country’s first female head of government last October, opposes marriage rights for same-sex couples. She has also reiterated the constitution’s assertion that the family is an institution based around “the equal rights of husband and wife.”

Same-sex couples can legally marry in Taiwan, Nepal, and Thailand.

NHK reported the Supreme Court is expected to issue its ruling in early 2027.

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