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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.

“No one who has served openly in our military and fought for our country should be denied benefits that they’ve rightfully earned,” Shaheen said. “The 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.”

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 — such as disability benefits, survivor benefits and joint burial at a veteran’s cemetery — 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 — including the Charlie Morgan Act — 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, we’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, we’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, Morgan’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 Veterans’ 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.

“While 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,” Herwitt said. “Sen. Shaheen’s bill will honor the memory of Charlie Morgan and ensure that all veteran families get the respect and benefits they deserve.”

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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Maryland

Rockville teen charged with plotting school shooting after FBI finds ‘manifesto’

Alex Ye charged with threats of mass violence

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Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

The rest of this article can be found on the Baltimore Banner’s website.

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Politics

Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

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Former President Donald Trump and President Joe Biden (Washington Blade photo by Michael Key)

A new survey by Data for Progress found LGBTQ adults overwhelmingly favor President Joe Biden and Democrats over his 2024 rival former President Donald Trump and Republicans, but responses to other questions may signal potential headwinds for Biden’s reelection campaign.

The organization shared the findings of its poll, which included 873 respondents from across the country including an oversample of transgender adults, exclusively with the Washington Blade on Thursday.

Despite the clear margin of support for the president, with only 22 percent of respondents reporting that they have a very favorable or somewhat favorable opinion of Trump, answers were more mixed when it came to assessments of Biden’s performance over the past four years and his party’s record of protecting queer and trans Americans.

Forty-five percent of respondents said the Biden-Harris administration has performed better than they expected, while 47 percent said the administration’s record has been worse than they anticipated. A greater margin of trans adults in the survey — 52 vs. 37 percent — said their expectations were not met.

Seventy precent of all LGBTQ respondents and 81 percent of those who identify as trans said the Democratic Party should be doing more for queer and trans folks, while just 24 percent of all survey participants and 17 percent of trans participants agreed the party is already doing enough.

With respect to the issues respondents care about the most when deciding between the candidates on their ballots, LGBTQ issues were second only to the economy, eclipsing other considerations like abortion and threats to democracy.

These answers may reflect heightened fear and anxiety among LGBTQ adults as a consequence of the dramatic uptick over the past few years in rhetorical, legislative, and violent bias-motivated attacks against the community, especially targeting queer and trans folks.

The survey found that while LGBTQ adults are highly motivated to vote in November, there are signs of ennui. For example, enthusiasm was substantially lower among those aged 18 to 24 and 25 to 39 compared with adults 40 and older. And a plurality of younger LGBTQ respondents said they believe that neither of the country’s two major political parties care about them.

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