Politics
Kerry announces foreign same-sex couples eligible for visas
Sec’y of State makes announcement at U.S. Embassy in London


Secretary of State John Kerry announced new policy in which foreign same-sex couples are eligible for visas (photo public domain).
Speaking at the U.S. embassy in London, Secretary of State John Kerry announced on Friday that the State Department will begin processing visa applications for married gay couples in the same way the administration does for opposite-sex couples.
“If you are the spouse of a U.S. citizen, your visa application will be treated equally,” Kerry said. “If you are the spouse of a non-citizen, your visa application will be treated equally. And if you are in a country that doesn’t recognize your same-sex marriage, then your visa application will still be treated equally at every single one of our 222 visa processing centers around the world.”
According to a frequently-asked-questions page on the State Department website, the change means the same-sex spouse of a visa applicant who’s coming to the United States for any purpose – such as work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa. Similarly, stepchildren acquired through same-sex marriages can qualify as beneficiaries or for derivative status.
Kerry made the announcement at the U.S. embassy in London en route back to Washington following his trip to Islamabad, Pakistan, for consultations with the newly elected government. He noted same-sex marriage will begin in England and Wales starting in 2014 thanks to recently passed legislation, which would give married same-sex couples there an additional opportunity to apply for visas in the United States.
“Now, as long as a marriage has been performed in a jurisdiction that recognizes it so that it is legal, then that marriage is valid under U.S. immigration laws, and every married couple will be treated exactly the same, and that is what we believe is appropriate,” Kerry said.
According to Freedom to Marry, 16 countries have legalized same-sex marriage. They include the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, and Brazil. New Zealand, Uruguay and Britain have also legalized marriage equality, but the laws there have yet to take effect.
The change brings the State Department into alignment with the Supreme Court decision striking down Section 3 of the Defense of Marriage Act as unconstitutional. It also comes on the heels of a policy change at the Department of Homeland Security enabling married bi-national same-sex couples to apply for green cards via the I-130 marriage-based green card application process.
“Today, the State Department, which has always been at the forefront of equality in the federal government, I’m proud to say, is tearing down an unjust and an unfair barrier that for too long stood in the way of same-sex families being able to travel as a family to the United States,” Kerry said.
The FAQ on the State Department’s website says a gay couple doesn’t have to live or intend to live in a state that recognizes same-sex marriage for that couple to apply for an immigrant or a non-immigrant visa.
Further, the couple doesn’t even need to be married or live in country that offers same-sex marriage as long as they intend to wed. In this case, the FAQ says the couple may file a Form I-129F and apply for a fiancé (K) visa.
“As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for the purpose of marriage,” the FAQ states.
In a blog posting on Immigration Equality’s website, Victoria Neilson, the organization’s legal director, said the new policy marks “another day to celebrate,” but added the organization wants further change from the administration.
“We have not yet solved every issue for all couples — we are hearing that Customs & Border Protection agents are still awaiting guidance and may not allow same-sex spouses to enter the U.S. in derivative status,” Neilson said. “Likewise, we continue to be concerned about how DOS will handle safety issues for marriage-based benefits filed for noncitizens in countries that criminalize same-sex relations. Immigration Equality will continue to push every agency until all couples are able to access the benefits that they are entitled to under the law.”
Congress
House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms
Congressional Equality Caucus sharply criticized move

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.
Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.
The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).
The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”
“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.
They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).
“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”
“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.
Congress
Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill
GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.
The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.
The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.
Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”
He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.
Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.
Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.
The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.
In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”
While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.
U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:
“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.
“Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”
The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:
“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.
“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”
Congress
Murkowski, Shaheen reintroduce Global Respect Act
Bill would sanction foreign nationals who commit anti-LGBTQ human rights abuses

U.S. Sens. Lisa Murkowski (R-Alaska) and Jeanne Shaheen (D-N.H.) on Wednesday once again introduced a bill that would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people.
The two senators have previously introduced the Global Respect Act. Co-sponsors include U.S. Sens. Chris Van Hollen (D-Md.), Chris Murphy (D-Conn.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Edward Markey (D-Mass.), Tammy Baldwin (D-Wis.), and Ron Wyden (D-Ore.)
“Around the world, individuals who are part of the LGBTQ+ community are in danger for simply existing,” said Murkowski in a press release. “Hate and violence cannot and should not be tolerated. I’m hopeful that this legislation will establish actionable consequences for these inexcusable human rights violations, and create a safer world for all people — regardless of who they are or who they love.”
Shaheen in the press release notes “the risk of personal harm for LGBTQI individuals for publicly identifying who they are or expressing who they love has tragically increased in recent years.”
“Human rights, as defined by the Universal Declaration of Human rights, recognizes that global freedom, justice, and peace depend on ‘the inherent dignity’ and ‘the equal and inalienable rights of all members of the human family,” said the New Hampshire Democrat. “LBGTQI human rights are universal human rights. We must ensure that we hold all violators of those rights accountable.”
The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.
The current White House has suspended most foreign aid. The elimination of these funds has left the global LGBTQ and intersex rights movement reeling.
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