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Gay juror decision bodes well for marriage cases: experts

Ninth Circuit applies heightened scrutiny to laws related to sexual orientation

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National LGBT Bar Association, Gay News, Washington Blade

The Ninth Circuit Court of Appeals applied heightened scrutiny in ruling against discrimination against gay jurors (image via wikimedia).

A ruling handed down by a federal appeals court on Tuesday in favor of LGBT non-discrimination in jury selection bodes well for the success of marriage equality litigation, according to legal experts who spoke to the Washington Blade.

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the decision is important in and of itself, but also because of its impact on the case pending before the same courtĀ against Nevada’s ban on same-sex marriage.

“The ruling will make it even more difficult for Nevada’s marriage law to withstand the current challenge to it because heightened scrutiny means that the government will have to identify an ‘important’ state interest if it wants to continue to exclude gay and lesbian couples from marriage,” Goldberg said.

On Tuesday, a three-judge panel on the U.S. Ninth Circuit Court of Appeals determined the trial judge erred in allowing one litigant to remove a juror because of his sexual orientation, remanding the case for a new trial.

The case ā€” Glaxo Smith Kline v. Abbott Laboratories ā€” is the result of antitrust, contracts and business tort claims filed against the company for quadrupling the price of its protease inhibitor booster drug used by people with HIV. During jury selection, Abbott used its first peremptory challenge to strike a prospective juror after learning he was gay.

Writing for the majority, U.S. District Judge Roy Reinhardt ruled that Abbott “unconstitutionally used a peremptory strike” to exclude Juror B from the case because of his sexual orientation, but goes further by saying the court must apply heightened scrutiny in its ruling in the wake of the U.S. Supreme Court decision against the Defense of Marriage Act.

“Windsor requires that when state action discriminates on the basis of sexual orientation, we must examine its actual purposes and carefully consider the resulting inequality to ensure that our most fundamental institutions neither send nor reinforce messages of stigma or second-class status,” Reinhardt writes. “In short, Windsor requires heightened scrutiny.”

It’s not the first time that an appellate court has applied heightened scrutiny, or a greater assumption a law is unconstitutional, when considering a case related to sexual orientation. The U.S. Second Circuit Court of Appeals applied that standard when ruling in favor of Edith Windsor in her case against DOMA before that lawsuit came before the Supreme Court.

Several federal district courts have made similar rulings, as have the state high courts of California, Iowa, Connecticut and New Mexico. The view that laws related to sexual orientation should be subject to heightened scrutiny is also shared by the Obama administration.

But the decision in the Ninth Circuit is significant because it creates precedent within that jurisdiction to apply heightened scrutiny in the numerous cases before it involving gay people and may encourage courts outside the circuit to do the same.

Doug NeJaime, a law professor at the University of California, Irvine, said the court application of heightened scrutiny to its decision “is very significant.”

“This Ninth Circuit ruling will likely encourage other courts to engage with the issue of whether Windsor suggests some heightened form of scrutiny,” NeJaime said. “More concretely, it will directly influence the challenge to Nevadaā€™s marriage law currently before the Ninth Circuit; whether sexual orientation merits heightened scrutiny for federal equal protection purposes has been an issue throughout that case, and the district court had decided that it did not.”

Still, NeJaime said the Ninth Circuit’s decision to draw on the DOMA decision to apply heightened scrutiny “will likely be proven controversial” because U.S. Associate Justice Anthony Kennedy never explicitly invoked the level of scrutiny in his ruling.

The high-profile case involving sexual orientation before the Ninth Circuit is Sevick v. Sandoval, the challenge filed by Lambda Legal against Nevada’s ban on same-sex marriage.

Jon Davidson, Lambda’s legal director, said the ruling will have “a very significant impact” on the court’s examination of the Nevada marriage case.

“The Ninth Circuitā€™s ruling that sexual orientation discrimination must be given heightened scrutiny is further proof of the progress we are making in convincing courts that the Constitution affords LGBT people meaningful protections against government-imposed inequality,” Davidson said.

Opponents of the case, known as the Coalition for the Protection of Marriage, filed their brief before the Ninth Circuit on the same day as the jury selection ruling, arguing in an untimely manner that ā€œthere is no legal or factual basis for deploying ā€˜heightened scrutinyā€™ in this case.”

But the Nevada marriage case isn’t the only lawsuit pending before the Ninth Circuit. Other cases in the jurisdiction are the recently filed challenge against Arizona’s ban on same-sex marriage and the case against Oregon’s ban, which is currently before Ā gay U.S. District Judge Michael McShane.

Additionally, the challenge against the Arizona law signed by Gov. Jan Brewer rescinding domestic partner benefits for gay state employees is also before the Ninth Circuit. The court’s use of heightened scrutiny in the juror case could influence the decision in any of these cases.

Davidson added the application of heightened scrutiny in the juror case also has implications on gay government workers seeking relief if they feel they’ve faced discrimination on the job.

“If any federal, state, or local government agency or official in any of the nine states in the Ninth Circuit discriminates against someone based on their sexual orientation, they will have the burden of demonstrating that their action substantially furthers an important and legitimate government goal,” Davidson said. “They will not be able to rely on hypothetical or after the fact justifications.”

Despite the celebration over the standard of review in the case, LGBT advocates are also celebrating the ruling in its own right for establishing non-discrimination against gay people in the juror selection process.

Dā€™Arcy Kemnitz, executive director of the National LGBT Bar Association, commended the Ninth Circuit.

“Jury service is a fundamental civic duty,” Kemnitz said. “LGBT people are proud to serve the courts when summoned. While some might jest at jury duty, in fact the courts demand through a subpoena that a person suspends their usual daily activity to be part of the rule of law.”

Legislation known as the Jury ACCESS Act, which would institute a rule of non-discrimination for gay jurors in federal courts, is also pending before Congress. Last year, it was incorporated into the Senate version of the fiscal year 2014 financial services appropriations bill, but it’s technically no longer pending because Congress passed omnibus spending legislation instead.

Sen. Jeanne Shaheen (D-N.H.), chief sponsor of the legislation, commended the Ninth Circuit for issuing the ruling, but said more action is needed from Congress.

ā€œThere is no place for discrimination in our judicial system, and it should be the right and obligation of every citizen to sit on a jury,ā€ Shaheen said. ā€œThe appellate courtā€™s ruling is an important step, but I will continue working to make sure no American can be excluded from this important civil responsibility on the basis of their sexual orientation or gender identity.ā€

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Obituary

Joe Lieberman dies at 82

Former senator, vice presidential nominee championed ‘Don’t Ask, Don’t Tell’ repeal

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Then-U.S. Senator Joe Lieberman (I-Conn.) being interviewed in his Hart Senate Office Building suite in February 2012. (YouTube screenshot)

Former U.S. Sen. Joe Lieberman of Connecticut, who had served first as a longtime Democratic senator and then declared himself an independent winning reelection in 2006, died Wednesday at New York-Presbyterian Hospital due to complications from a fall. He was 82 years old.

The announcement of his death was released by Liebermanā€™s family and noted ā€œhis beloved wife, Hadassah, and members of his family were with him as he passed. Senator Liebermanā€™s love of God, his family and America endured throughout his life of service in the public interest.ā€ 

Lieberman, who nearly won the vice presidency on the Democratic ticket with former Vice President Al Gore in the disputed 2000 election and who almost became Republican John McCainā€™s running mate eight years later, viewed himself as a centrist Democrat, solidly in his partyā€™s mainstream with his support of abortion rights, environmental protection, gay rights and gun control, the Washington Post reported.

The Post added that Lieberman was also unafraid to stray from Democratic orthodoxy, most notably in his consistently hawkish stands on foreign policy.

Lieberman was first elected to the U.S. Senate as a Democrat in 1988. He was also the first person of Jewish background or faith to run on a major party presidential ticket.

In 2009 he supported the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which was passed as an amendment to the National Defense Authorization Act for Fiscal Year 2010 on Oct. 22, 2009, and then was signed into law on the afternoon of Oct. 28 by then-President Barack Obama.

Lieberman, who served in the Senate for more than two decades, alongside with U.S. Sen. Susan Collins (R-Maine), were the original co-sponsors of the legislation in the successful effort to repeal the Pentagon policy known as ā€œDonā€™t Ask, Donā€™t Tell,ā€ which barred open service by gay and lesbian servicemembers in 2011.

Lieberman said the effort to repeal ā€œDonā€™t Ask, Donā€™t Tellā€ in Congress was one of the most satisfying and thrilling experiences heā€™s had as a senator.

ā€œIn our time, I think the front line of the civil rights movement is to protect people in our country from discrimination based on sexual orientation ā€” all the more so when it comes to the United States military, whose mission is to protect our security so we can continue to enjoy the freedom and equal opportunity under law,ā€ Lieberman said.

In an statement to the Washington Blade on Wednesday, Human Rights Campaign Vice President for Government Affairs David Stacy said:

ā€œSenator Lieberman was not simply the lead Senate sponsor of the repeal of ‘Donā€™t Ask, Donā€™t Tell’ ā€” he was its champion, working tirelessly to allow lesbian, gay, and bisexual people to serve in the military as their authentic selves. The nationā€™s first Jewish vice presidential nominee, Lieberman had a historic career and his unwavering support for lesbian, gay and bisexual military servicemembers is a powerful legacy. Our hearts go out to his family and friends as they grieve a tremendous loss.ā€

In September 2011, during a press conference marking the repeal of the Pentagon policy, questions emerged about how to extend greater benefits to LGBTQ service members.

In addition to the legislation that would repeal ā€œDonā€™t Ask, Donā€™t Tell,ā€ reporters asked lawmakers about legislation in the Senate known as the Respect for Marriage Act which was aimed at the repeal of the Defense of Marriage Act, which prohibited same-sex marriage. Collins and Lieberman werenā€™t co-sponsors of that legislation.

Collins had left the news conference at the start of the question-and-answer period. In response to a question from the Blade, Lieberman offered qualified support for the Respect for Marriage Act.

The Connecticut senator said he had issues with the ā€œfull faith and creditā€ portion of the Respect for Marriage Act enabling federal benefits to flow to married gay couples even if they live in a state that doesnā€™t recognize same-sex marriage.

ā€œI do support it in part ā€” I think weā€™ve got to celebrate what weā€™ve done today ā€” I certainly support it in regard to discrimination in federal law based on sexual orientation,ā€ Lieberman said.

That issue became a mute point after June 26, 2015, when in a landmark decision of the U.S. Supreme Court, Obergefell v. Hodges, justices ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14th Amendment.

Lieberman by that time however, had retired from the U.S. Senate. He announced he would not seek another term on Dec. 12, 2012, and left the Senate the following year. He was succeeded by Democratic Congressman Chris Murphy.

Following his retirement from the Senate, Lieberman moved to Riverdale in the Bronx and registered to vote in New York as a Democrat. 

In 2024 Lieberman was leading the search to find a presidential candidate for the third-party group No Labels to run against former President Donald Trump and incumbent President Joe Biden, with whom he had served with in the Senate.Ā 

In a post on X (formerly Twitter) former President Barack Obama paid tribute to Lieberman:

“Joe Lieberman and I didnā€™t always see eye-to-eye, but he had an extraordinary career in public service, including four decades spent fighting for the people of Connecticut. He also worked hard to repeal ā€œDonā€™t Ask Donā€™t Tellā€ and helped us pass the Affordable Care Act. In both casesĀ the politics were difficult, but he stuck to his principles because he knew it was the right thing to do. Michelle and I extend our deepest condolences to Hadassah and the Lieberman family.”

Liebermanā€™s funeral will be held on Friday atĀ Congregation Agudath Sholom in his hometown of Stamford, Conn. An additional memorial service will be announced at a later date.

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedictā€™s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: ā€œFrom the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.ā€

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedictā€™s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

ā€œAs our community continues to grieve and remember Nex, itā€™s clearer than ever that everyone from Oklahomaā€™s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examinerā€™s office failed to deliver justice for Nex Benedict and Nexā€™s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nexā€™s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,ā€ McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; ā€œTodayā€™s news is the latest disappointing development in Nex Benedictā€™s tragic story. The best way to honor Nexā€™s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.ā€

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedictā€™s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month agoĀ calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

ā€œSince Nexā€™s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. Itā€™s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “Itā€™s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nexā€™s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.ā€

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nexā€™s death. Our hearts remain with Nexā€™s family, with Oklahomaā€™s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.ā€

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

ā€œThe full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nexā€™s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. Whatā€™s clear from Nexā€™s death, and from what weā€™ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahomaā€™s kids actively foster the hostile environment that makes students unsafe.

The release of todayā€™s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.ā€

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRCā€™s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedictā€™s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I canā€™t help but feel a sickness around all of it. As a trans person, reading a trans childā€™s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Maryland

Maryland’s Joe Vogel would make history if elected to Congress

27-year-old gay lawmaker running for David Trone seat

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Maryland state Del. Joe Vogel (D-Montgomery County) (Photo courtesy of Joe Vogel)

Maryland state Del. Joe Vogel (D-Montgomery County) on Monday said it is time for a new generation of leaders in Congress.

The Montgomery County Democrat last May declared his candidacy for Maryland’s 6th Congressional District after Congressman David Trone announced his run for retiring U.S. Sen. Ben Cardin (D-Md.)’s seat. Vogel, 27, would be the first Latino, the first gay man and the first Gen Zer elected to Congress from Maryland if he were to win in November.

“We need a new generation of leadership with new perspectives, new ideas and the courage to actually deliver for our communities if we want things to get better in this country,” Vogel told the Washington Blade during an interview at the Line Hotel in Adams Morgan.

Protecting democracy among priorities

Vogel was born in Uruguay and immigrated to Rockville with his family when he was three years old.

He volunteered for former President Barack Obama’s 2012 re-election campaign. Vogel, who is Jewish, in 2014 worked for Maryland state Sen. Cheryl Kagan (D-Montgomery County)’s campaign.

He was part of Hillary Clinton’s National Advance Team during her 2016 presidential campaign, and worked on former Virginia Gov. Ralph Northam’s 2017 gubernatorial bid. Vogel later joined the March for Our Lives movement for gun control that began after a gunman killed 17 people at Marjory Stoneman Douglas High School in Parkland, Fla., on Feb. 14, 2018.

Vogel in 2020 worked for U.S. Sen. Cory Booker (D-N.J.)’s presidential campaign. The Montgomery County Democrat in 2022 became the first Gen Zer to win a seat in the Maryland General Assembly. 

Vogel pointed out to the Blade that he has introduced 18 bills in this year’s legislative session. 

One of them, a bill that would prohibit the state from giving foster children in their custody trash bags for them to transport their belongings, passed unanimously in the House on March 14. Other measures that Vogel has sponsored would, among other things, provide security grants to abortion clinics and increase investments in local newspapers.

“I have a record of being able to deliver results,” he said. “That’s what I’m running on.”

Vogel pointed out to the Blade that his platform includes:

  • ā€¢ Protecting democracy
  • ā€¢ Preventing “attacks on fundamental rights”
  • ā€¢ Fighting climate change
  • ā€¢ Stopping gun violence

Vogel also noted his support for the Equality Act, which would add sexual orientation and gender identity to federal civil rights laws.

“At a moment of time when you have attacks against the LGBTQ+ community, against our rights, against our identities, I believe that there’s nothing more powerful than electing Maryland’s first openly LGBTQ+ member of Congress,” he said.

Vogel added his election would send “a message to all the young LGBTQ+ people across the state that they belong, and that they have someone in the United States Congress who understands them and is going to fight for them every single day,” added Vogel.

Vogel’s great-grandparents fled Europe ahead of the Holocaust. Uruguay’s military dictatorship was in place from 1973-1985. 

His multiple identities remain a cornerstone of his legislative priorities and of his campaign.

“When we talk about the attacks on LGBTQ+ people, I get that. I feel that,” said Vogel. “I understand that when we talk about the attacks on immigrant communities … not only do I understand that, personally, but I’m around so many immigrants that feel that pain of what we’ve seen over the last many years of the incessant attacks on immigrants and Latino people. When we see the rise in anti-Semitism, I feel that personally.”

HRC, Victory Fund have endorsed Vogel

The Democratic primary will take place on May 14.

April McClain Delaney, a former U.S. Department of Commerce official whose husband is former Congressman John Delaney, and state Del. Lesley Lopez (D-Montgomery County) are among Vogel’s primary opponents. Former state Del. Dan Cox, an anti-LGBTQ Republican who unsuccessfully ran for governor in 2022, is also running for Trone’s seat.

Campaign finance reports indicate Vogel raised $379,755.91 between May 4, 2023, and Dec. 31, 2023. McClain Delaney reported she received $536,557 in campaign contributions from Oct. 1, 2023, to Dec. 31, 2023.

The Human Rights Campaign, the LGBTQ+ Victory Fund, Equality PAC and the Sierra Club are among the organizations that have endorsed Vogel’s campaign. U.S. Reps. Robert Garcia (D-Calif.), Becca Balint (D-Vt.), Mark Takano (D-Calif.) and Ritchie Torres (D-N.Y.) and Frederick County Council President Brad Young are among those who have also backed him. The Maryland State Education Association and the National Education Association this week endorsed Vogel.

Vogel dismissed suggestions that he does not have enough legislative experience to run for Congress and that he is too young.

“When you’re elected to Congress, you’re elected for a two-year term,” he said. “Look at what I’ve been able to accomplish in a two-year term. I’ve proven that I can hit the ground running, get results, deliver results.”

Vogel added the race to succeed Trone in Congress is “me versus the status quo.”

“We need a new generation of leadership with new perspectives, new ideas and the courage to actually deliver for our communities if we actually want things to get better in this country,” said Vogel.

Democratic opponent gave money to Jim DeMint

Former Republican Gov. Larry Hogan last month announced he is running for U.S. Senate. Prince George’s County Executive Director Angela Alsobrooks is also hoping to succeed Cardin.

Vogel sharply criticized Cox. 

“He is as bigoted as it gets,” Vogel told the Blade. “He is a far-right extremist who bussed people to D.C. on Jan. 6, who is as homophobic as it gets, and who is as transphobic as it gets.”

Vogel said Maryland voters in November “need to reject Dan Cox” and “we have to reject Larry Hogan.” (Vogel has endorsed Trone’s Senate campaign.)

“We have to elect pro-equality members of Congress this November, to finally secure the protections that we need for our community in Congress,” said Vogel.

Vogel also vowed to “do everything in my power to ensure that” former President Donald Trump does not win re-election in November.

“Three generations in my family: My great-grandparents, my grandparents, my parents experienced the loss of democracy,” Vogel told the Blade. “My great-grandparents escaped fascism. My grandparents and parents lived under a repressive military dictatorship in Uruguay, and I see the concern that my parents feel seeing the rise of Trump.”

“I refuse to be the fourth generation in my family who experienced the loss of democracy,” he added. “This November, the election fundamentally is going to decide the future of our democracy.”

Vogel on Sunday during a forum the Frederick County Democratic Party sponsored criticized McClain Delaney over her 2005 campaign donation to then-U.S. Sen. Jim DeMint (R-S.C.) after he said gay people should not be teachers.

“I can’t imagine making any sort of political contribution to any anti-LGBTQ+, anti-choice, pro-NRA member of the United States Senate, and let alone the maximum allowed contribution,” said Vogel. “There is a stark contrast there.”

‘My heart breaks for what we saw on’ Oct. 7

Vogel spoke with the Blade less than six months after Hamas launched a surprise attack against southern Israel.

“It was the deadliest attack on the Jewish people since the Holocaust,” he said. “What concerns me is that Hamas has made clear that they intend to carry out an attack like that again and again and again and again.”

“My heart breaks for what we saw on that day,” added Vogel.

Vogel is among those who attendedĀ a pro-Israel rallyĀ that took place on the National Mall last November. He has also met with relatives of hostages who remain in the Gaza Strip.

“Hearing the stories of parents whose kids are still in Gaza, the pain that I feel is tremendous,” said Vogel. “We have to bring those hostages home.”

Vogel told the Blade that Hamas can no longer control Gaza. He also said peace cannot be achieved with Israeli Prime Minister Benjamin Netanyahu’s government in office.

“If we want to reach peace, a number of things have to happen: Hamas needs to go. We need a change in leadership in Israel and we need diplomatic negotiations to get a bilateral ceasefire, which is not what I think people are calling for when they call for an immediate ceasefire.”

Vogel last October posted to his X account pictures of anti-Semitic graffiti in his apartment building.

He told the Blade the graffiti was removed, but “it took a very long time.” Vogel has introduced a bill that would require the removal of graffiti in a specific period of time if it violates Maryland’s hate crimes law.

Book bans ‘have absolutely no place’

Vogel during the interview also criticized Moms for Liberty and their efforts to ban books in Maryland. He noted Jaime Brennan, the chair of the group’s Frederick County chapter, is running for the county’s Board of Education.

“Book bans in a free democratic society have absolutely no place,” said Vogel.

The Maryland House on March 15 by a 98-37 vote margin approved the Freedom to Read Act. The measure would create a “state policy that local school systems operate their school library media programs consistent with certain standards,” require “each local school system to develop a policy and procedures to review objections to materials in a school library media program” and ban “a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

The bill is now before the Senate Education, Energy and the Environment Committee.

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