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No DOMA repeal next year: Nadler

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Rep. Jerrold Nadler said the Respect for Marriage Act, which would overturn the Defense of Marriage Act, won’t pass next year. (DC Agenda photo by Michael Key)

The sponsor of a bill that would overturn the Defense of Marriage Act said repeal won’t happen in this Congress and that efforts next year will instead be focused on building support on the issue.

Rep. Jerrold Nadler (D-N.Y.) said in an interview with DC Agenda that lawmakers will work on passing other pro-LGBT bills next year, and could take up legislation to repeal DOMA — known as the Respect for Marriage Act — at the end of the two-year session starting in 2011.

“The Respect for Marriage Act is a bill that we can’t pass right now; we know we can’t pass it right now,” he said.

Nadler said Congress won’t take up the DOMA repeal next year because other LGBT-related bills, including the Employment Non-Discrimination Act, legislation providing partner benefits for LGBT federal workers and a repeal of “Don’t Ask, Don’t Tell,” are taking precedence. Supporters hope to pass those measures by the end of 2010.

“The Respect for Marriage Act comes up after that, maybe at the end of the next Congress, maybe afterward,” he said.

Nadler’s legislation would overturn DOMA, allowing the federal government to recognize same-sex marriages. It also has a “certainty provision” that would allow same-sex couples to marry in one state and still receive federal benefits even if they move to another state where gay nuptials aren’t recognized.

In lieu of passage in this Congress, Nadler said the task for supporters is to find more co-sponsors for the bill. As of Tuesday, the bill had 105 co-sponsors. Nadler predicted support would grow.

“And I think if some of these other bills pass, it’ll become more — the idea becomes less avant garde,” he said.

In response to Nadler’s remarks that a DOMA repeal won’t happen next year, Evan Wolfson, executive director of Freedom to Marry, said, “I don’t think we should begin the conversation about when it’s going to happen. I think we should begin the conversation with how do we build support and make it happen.”

“There are two ways to talk about our movement,” he said. “One is to talk about what it’s really about, to actually make the case for inclusion and fairness and freedom, to talk about why marriage matters. … The other is to spend all our time talking about the chess game or the political horse race, and we spend too much time on the latter and not enough time doing the former.”

Wolfson said supporters should begin the conversation “by each one of us calling our senators and member of Congress, asking them to sign on to the bill.”

Strategic decisions

Nadler’s prediction that a DOMA repeal won’t happen by the end of next year comes after other key potential supporters have said other LGBT legislation will be a priority.

At the time the Respect for Marriage Act was introduced in September, Drew Hammill, a spokesperson for House Speaker Nancy Pelosi, said the speaker is “focused on legislative items that we can enact into law now,” including ENDA.

And gay Rep. Barney Frank (D-Mass.) hasn’t signed on as a co-sponsor to Nadler’s bill, saying that lawmakers will instead focus on other LGBT issues this Congress and the bill’s certainty provision could cause political problems for House members seeking re-election.

Nadler said he hasn’t “had too many conversations” with Pelosi on the proposed DOMA repeal since it was introduced, but noted that the speaker has privately encouraged House members to co-sponsor the bill.

As for Frank, Nadler also said he hasn’t spoken much with the Massachusetts lawmaker on the issue since the bill’s introduction.

“We have a disagreement on the strategy on this obviously, as we had a disagreement on the strategy over the non-inclusive ENDA last [Congress] where we no longer have that disagreement,” he said. “And, I presume, in the end, we will not have a disagreement on this.”

Although supporters have said other bills will take priority this Congress, advocates for the DOMA repeal have hoped for congressional hearings on marriage by the end of next year.

But Nadler, who chairs a House Judiciary subcommittee with jurisdiction over marriage, said he wouldn’t commit to holding hearings on the issue by the end of next year and would hear only testimony “when we think it’s advantageous to do so.”

“And that’s a strategic decision, a tactical decision you have to make,” he said. “As things go on, we’ll have to see how things go. Right now, the thing is get the idea out there to get pressure built, to get more sponsors — and that’s the way to go.”

Asked whether Democratic leadership requested that he not hold hearings on marriage, Nadler replied, “No, they did not.”

Nadler said he expects a Senate companion to the Respect for Marriage Act would be introduced early next year, noting there are a number of potential sponsors for the Senate legislation.

Advocates have named Sen. Russ Feingold (D-Wisc.) as a prime target in talks because he chairs a Senate Judiciary subcommittee with jurisdiction over marriage. Nadler said Feingold would “possibly” champion the Senate legislation.

Nadler said a Senate bill has yet to emerge so many months after the House introduction in September because potential supporters have been occupied with other tasks.

“Some of the people we’re dealing with are very busy with a number of other things,” he said. “There’s not a sense of urgency, the sense that this bill has to have a Senate sponsor right now because it’s going to pass right now, because it’s not, so we’re talking.”

Even without a sense of urgency among lawmakers, Nadler said he thinks DOMA should be repealed because it’s “a stain on the national honor.”

“Even if you didn’t have a lot of practical effects, which obviously it does have, it’s wrong to keep such things on the books,” he said. “The honor of the country demands we repeal it.”

Same-sex marriage is only legal in five states throughout the country, but Nadler predicted that number would grow in coming years, and would include his home state of New York.

The Empire State was seen to be on the precipice of legalizing same-sex marriage, but the hopes of supporters were dashed last week when the state Senate killed a bill that would have granted marriage rights for same-sex couples. Nadler, who served in the New York Assembly for 16 years before being elected to Congress, said same-sex marriage will nonetheless be legalized in the state in a few years.

“I’d be very surprised if New York didn’t pass a gay marriage bill in the next two years, and I’ve been studying New York politics for 40 years,” he said. “And as long as we keep a Democratic governor and state Senate in the next election, we’ll get a gay marriage bill relatively soon in New York.”

As the number of states with same-sex marriage grow, Nadler said support for the Respect for Marriage Act also will build.
“Especially as a number of states have gay marriage, and the sky doesn’t fall in, and nobody comes in and busts up regular marriages — other than what’s busting up anyway — I think the issue will recede in the sense that people will lose their sense of the novelty,” he said.

Rep. Jerrold Nadler said of his home state that ‘as long as we keep a Democratic governor and state Senate in the next election, we’ll get a gay marriage bill relatively soon in New York.’ (DC Agenda photo by Michael Key)

Gay immigration bill could join reform debate

Another bill Nadler is championing in the House is the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency. With an effort to pass comprehensive immigration reform expected in Congress next year, advocates are trying to include UAFA as a provision in the larger legislation.

Nadler said the White House seems to want to take on immigration reform in the spring and said UAFA supporters will “make a major thrust to make this part of the comprehensive immigration reform debate.”

The lawmakers drafting comprehensive immigration reform legislation are Rep. Zoe Lofgren (D-Calif.), Rep. Luis Gutierrez (D-Ill.) and Sen. Chuck Schumer (D-N.Y.). Nadler said it’s “hard to say” whether those bills would include a UAFA provision upon their introduction.

“There are a lot of cross pressures and we haven’t had those — we’ve started but we haven’t finished those conversations at this point,” he said.

But Steve Ralls, a spokesperson for Immigration Equality, said he’s “optimistic” immigration reform measures will include UAFA at their debut because supporters, including other lawmakers, immigration groups and LGBT groups, have been lobbying for an inclusive bill for some time.

“I don’t know what the final comprehensive immigration reform will look like, but I remain optimistic that it will include lesbian and gay families,” he said.

In the event that comprehensive immigration reform legislation doesn’t include UAFA when it debuts, Nadler said he’s working on making sure there are votes in the House Judiciary Committee to amend the bill to include such a provision.

Nadler said he’s “hopeful” there will be enough votes for an amendment, but added “that’ll be a big fight, if necessary.”

“I haven’t taken any votes or whip counts or done any kind of that work, but certainly it will be something that we’ll have to work at and the gay community and everybody will have to be pressuring the individual members of the committee,” Nadler said. “A lot of the members of the committee, the Democratic members especially, say they’re very great friends with the gay community … and this’ll be an opportunity to show that they are, bar none.”

One major obstacle that UAFA supporters will face is opposition from Catholic leaders. The U.S. Conference of Catholic Bishops has urged lawmakers to exclude the provision from immigration reform because church leaders support reform, but oppose the LGBT-specific provision.

Nadler said opposition to UAFA from Catholic leaders will make inclusion of the measure in the bill “a very difficult fight.”

“So, there will be some who will be tempted to say, ‘Wait a minute, let’s not alienate some of our major supporters on this legislation to pass it,’” he said. “There’ll be others of us saying, ‘Hey, no, if you’re doing a comprehensive bill, it’s got to be comprehensive. You can’t just leave certain people out.”

Even with opposition from Catholic leaders, Ralls said the list of religious groups who support the inclusion of UAFA in immigration reform “is very long and diverse,” and includes Quakers and Episcopalians.

“If the Conference of Catholic Bishops decides that they’re willing to throw the immigrant community under the bus because of the inclusion of LGBT couples, I think that would be a shame because, at the end of the day, immigration reform can help millions of families — both gay and straight — and that should be Congress’ priority.”

Asked whether he would support immigration reform legislation that doesn’t include a UAFA provision, Nadler replied, “I hope it doesn’t come to that.”

“All my efforts are designed to make sure it doesn’t come to that, so I’m not going to get into what happens at that point,” he said.

‘We will see a fair amount of action’

During his Agenda interview, Nadler also addressed arguments that the Obama administration and Congress haven’t made sufficient progress on LGBT issues since the start of this year.

The lawmaker said Congress has had a significant workload this year — including the passage of two annual budgets as well as stimulus and relief legislation for financial institutions — and that advocates for LGBT issues would be better to make judgments on Congress’ work at the end of next year.

“I think it would be very fair by the time the election rolls around next October to say we haven’t done enough on these issues,” he said. “I think a lot of things have been fermenting and cooking. I think we will see a fair amount of action on these issues in next year’s session.”

Asked whether President Obama could have spoken more forcefully on LGBT issues since the start of his administration, Nadler replied, “I think he could have been more forthright on some of them.” He declined to elaborate.

In response to recent criticism that lawmakers have been putting off action on ENDA, Nadler said some key supporters of the bill have been occupied with other issues. He noted the sponsor of the bill is Frank, who, as chair of the House Financial Services Committee, is also working on the Troubled Asset Relief Program legislation.

“Why aren’t we doing ENDA right now?” he said. “But what else are some of the key people doing? They’re over their heads with the financial reform, which no one anticipated six months ago. I suspect that once that is out of the way, which it should be soon, these kind of issues can come to the fore again.”

But John Aravosis, a gay blogger who has been leading an LGBT boycott of the Democratic National Committee, criticized the notion that Congress hasn’t acted on LGBT issues because lawmakers have been busy with other issues.

He said the Obama administration has found time to take swipes at the LGBT community by defending DOMA in court and, more recently, saying it couldn’t follow a court order from the Ninth Circuit judge to provide health benefits to the partner of a lesbian federal employee.

“It’s not enough just for them to say, ‘It’s been busy,’” he said. “Well, it hasn’t been busy — or so busy that they couldn’t take swipes at us.”

Aravois commended Nadler for being outspoken on LGBT issues, but questioned whether Nadler would criticize a Democratic Congress as a Democratic lawmaker, and whether Congress would, in fact, take up LGBT issues next year.

“Good luck passing gay rights legislation right before an election,” he said. “Democrats don’t have balls in off years — they certainly don’t have them right before elections, on gay issues especially.”

With regard to the LGBT legislation that Congress would take up next year, Nadler expressed uncertainty about the prediction that Congress would repeal “Don’t Ask, Don’t Tell” next year as part of the authorization bill for the fiscal year 2011 defense budget. Frank told the media last month that was the way he envisioned repeal.

But Nadler said repeal through the defense budget might not be the best way to overturn “Don’t Ask, Don’t Tell.” With the president calling for escalation of operations in Afghanistan, Nadler said such a provision would put more liberal members of Congress in a quandary over whether to vote for repeal and military operations at the same time.

“You don’t want to put people in the position of saying, ‘You vote against Afghanistan funding, you’re voting against [repealing] “Don’t Ask, Don’t Tell,”’ or vice-versa,” he said. “So maybe you need a new option or something. These are tactical considerations, which you have to look at as things unfold.”

Nadler said he, for example, didn’t “like this idea of sending more troops to Afghanistan,” although he supports a “Don’t Ask, Don’t Tell” repeal.

With public approval polls showing support waning for Democrats, Nadler predicted congressional Democrats will lose seats in the 2010 election, but added a hope that the party won’t lose “too many” seats. He noted that the November results would largely depend on how well the economy is faring.

Even with Democrats potentially in danger, Nadler said he didn’t think lawmakers would avoid LGBT issues next year to reduce a perceived risk of alienating voters before the election.

“I think we’re going to face most of these issues this Congress, mostly next year,” he said. “I’m assuming that the gay community is going to keep the pressure on. I mean, don’t go to sleep because I said it as that. If the gay community keeps the pressure on, then I think that, yes, we’ll probably face most of these issues.”

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.” 

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”




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The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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