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Weddings continue, despite congressional scare

D.C. courthouse flooded with requests for marriage licenses

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Same-sex marriages, including the March 14 union of Will Knicely and Bob Whitman, continued this week in D.C. despite efforts from one U.S. senator to stop the ceremonies. (DC Agenda photo by Michael Key)

U.S. Sen. Robert Bennett (R-Utah) has backed off pushing an amendment aimed at overturning D.C.’s same-sex marriage law — most likely because his Republican colleagues joined Senate Democrats in opposing his plan to attach it to an aviation bill, according to Capitol Hill insiders.

The amendment, which Bennett filed with the Senate clerk March 11, would have prohibited D.C. from issuing marriage licenses to same-sex couples until the city allows voters to decide the issue through a referendum or initiative.

Bennett’s unsuccessful attempt to advance the amendment came as nearly 700 couples have applied for a marriage license at the city’s Marriage Bureau since the same-sex marriage law took effect March 3. Most of those couples have been same-sex couples.

And according to a spokesperson for the D.C. Superior Court, which operates the Marriage Bureau, an unprecedented number of people applying for marriage licenses are requesting to be married in civil ceremonies offered free of charge at the courthouse.

“We have probably close to 400 weddings requested,” said spokesperson Leah Gurowitz. “Between two-thirds and three-quarters [of couples applying for marriage licenses] are requesting a wedding at the Marriage Bureau.

“So we’re getting them scheduled. We’re calling everybody and we’re trying to just use our space and our time as advantageously as possible.”

Gurowitz acknowledged that late last week, the Marriage Bureau’s phone answering system became overloaded, and some callers received messages that the voicemail boxes were full and incoming messages could not be left.

“It’s taking some time — a day or two — to return calls,” she said. “But we are returning all the calls and getting the weddings set as soon as possible.”

Although Bennett filed his D.C. marriage amendment last week, he did not formally introduce it before Senate Democrats and Republicans agreed by unanimous consent to an approved list of amendments for a Federal Aviation Administration authorization bill, the measure to which Benefit intended to attach his amendment.

The bipartisan-approved list doesn’t include his amendment, preventing him from bringing it up at this time.

Bennett’s office did not return calls seeking to determine why he did not offer the amendment before the list restricting new amendments was approved.

“I doubt that he just voluntarily withdrew his amendment,” said Daniel Penchina, a lobbyist with the Raben Group, a political consulting firm that works with LGBT rights groups.

“My guess is they were trying to put together a package of amendments that could be considered and they agreed that his would not be part of it,” Penchina said. “And someone in his party leadership called and said, ‘Why don’t you save this for another day?’ That’s me speculating, but that’s probably what happened.”

Max Gleishman, press secretary for Sen. Richard Durbin (D-Ill.), the Senate’s majority whip, said Senate Republicans clearly supported a consent agreement that did not include the Bennett amendment.

“So I’m not sure why it wasn’t offered,” Gleischman said. “But it was not. And so therefore we’ve locked in, through a consent agreement, a finite list of amendments. And that’s not one of the ones on the list.”

Bennett’s proposed amendment, which was published in the March 11 Congressional Record, is identical to a freestanding bill that he and seven other Republicans introduced Feb. 2. The bill’s stated purpose is “to protect the democratic process and the right of the people of the District of Columbia to define marriage.”

According to the Congressional Record, Sens. Sam Brownback (R-Kan.) and Roger Wicker (R-Miss.) joined Bennett in filing the amendment as a proposed attachment to the FAA authorization bill, which is being considered on the Senate floor. The authorization measure is being pushed by Senate Democratic leaders and is considered essential for continued operation of U.S. aviation related programs, including the nation’s air traffic control system.

Both the amendment and Bennett’s free-standing bill say, “Notwithstanding any other provision of law, including the District of Columbia Human Rights Act, the government of the District of Columbia shall not issue a marriage license to any couple of the same sex until the people of the District of Columbia have the opportunity to hold a referendum or initiative on the question of whether the District of Columbia should issue same-sex marriage licenses.”

Paul Strauss, who lobbies the U.S. Senate as an informal shadow senator on D.C.-related issues, said unconfirmed reports that Bennett was planning to introduce an amendment to block the city’s same-sex marriage law surfaced last week on Capitol Hill.

“It could potentially force an up or down vote on gay marriage,” Strauss said. “This is certainly something that Democrats and at least some Republicans want to avoid.”

D.C. gay activist Bob Summersgill, who has coordinated local efforts to persuade the city government to support same-sex marriage equality, said Bennett and other lawmakers opposed to the marriage law are likely to launch a stronger effort to overturn it later this year.

“What we have to be most worried about is the D.C. appropriations bill,” he said, which usually comes up before Congress in late summer or fall.

Summersgill noted that while many lawmakers object to attaching a D.C. gay marriage amendment to an aviation measure or other unrelated bills, they would likely go along with attaching such an amendment to the city’s annual appropriations bill, which specifically addresses D.C. issues.

“It will be germane on that bill,” he said.

But as Bennett backed down on his marriage amendment, the National Organization for Marriage, which campaigns against same-sex marriage laws throughout the country, appeared to inject the gay marriage issue into the city’s upcoming mayoral election campaign.

Several local activists reported being contacted by an automated telephone poll on the D.C. gay marriage law that identified NOM as its sponsor. The activists said a recorded message stated that Mayor Adrian Fenty supports “gay marriage” and at least one of his lesser-known opponents in the 2010 mayoral race, former D.C. television news reporter Leo Alexander, opposes it.

D.C. resident Kevin Keller, who was among the people contacted for the phone poll, said it was obvious to him that the call was intended to stir up opposition to same-sex marriage rather than obtain an impartial assessment of how residents feel about the issue.

“I called Alexander’s campaign office, and we spoke,” Keller told DC Agenda. “He told me he opposes gay marriage on religious grounds, but he said he is not directly associated with the NOM.”

NOM executive director Brian Brown did not immediately return DC Agenda’s call on the matter. Local same-sex marriage opponents have vowed to work to defeat Fenty, who signed the same-sex marriage bill, and 11 of the 13-member City Council who voted for the bill when it passed in December.

But political observers say no serious candidates opposing gay marriage have surfaced so far to run against Fenty. And just a few people, whose chances are viewed as questionable, have emerged to run against Council members who voted for the marriage measure.

Alexander, who announced his candidacy in September, has raised less than $4,000 for his mayoral campaign, according to records filed with the D.C. Office of Campaign Finance. Records from the office also show that Fenty has raised more than $3 million for his re-election campaign.

D.C. Council Chair Vincent Gray (D-At Large), who has said he is considering running for mayor and is considered a viable candidate, voted for the marriage bill and, like Fenty, has been an outspoken supporter of same-sex marriage equality.

Another possible candidate for mayor, millionaire developer R. Donahue Peebles, has vowed to spend $5 million of his own money should he enter the mayoral race, making him a potentially serious contender. A Peebles spokesperson did not immediately return a DC Agenda call seeking to learn Peebles’ position on same-sex marriage.

Some reports have surfaced that he supports same-sex marriage but also favors a referendum or initiative to allow voters to decide the issue, but the reports could not be confirmed.

As developments surrounding the D.C. marriage law continue to unfold, many activists have said the joy experienced by the dozens of same-sex couples who have married or obtained marriage licenses so far has overshadowed the controversial aspects of the law.

Rev. Dwayne Johnson, pastor of the Metropolitan Community Church of Washington, which has a mostly gay congregation, said the church’s first same-sex wedding held March 14 had a profound impact on the more than 250 people in attendance.

Will Knicely and Bob Whitman, who have been together for more than 10 years and are MCC members, exchanged wedding vows as the church’s highly acclaimed chorus sang “Oh Happy Day,” said Johnson, who co-performed the wedding.

“I don’t think any of us were prepared for the emotion we witnessed,” he said. “It was like 39 years of hope culminating at that moment. People were applauding and applauding. We just let it go.”

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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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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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Indiana

Drag queen announces run for mayor of Ind. city

Branden Blaettne seeking Fort Wayne’s top office

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Branden Blaettner being interviewed by a local television station during last year’s Pride month. (WANE screenshot)

In a Facebook post Tuesday, a local drag personality announced he was running for the office of mayor once held by the late Fort Wayne Mayor Tom Henry, who died last month just a few months into his fifth term.

Henry was recently diagnosed with late-stage stomach cancer and experienced an emergency that landed him in hospice care. He died shortly after.

WPTA, a local television station, reported that Fort Wayne resident Branden Blaettne, whose drag name is Della Licious, confirmed he filed paperwork to be one of the candidates seeking to finish out the fifth term of the late mayor.

Blaettner, who is a community organizer, told WPTA he doesn’t want to “get Fort Wayne back on track,” but rather keep the momentum started by Henry going while giving a platform to the disenfranchised groups in the community. Blaettner said he doesn’t think his local fame as a drag queen will hold him back.

“It’s easy to have a platform when you wear platform heels,” Blaettner told WPTA. “The status quo has left a lot of people out in the cold — both figuratively and literally,” Blaettner added.

The Indiana Capital Chronicle reported that state Rep. Phil GiaQuinta, who has led the Indiana House Democratic caucus since 2018, has added his name to a growing list of Fort Wayne politicos who want to be the city’s next mayor. A caucus of precinct committee persons will choose the new mayor.

According to the Fort Wayne Journal Gazette, the deadline for residents to file candidacy was 10:30 a.m. on Wednesday. A town hall with the candidates is scheduled for 6 p.m. on Thursday at Franklin School Park. The caucus is set for 10:30 a.m. on April 20 at the Lincoln Financial Event Center at Parkview Field.

At least six candidates so far have announced they will run in the caucus. They include Branden Blaettne, GiaQuinta, City Councilwoman Michelle Chambers, City Councilwoman Sharon Tucker, former city- and county-council candidate Palermo Galindo, and 2023 Democratic primary mayoral candidate Jorge Fernandez.

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