National
Year ahead filled with promise, pitfalls
U.S. House Speaker Nancy Pelosi’s recent comment that her 2010 agenda wouldn’t include controversial votes unless the Senate acts first has disappointed some LGBT lobbyists on Capitol Hill.
There are several LGBT-related bills pending at the federal level, including repeal of “Don’t Ask, Don’t Tell,” the enactment of employment non-discrimination and extending benefits to the same-sex partners of federal workers.
But the closest to a sure thing will be Congress permitting D.C.’s recently passed same-sex marriage law to stand. Lobbyists on both sides of the issue have said it’s unlikely that the Democratic-controlled Congress would move to derail the law.
Meanwhile, action could come on the Domestic Partnership Benefits & Obligations Act for federal workers with same-sex partners, a priority for Reps. Tammy Baldwin (D-Wis.) and Barney Frank (D-Mass.).
The bill was reported out of a Senate committee with support from ranking Republican Sen. Susan Collins (R-Maine), which lobbyists saw as a sign it would get the necessary support to pass in the Senate if allowed a vote. The bill has 26 Senate co-sponsors. U.S. Office of Personnel Management Director John Berry is expected to provide offset savings in his department early this year, a necessary precursor to the bill’s Senate floor vote.
The Employment Non-Discrimination Act, meanwhile, has been subject to significant lobbying with high expectations in 2010. Frank previously told the Washington Blade that he expected a vote on the issue “no later than February.”
One gay Republican group said those plans might have hit a snag, however, after Pelosi told freshmen members that House-initiated controversial votes wouldn’t happen in 2010.
“This shows the Democratic leadership has no interest in fulfilling the commitments they made to the LGBT community,” said Charles Moran, a Log Cabin Republicans spokesperson.
The Republican group’s highest priority is repealing “Don’t Ask, Don’t Tell,” and Moran said members have become increasingly frustrated with President Obama over the issue. Moran said Log Cabin’s supporters in 2010 will lobby for the “Don’t Ask, Don’t Tell” repeal to be included in the 2011 defense authorization bill.
Separately, Moran said Log Cabin members are hoping that a lawsuit challenging the constitutionality of “Don’t Ask, Don’t Tell” will succeed. The case, which argues that declaring sexual orientation is a protected form of free speech, will see its next hearing in April.
Another effort to overturn “Don’t Ask, Don’t Tell,” the Military Readiness Enhancement Act, currently has 186 co-sponsors in the House and has been referred to the Subcommittee on Military Personnel. The bill would repeal the ban on openly gay service members and replace it with a non-discrimination policy.
Major federal bills making their way through the legislative process this year are poised to include some LGBT-related provisions.
At DC Agenda deadline, a pending health care reform package was expected to extend recognition of LGBT health issues in several areas, such as research categories. And efforts are ongoing to make LGBT concerns a part of immigration reform, despite the lack of such language in the initial bill.
The Uniting American Families Act, which would recognize same-sex partners for immigration purposes, has 118 co-sponsors in the House and 23 co-sponsors in the Senate. It has stalled in a House subcommittee and Senate committee; it’s unclear how prominently the bill will figure into this year’s immigration debate.
Also unclear is how much closer federal officials will come this year to recognizing the rights of same-sex couples. The Respect for
Marriage Act, an effort to repeal the Defense of Marriage Act that was introduced by Rep. Jerrold Nadler (D-N.Y.), has 107 House co-sponsors. Nadler recently told DC Agenda he doesn’t expect the bill to pass this year.
Meanwhile, LGBT advocacy organizations have started looking at the November elections to advance their priorities and politicians of choice.
State and local elections of interest include the governor’s races in Maryland, California and New York. Also, all 62 state Senate seats in New York will be up for grabs, and last year’s failed same-sex marriage vote could figure into some of the races.
“Stonewall Democrats’ hope for 2010 is that the LGBT community now understands acutely — after stinging defeats like the one in the New York Senate and in the governor’s mansions in New Jersey and Virginia — that electing pro-equality Democrats is an essential part of fighting for equal rights,” said Michael Mitchell, executive director of Stonewall Democrats.
“We need more people in office who refuse to engage in the politics of fear and instead govern from a place where equality means everyone, and we hope that in 2010, more LGBT people will join the fight to put them there.”
The Gay & Lesbian Victory Fund was upbeat about the role that LGBT voices would play in the 2010 elections, noting that more than 100 openly LGBT candidates are slated for endorsement and assistance.
“The bulk of our candidates will be at the state level, but we’ve already endorsed one candidate for Congress: Steve Pougnet, who is running against [Republican U.S. Rep.] Mary Bono Mack,” said Denis Dison, a Victory Fund vice president.
National
Detroit teen arrested in fatal stabbing of gay man
Prosecutor says defendant targeted victim from online dating app
A 17-year-old Detroit man has been charged with first-degree murder for the Sept. 24 stabbing death of a 64-year-old gay man that prosecutors say he met through an online dating app.
A statement released by the Wayne County, Mich., Prosecutor’s Office says Ahmed Al-Alikhan allegedly fatally stabbed Howard Brisendine inside Brisendine’s home in Detroit before he allegedly took the victim’s car keys and stole the car.
The statement says police arrived on the scene about 4:04 p.m. on Sept. 29 after receiving a call about a deceased person found in their home. Upon arrival police found Brisentine deceased in his living room suffering from multiple stab wounds, the statement says.
“It is alleged that the defendant targeted the victim on an online dating app because he was a member of the LGBTQ community,” according to the prosecutor’s statement.
“It is further alleged that on Sept. 24, 2024, at the victim’s residence in the 6000 block of Minock Street in Detroit, the defendant stabbed the victim multiple times, fatally injuring him, before taking the victim’s car keys and fleeing the scene in his vehicle,” it says.
It further states that Al-Alikhan was first taken into custody by police in Dearborn, Mich., and later turned over to the Detroit police on Oct. 1. The statement doesn’t say how police learned that Al-Alikhan was the suspected perpetrator.
In addition to first-degree murder, Al-Alikhan has been charged with felony murder and unlawful driving away in an automobile.
“It is hard to fathom a more planned series of events in this case,” prosecutor Kym Worthy said in the statement. “Unfortunately, the set of alleged facts are far too common in the LGBTQ community,” Worthy said. “We will bring justice to Mr. Brisendine. The defendant is 17 years and 11 months old – mere weeks away from being an adult offender under the law.”
She added, “As a result of that and the heinous nature of this crime, we will seek to try him as an adult.”
A spokesperson for the prosecutor’s office said the office has not designated the incident as a hate crime, but said regardless of that designation, a conviction of first-degree murder could result in a sentence of life in prison. The spokesperson, Maria Lewis, said the prosecutor’s office was not initially disclosing the name of the dating app through which the two men met, but said that would be disclosed in court as the case proceeds.
The NBC affiliate station in Detroit, WDIV TV, reported that Brisendine was found deceased by Luis Mandujano, who lives near where Brisendine lived and who owns the Detroit gay bar Gig’s, where Brisendine worked as a doorman. The NBC station report says Mandujano said he went to Brisendine’s house on Sept. 29 after Brisendine did not show up for work and his car was not at his house.
Mandujano, who is organizing a GoFundMe fundraising effort for Brisendine, states in his message on the GoFundMe site that Brisendine worked as a beloved doorman at Gigi’s bar.
“We will do what we can to honor Howard’s life as we put him to rest,” Mandujano states in his GoFundMe message. “He left the material world in a volatile manner at the hand of a monster that took his life for being gay. Let’s not allow hate to win!”
In response to a Facebook message from the Washington Blade, a spokesperson for Gigi’s said the money raised from the GoFundMe effort will be used for Brisendine’s funeral expenses and his “remaining bills.” The spokesperson, who didn’t disclose their name, added, “Any leftover money will be donated to local LGBTQ nonprofit groups to combat hate.”
The GoFundMe site can be accessed here.
The White House
Karine Jean-Pierre becomes Biden’s fourth openly LGBTQ senior adviser
Press secretary’s promotion was reported on Monday
Following White House Press Secretary Karine Jean-Pierre’s promotion to a top role on Monday, four of the 10 officials serving as senior advisers to President Joe Biden are openly LGBTQ.
The other LGBTQ members of the president’s innermost circle are White House Communications Director Ben LaBolt, senior adviser to first lady Jill Biden Anthony Bernal, and White House Director of Political Strategy and Outreach Emmy Ruiz.
Jean-Pierre became the first Black and the first LGBTQ White House press secretary in May 2022. She spoke with the Washington Blade for an exclusive interview last spring, shortly before the two-year anniversary of her appointment to that position.
“Jill and I have known and respected Karine a long time and she will be a strong voice speaking for me and this Administration,” Biden said in 2022 when announcing her as press secretary.
Breaking the news of Jean-Pierre’s promotion on Monday, ABC noted the power and influence of the White House communications and press office, given that LaBolt was appointed in August to succeed Anita Dunn when she left her role as senior adviser to the president.
As press secretary, Jean-Pierre has consistently advocated for the LGBTQ community — pushing back forcefully on anti-LGBTQ legislation and reaffirming the president and vice president’s commitments to expanding rights and protections.
U.S. Supreme Court
Supreme Court begins fall term with major gender affirming care case on the docket
Justices rule against Biden admin over emergency abortion question
The U.S. Supreme Court’s fall term began on Monday with major cases on the docket including U.S. v Skrmetti, which could decide the fate of 24 state laws banning the use of puberty blockers and hormone treatments for transgender minors.
First, however, the justices dealt another blow to the Biden-Harris administration and reproductive rights advocates by leaving in place a lower court order that blocked efforts by the federal government to allow hospitals to terminate pregnancies in medical emergencies.
The U.S. Department of Health and Human Services had issued a guidance instructing healthcare providers to offer abortions in such circumstances, per the federal Emergency Medical Treatment and Labor Act, which kicked off litigation over whether the law overrides state abortion restrictions.
The U.S. Court of appeals for the 5th Circuit had upheld a decision blocking the federal government from enforcing the law via the HHS guidance, and the U.S. Department of Justice subsequently asked the Supreme Court to intervene.
The justices also declined to hear a free speech case in which parents challenged a DOJ memo instructing officials to look into threats against public school officials, which sparked false claims that parents were being labeled “domestic terrorists” for raising objections at school board meetings over, especially, COVID policies and curricula and educational materials addressing matters of race, sexuality, and gender.
Looking to the cases ahead, U.S. v. Skrmetti is “obviously the blockbuster case of the term,” a Supreme Court practitioner and lecturer at the Harvard law school litigation clinic told NPR.
The attorney, Deepak Gupta, said the litigation “presents fundamental questions about the scope of state power to regulate medical care for minors, and the rights of parents to make medical decisions for your children.”
The ACLU, which represents parties in the case, argues that Tennessee’s gender affirming care ban violates the Equal Protection Clause of the 14th Amendment by allowing puberty blockers and hormone treatments for cisgender patients younger than 18 while prohibiting these interventions for their transgender counterparts.
The organization notes that “leading medical experts and organizations — such as the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics — oppose these restrictions, which have already forced thousands of families across the country to travel to maintain access to medical care or watch their child suffer without it.”
When passing their bans on gender affirming care, conservative states have cited the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), which overturned constitutional protections for abortion that were in place since Roe v. Wade was decided in 1973.
The ACLU notes “U.S. v. Skrmetti will be a major test of how far the court is willing to stretch Dobbs to allow states to ban other health care” including other types of reproductive care like IVF and birth control.
Also on the docket in the months ahead are cases that will decide core questions about the government’s ability to regulate “ghost guns,” firearms that are made with build-it-yourself kits available online, and the constitutionality of a Texas law requiring age verification to access pornography.
The latter case drew opposition from liberal and conservative groups that argue it will have a chilling effect on adults who, as NPR wrote, “would realistically fear extortion, identity theft and even tracking of their habits by the government and others.”
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