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Where does the LGBT movement go in 2014?

More battles, victories anticipated this year in the aftermath of historic 2013

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Winter Olympics, John Boehner, Supreme Court, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade
Winter Olympics, John Boehner, Sean Eldridge, Supreme Court, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

New advancements on LGBT rights are expected in 2014 in the aftermath of a milestone year in 2013. (Photo of the Winter Olympics public domain; Washington Blade photos of John Boehner, Sean Eldridge and activists in front of the Supreme Court by Michael Key)

Although 2013 will be a tough act to follow in terms of achievements for the LGBT community, some advocates say significant new battles and potential victories are on the horizon for 2014.

Additional court rulings on marriage and the upcoming Olympic Games in Sochi will attract attention, but the focus will also be on the lead-up to the mid-term elections in November 2014. Voters are expected to decide the issue of marriage equality at the ballot and make decisions in candidate elections that would shape LGBT rights in the future.

Next month, all eyes will be on the Winter Olympics to see what impact gay athletes coming to compete in Sochi, Russia, might have on the anti-gay laws there, including the now notorious law prohibiting pro-gay propaganda. The Olympics will be held between Feb. 6 and 23.

It remains to be seen whether any of the athletes who’ll compete in the games — or any of the three openly gay members of the U.S. delegation to the Olympics — will speak out against the anti-gay policies, and whether the Russian government will subject them to punishment under the propaganda law for doing so.

In terms of the advancement of marriage equality, no one is predicting movement in the state legislatures as seen in 2013, but action is expected at the ballot and as a result of numerous court cases filed throughout the country.

In Oregon, activists are preparing for a campaign to legalize same-sex marriage at the ballot. They’re already touting 118,176 signatures, which is more than 116,284 needed by July 3 to place the measure before voters. Success at the ballot would mean Oregon would become the first state in the country to overturn a state constitutional amendment banning same-sex marriage through a ballot initiative.

Another effort is underway in Ohio, where the group Freedom Ohio is touting a new poll showing 56 percent of Ohio residents support marriage equality as part of an effort to place a measure on the ballot in 2014. National LGBT groups, however, aren’t behind this endeavor and reportedly have said 2014 isn’t the year to bring marriage equality to the ballot in Ohio.

But 2014 may also see the return of state constitutional amendments at the ballot banning same-sex marriage. Opponents of same-sex marriage in Indiana are seeking a vote in the legislature on such an amendment, which would bring the issue before voters in the 2014 election.

It’s possible that a similar amendment may appear on the 2014 ballot in New Mexico, where anti-gay lawmakers unhappy with the state Supreme Court’s recent decision to legalize same-sex marriage have threatened to take action. However, the legislature needs to approve the amendment before it goes to voters, which is unlikely because Democrats control both the House and Senate.

Amid efforts to place the marriage issue on the ballot, courts may issue rulings in favor of marriage equality in any of the at least 23 states with pending marriage litigation. Such rulings could happen in Michigan, where a trial on the ban same-sex marriage has been set for February, or in Pennsylvania. A federal court in West Virginia may respond to a request for summary judgment filed Tuesday by Lambda Legal on behalf on same-sex couples seeking to wed in the state.

For the first time since the Supreme Court ruling against the Defense of Marriage Act, federal appeals courts will also take up the issue of marriage equality. The U.S. Tenth Circuit Court of Appeals will review the marriage lawsuit in which U.S. District Judge Robert Shelby recently instituted marriage equality in Utah, and the U.S. Ninth Circuit Court of Appeals will review Nevada’s ban on same-sex marriage in the case known as Sevcik v. Sandoval.

It’s possible that rulings at the appellate level could send the issue of marriage equality back to the Supreme Court as soon as next year.

Marc Solomon, national campaign director for Freedom to Marry, said the endeavors to advance marriage equality in 2014 will foster a better climate for the Supreme Court to make a “national resolution” in favor of marriage equality.

“We really don’t know, and nobody knows, which case is going to be that case that gets to the Supreme Court, when it’s going to happen, if it’s going to happen next year, if it’s going to happen in five years,” Solomon said. “Basically, we are full-steam ahead with what we call our ‘Roadmap to Victory’ to win more states, grow public support, get more unexpected allies, and demonstrate that the country is completely ready.”

Solomon said his organization also plans to participate in public education campaigns in Arizona, Ohio, Michigan, Colorado and Nevada in anticipation of going to the ballot to win marriage equality in 2016 in addition to a similar campaign in Pennsylvania to foster a climate for a court ruling in favor of marriage equality in the Keystone State.

Advancement of pro-LGBT federal legislation may also take place, although the chances such legislation will reach President Obama’s desk are low — to say the least — because Republicans control the House.

Supporters of the Employment Non-Discrimination Act are pushing for a vote in the Republican-controlled chamber following a bipartisan vote in the Senate in favor of the legislation. Although the legislation has 201 sponsors in a chamber where 218 votes are needed for passage, House Speaker John Boehner (R-Ohio) has repeatedly said he opposes the legislation when asked if he’ll bring up the bill for a vote.

Issues for married same-sex couples in the aftermath of the U.S. Supreme Court decision striking down Section 3 of the Defense of Marriage Act are also expected to surface. Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) has pledged to hold a hearing on these outstanding issues.

Among them is the Social Security Administration’s continued hold on benefits claims for married same-sex couples in non-marriage equality states. Passage of the Respect for Marriage Act would address these issues by ensuring married same-sex couples would be able to receive federal benefits wherever they move in the country.

The Senate early this year may also take up a version of No Child Left Behind reauthorization — reported out on a party-line basis in June by the Senate Health, Education, Labor & Pensions Committee — that contains anti-bullying provisions along the lines of the Student Non-Discrimination Act and the Safe Schools Improvement Act.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said the successes of 2013 are “much to celebrate,” but said they also highlight more work is necessary at the federal level — not just on LGBT-specific issues, but other areas like immigration reform and restoration of the Voting Rights Act.

“Every victory we achieve makes clearer the inequalities that remain — the painful gap between progress and true freedom,” Carey said. “That’s why we need the House to pass the Employment Non-Discrimination Act; fair immigration reform legislation; and to restore the heart of the Voting Rights Act, so unceremoniously gutted by the Supreme Court this past year. We must win on these issues in 2014; we can win on these issues in 2014.”

Meanwhile, campaigns are ramping up for elections in 2014. For the first time ever, at least two openly gay candidates may appear as gubernatorial candidates representing a major party.

In Maryland, lesbian Del. Heather Mizeur is running against two other candidates in a bid for the Democratic nomination for governor. Her primary is June 24.

And in Maine, Rep. Mike Michaud (D-Maine), who came out as gay in 2013, is seeking to oust Republican Gov. Paul LePage. Michaud is the only declared candidate on the Democratic side.

In Congress, six openly LGB members of the U.S. House will be seeking to retain their seats. Those running in moderate districts who may face more challenging re-election bids are Reps. Mark Takano (D-Calif.), Kyrsten Sinema (D-Ariz.) and Sean Patrick Maloney (D-N.Y.).

Sean Eldridge, an entrepreneur known for his work advocating for marriage equality in New York and also known for being married to Facebook co-founder Chris Hughes, is seeking to unseat incumbent Republican Chris Gibson to represent New York’s 19th congressional district.

Other gay newcomers are on the Republican side. Former Massachusetts State Sen. Richard Tisei, who narrowly lost a challenge to Rep. John Tierney (D-Mass.) in 2012, is considering a rematch in 2014.

Former San Diego City Council member Carl DeMaio is seeking to represent the San Diego area in the U.S. House and University of New Hampshire administrator Dan Innis has launched a bid to unseat Rep. Carol Shea-Porter (D-N.H.).

Despite openly gay candidates on the Republican side, LGBT advocates will likely also work for Democratic majorities in Congress — achieving it in the House and preserving it in the Senate — to foster a better climate for passing pro-LGBT legislation.

That may be an uphill battle. A recent survey from CNN/ORC International shows Republicans have increased their edge in the race for control of Congress. Republicans lead Democrats by 49 percent to 44 percent among registered voters asked to pick between unnamed candidates from each party in their district. That’s up from a smaller two-point edge in favor of Republicans last month.

Stuart Rothenberg, editor of the Rothenberg Political Report, said he doesn’t think the House will be in play given the abysmal state of President Obama’s polling numbers, and Republicans have a strong chance of winning the Senate.

“The Senate definitely is up for grabs,” Rothenberg said. “It’s probably close to 50-50 that Republicans will net the six seats that they will need to get to 51 seats. But there is plenty of time for events to occur that could change the current outlook.”

Whatever happens in Congress, LGBT advocates pledge to work at all levels of the government — federal, state and local — to continue to advance rights for the LGBT community.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said 2014 will present “tremendous opportunities” for the LGBT community in the aftermath of 2013’s victories.

“We will continue to advance all measures of equality in the states, most importantly non-discrimination laws that affect the greatest number of LGBT people,” Sainz said. “And federally, we will continue to grow support for ENDA toward its eventual passage — as well as other bills that are part of our legislative agenda.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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