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Shaheen poised to help gay veterans on Senate floor

Charlie Morgan Act filed as amendment, but floor vote seems unlikely

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Jeanne Shaheen, United States Senate, gay news, Washington Blade, New Hampshire, Democratic Party

Jeanne Shaheen, United States Senate, gay news, Washington Blade, New Hampshire, Democratic Party

Sen. Jeanne Shaheen (D-N.H.) filed the Charlie Morgan Act as an amendment to a veterans benefits bill (Pubic domain photo).

The senior U.S. senator from New Hampshire filed an amendment on Wednesday that would ensure married same-sex couples can access spousal veterans benefits wherever the go in the country, although the measure at this time seems unlikely to see a vote.

Sen. Jeanne Shaheen (D-N.H.) submitted the measure, known as the Charlie Morgan Equal Treatment Act, as a potential amendment to S.1982, a veterans benefits bill under debate this week on Senate floor.

ā€œNo one who has served openly in our military and fought for our country should be denied benefits that theyā€™ve rightfully earned,ā€ Shaheen said. ā€œThe Charlie Morgan Act makes sure that we fulfill the commitment we have made to all of our veterans and military families so that finally no spouse, child or family can be denied the care and benefits they deserve.ā€

As the Washington Blade previously reported, seven months after the Supreme Court ruling against Section 3 of Defense of the Marriage Act, the Obama administration is still not affording to veterans benefits ā€” such as disability benefits, survivor benefits and joint burial at a veteranā€™s cemetery ā€” to married same-sex couples who apply for these benefits in non-marriage equality states.

The portion of the law governing spousal benefits for veterans, 103(c) of Title 38, looks to the state the residence, not the state of celebration, to determine whether a couple is married. The Obama administration has said it’s reviewing whether it can afford these to married same-sex couples in states without marriage equality following the DOMA decision, but no announcement has been made.

The amendment is cosponsored by Sens. Mark Udall (D-Colo), Kirsten Gillibrand (D-N.Y.), Richard Blumenthal (D-Conn.) and Tammy Baldwin (D-Wis).

Udall said in a statement the amendment ensure veterans “receive the benefits they have earned regardless of whom they love or in which state they were legally married.”

“Despite the U.S. Supreme Court’s landmark decision to strike down the discriminatory Defense of Marriage Act, legally married veterans and their families are still being cut off from the benefits they earned through their service to our nation,” Udall said.

Just because the senators filed the amendment, the measure won’t necessarily come up on the Senate floor. Senate leadership has to come to an agreement to allow the amendment to come up for a vote.

Faiz Shakir, a spokesperson for Senate Majority Leader Harry Reid (D-Nev.), blamed Republicans and said at this time no amendments ā€” including the Charlie Morgan Act ā€” will be able to come up for a vote on the measure.

“The Republicans have been poisoning the debate by insisting that a vote on Iran sanctions be included as part of the bipartisan veterans bill,” Shakir said. “Sen. Reid has insisted that we should allow votes on relevant amendments from both sides (which the Shaheen/Udall proposal would certainly be a candidate for). But until Republicans can agree to the threshold of relevant amendments, weā€™re stuck in a situation where no progress on amendments can be had.”

Don Stewart, a spokesperson for Senate Minority Leader Mitch McConnell (R-Ky.), in turn criticized Reid.

“First of all, weā€™re not even on the bill yet procedurally, so no amendments are in order at this time,” Stewart said. “And once we are, the expectation is that Sen. Reid will ‘fill the tree’ (which blocks ALL other amendments from being considered).

Udall has been vocal about the issue and has written at least two letters to the Obama administration urging federal officials to stop enforcing veterans law in a way that discriminates against same-sex couples.

Mike Saccone, a Udall spokesperson, said the introduction of the amendment shouldn’t be taken as a sign the senator has given up on pushing for an administrative fix to the issue.

“The administration can and should do this on its own, but until that happens Sen. Udall is going to pursue every avenue to fix this and prevent any more incidents of discrimination,” Saccone said.

The amendment is named after New Hampshire National Guard Chief Warrant Officer Charlie Morgan, a plaintiff in the one of the federal lawsuits against the DOMA who passed away last year after a battle with breast cancer. According to Shaheen’s office, Morganā€™s spouse and daughter haven’t able to receive certain survivor benefits “due to restrictions in the federal code prohibiting the VA from administering benefits.

Last year, the Senate Committee on Veteransā€™ Affairs approved the Charlie Morgan Act by voice vote as part of a package of additional bills.

Allison Herwitt, vice president for government affairs at the Human Rights Campaign, was among those calling for passage of the measure.

ā€œWhile we have made great progress in extending the full range of federal benefits to married lesbian and gay couples, there is still uncertainty regarding the equal recognition of all the families of the brave men and women who have served our nation in uniform,ā€ Herwitt said. ā€œSen. Shaheenā€™s bill will honor the memory of Charlie Morgan and ensure that all veteran families get the respect and benefits they deserve.ā€

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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