The New Jersey State Senate on Thursday defeated legislation that would have legalized same-sex marriage in the Garden State, but plans are already brewing to obtain marriage rights for gay couples through litigation.
Senators voted down the measure, 14-20, following a 90-minute debate. After the vote was recorded, opponents of gay nuptials filled the Senate chamber with cheers and applause.
The bill’s failure almost certainly means New Jersey won’t see the legalization of same-sex marriage through legislative means anytime soon. Republican Governor-elect Chris Christie will begin his four-year term Jan. 19, and he’s pledged to veto any marriage bill that comes to his desk.
Outgoing Gov. Jon Corzine (D) in a statement Thursday expressed disappointment about the outcome of the vote, although he commended the Senate for having public debate on the issue.
“Most assuredly, this is an issue of civil rights and civil liberties, the foundation of our state and federal constitutions,” he said. “Denying any group of people a fundamental human right because of who they are, or whom they love, is wrong, plain and simple.”
Celebrating the victory was the National Organization for Marriage. In an e-mail blast, Brian Brown, the organization’s executive director, praised followers who “made phone calls, sent e-mails, and prayed” in opposition to same-sex marriage.
“Yet again, we have witnessed a tremendous victory for marriage in a state where just a few months ago, victory seemed unlikely at best,” he said.
Immediately following the vote, Kevin Cathcart, executive director of Lambda Legal, announced in a statement plans to pursue the legalization of same-sex marriage in New Jersey through court action.
“The requirement to ensure equality for same-sex couples, established by the New Jersey Supreme Court in its decision in our marriage lawsuit in 2006, has not been met,” he said. “There is enormous, heartbreaking evidence that civil unions are not equal to marriage, and we will be going back to the courts in New Jersey to fight for equality.”
New Jersey won’t ‘go all the way backwards’
In a conference call following the vote, Steven Goldstein, chair of Garden State Equality, said advocates of same-sex marriage have had “a seamless transition from our legislative phase to our court phase.”
“It’s not a situation where New Jersey will go all the way backwards,” he said. “In New Jersey, the Supreme Court ruled in 2006 that same-sex couples must receive equal treatment under the law as a state constitutional matter.”
Goldstein said he didn’t yet know details about the litigation, such as who would become plaintiff couples or when the New Jersey Supreme Court would hear the case.
Reflecting on the vote, Goldstein said the marriage bill didn’t succeed for one reason: the failure of Corzine to win re-election in November.
“We had at minimum 22 votes in the Senate … and we were going to win this clearly in the Assembly,” he said. “At some point immediately after the election, we saw the fortunes change.”
Goldstein said Corzine was “a star supporter of marriage equality” throughout most of 2009, but added “it did take him a while to get there.”
“We were very honest in our statement today in saying that this bill should never have waited until sudden death overtime — the lame duck session,” he said. “And obviously we’re disappointed in that.”
Opposition to the bill also increased, Goldstein said, because Christie visited Republican senators before the debate and urged them to vote against the legislation.
“We understand from impeccable sources that Governor-elect Christie went to the Republican Senate caucus and in the Republican Assembly caucus and told members who were going to vote for marriage equality, ‘I don’t want to see any marriage equality votes coming out of this caucus,’” Goldstein said.
Even though they thought they might not win, Goldstein said advocates held the vote in the Senate because they believed it would bolster the chances of litigation.
“We consulted and spoke with lawyers far and wide who said the New Jersey Legislature has to show its dereliction of duty affirmatively to go back to court — because they said it’s up to the Legislature to act,” he said. “Today the Legislature acted. It defaulted on its constitutional obligation to provide same-sex couples equality.”
Noting that a number of lawmakers who voted against the marriage bill also conceded on the floor civil unions aren’t working, Goldstein said the Senate record will also help persuade the courts that civil unions aren’t adequate in providing protections for same-sex couples.
Passionate flare on Senate floor
Several senators gave emotional speeches on both sides of the marriage issue on the Senate floor before the vote was taken. State Sen. Loretta Weinberg, a Democrat and sponsor of the marriage legislation, was among those who spoke in favor of the bill.
“Men and women do not have a monopoly on loving relationships,” she said. “We all know same-sex couples that enjoy the same love and trust that is shared between a man and a woman, between a husband and a wife.”
Also speaking out in favor of the legislation was State Sen. Raymond Lesniak, another Democrat who sponsored the bill.
Noting that 120 religious leaders sent a letter to the New Jersey Senate in support of same-sex marriage, Lesniak said the failure of the chamber to pass the legislation would amount to religious discrimination.
“Unless we vote for marriage equality, we will be interfering with the religious beliefs of many of our citizens,” he said. “Government is wrong to interfere with religious beliefs. Today, we can right that wrong.”
State Sen. Bill Baroni, the lone Republican to vote in favor of the marriage legislation, said New Jersey’s current system of offering civil unions to same-sex couples amounted to discrimination perpetuated by the government.
“Government says [these couples] are different and segregates from the married couples, and that is textbook, old-fashioned discrimination — where government looks at people and discriminates against them,” he said.
Equally emotional were speeches against same-sex marriage. State Sen. Michael Doherty, a Republican, criticized the process that advocates had chosen to legalize same-sex marriage and called instead for a referendum on the issue.
“Suddenly today, you’re somehow crazy if you want the people of New Jersey to decide this issue like they have in 31 other states,” he said. “This is about the process; this is about letting the residents of New Jersey decide a major redefinition that has been recognized for thousands and thousands of years.”
Also opposed to the legislation was State Sen. Sean Kean, another Republican who said he voted against same-sex marriage even though he had “the gayest senate district in New Jersey” because it has a significant number of LGBT residents.
“Guess … to those proponents of this bill that I am unfortunately going to disagree with today,” he said. “Sometimes people just disagree with you. Maybe they don’t share your perspective, maybe they don’t share your values, maybe they just disagree with you.”
One senator who spoke in favor of the marriage bill and gave a particularly well-received speech among advocates was State Sen. Nia Gill. A black woman, Gill compared to lack of marriage rights for gay couples to previous laws forbidding interracial marriage and suffrage for women.
“This body cannot advocate its responsibility,” she said. “Once we have taken state action, that state action must be constitutional in its protection.”
Rachel Levine on becoming four-star admiral: ‘It comes from my desire to serve’
Trans official sworn-in to U.S. Public Health Service
For Rachel Levine, the appointment to her new role as a four-star admiral complementing her existing duties as assistant secretary for health is another way for the first openly transgender Senate-confirmed presidential appointee to serve.
“I think that this just really comes from my desire to serve in all capacities,” Levine said in an interview Tuesday with the Washington Blade. “To serve the first day in my field of academic medicine and pediatrics, but then in Pennsylvania and now in the federal government, and it furthers my ability to do that.”
Levine, 63, also recognized the importance of the appointment as a transgender person within the U.S. Public Health Service, for which she was ceremonially sworn in on Tuesday
“I think for the LGBTQ+ community, it is a further sign of progress and our president’s commitment to equity, to inclusion and diversity,” Levine said. “So I think that it is a very important milestone, and I’m pleased to serve.”
As part of her duties, Levine will lead an estimated 6,000 public health service officers serving vulnerable populations, including deployments inside and outside the country for communities beleaguered with the coronavirus, according to the Department of Health & Human Services. The role involves working closely with U.S. Surgeon General Vivek Murphy, whom Levine called her “friend and colleague.”
The U.S. Public Health Service, Levine said, has deployed “many, many times,” including its greatest number ever of deployments to vulnerable populations during the coronavirus pandemic. Among the places the service has deployed, Levine said, was in her home state of Pennsylvania, where she recently served as secretary of health.
Not only is Levine the first openly transgender person to serve in the uniformed health service as a four-star general, but she’s also the first woman to serve in that capacity.
“We have 6,000 dedicated committed public servants really all focused on our nation’s health, and they serve in details to the CDC and the FDA and the NIH, but also clinically with the Indian Health Service, and the federal prison system,” Levine said. “They’re also detailed and deployed throughout the country, and they deployed like never before for COVID-19 as well as the border, as well as dealing with floods and hurricanes and tornadoes.”
Although the Public Health Service is primarily focused on addressing public health disasters within the United States, Levine said it has a record of deployments overseas, including years ago when it was deployed to Africa under the threat of Ebola.
Secretary of Health & Human Services Xavier Becerra had high praise for Levine in a statement upon news of taking on a leadership position in the service.
“This is a proud moment for us at HHS,” Becerra said. “Adm. Levine — a highly accomplished pediatrician who helps drive our agency’s agenda to boost health access and equity and to strengthen behavioral health — is a cherished and critical partner in our work to build a healthier America.”
Levine, however, was careful to draw a distinction between her appointment within the Public Health Service and being a service member within the U.S. armed forces.
“It is not a military branch, it’s not the armed forces: It’s a uniformed force, so it’s different,” Levine said. “For example, the Army, the Navy, our military, there are two other uniformed branches, and that is ours, the United States Public Health Service Commissioned Corps and NOAA.”
The new role, Levine said, would complement her duties as assistant secretary for health. Although not only secretaries of health have been commissioned to take the uniform, Levine said she wanted to undertake that as part of her role in the Biden administration.
The two appointments were not simultaneous, Levine said, because of a general process she undertook, which was completed just this week.
It hasn’t been an easy road for Levine. During her Senate confirmation process, when she was hounded by anti-transgender attacks in conservative media and rude, invasive questioning by Sen. Rand Paul (R-Ky.) on her gender identity.
Levine, however, said she hasn’t encountered any hostility regarding her new role (as of now) and shrugged off any potential attacks in the future and said the move is about her career “to serve and to help people.”
“I’ve continued that for our nation as the assistant secretary for health and this is just a further demonstration of my commitment to service,” Levine said. “I don’t know what others will say, but that’s the genesis of my wanting to serve in the United States Public Health Service Commissioned Corps, and to place on the uniform.”
Levine’s new appointment comes shortly after a group of Democratic senators led by Sen. Chris Murphy (D-Conn.) sent her a letter dated Sept. 30 calling on her and Miriam Delphin-Rittmon, assistant secretary for mental health and substance use, to issue new guidance for hospital or residential care on mental health needs of transgender people.
Asked about the letter, Levine said mental health issues are under the authority of Delphin-Rittmon and the two “will work together and we will respond.”
Specifically, the senators in the letter call on the Behavioral Health Coordinating Council, or BHCC, and experts in the field of adolescent trans care to offer guidance on best practices for inpatient mental health care among these youth.
Asked what the response will look like, Levine said, “We’re going to work on that.”
“We will be looking at what they’re asking for and the requirements, and we’ll talk with them and the stakeholders and we’ll look to issue appropriate guidance,” Levine said.
Colin Powell, leaving mixed legacy on ‘Don’t Ask, Don’t Tell,’ dies at 84
Key figure once opposed gays in military, then backed review
Colin Powell, the first ever Black secretary of state who served in top diplomatic and military roles in U.S. administrations, died Monday of coronavirus at age 84, leaving behind a mixed record on “Don’t Ask, Don’t Tell.”
The world continues to grapple with the pandemic and the public grows increasingly frustrated with its persistence as many remain unvaccinated despite the wide availability of vaccines. Powell was fully vaccinated, according to a statement released upon his death. Powell reportedly suffered from multiple myeloma, a condition that hampers an individual’s ability to combat blood infections.
Rising to the top of the military as chair of the Joint Chiefs of Staff, Powell supported in 1993 Congress moving forward with “Don’t Ask, Don’t Tell,” a law that barred openly gay people from serving in the U.S. military.
During a key moment congressional testimony, Powell and other top military officials were asked whether or not allowing gay people in the military would be compatible with military readiness. Each official, including Powell,” responded “incompatible.” Congress would enact “Don’t Ask, Don’t Tell” that year.
Things changed when President Obama took office 15 years later and advocates for repeal of “Don’t Ask, Don’t Tell” were eager to claim Powell’s voice among their ranks. After all, Powell was highly respected as a bipartisan voice after having served as secretary of state in the administration of George W. Bush and endorsing Obama in the 2008 election.
After the Obama administration in 2010 announced it would conduct a review of the idea of allowing gay people to serve openly in the military, Powell came out in support of that process. Advocates of repeal called that a declaration of reversal, although the statement fell short of a full support for gay people serving openly in the military.
“In the almost 17 years since the ‘Don’t Ask, Don’t Tell’ legislation was passed, attitudes and circumstances have changed,” General Powell said in a statement issued by his office, adding, “I fully support the new approach presented to the Senate Armed Services Committee this week by Secretary of Defense Gates and Admiral Mullen.”
Congress acted to repeal “Don’t Ask, Don’t Tell” and the policy was lifted in 2011. At the time, Powell was widely considered a supporter of ending “Don’t Ask, Don’t Tell” and publicly counted among supporters of repeal, although the Blade couldn’t immediately find any statements from him to that effect.
In 2012, Powell had similar vaguely supportive words on same-sex marriage, saying he had “no problem with it” when asked about the issue.
“As I’ve thought about gay marriage, I know a lot of friends who are individually gay but are in partnerships with loved ones, and they are as stable a family as my family is, and they raise children,” Powell said. “And so I don’t see any reason not to say that they should be able to get married.”
The Blade also couldn’t immediately find any statement from Powell on transgender people serving in the military. After the Obama administration in 2016 lifted decades-old regulations against transgender service, former President Trump issued a ban by tweet the following year. President Biden reversed that ban and allowed transgender people to serve and enlist in the military in his first year in office.
Texas House approves anti-trans youth sports bill
HB 25 now heads to state Senate
Texas House Republicans were able to push through the anti-trans youth sports measure Thursday evening after hours of emotional and at times rancorous debate, passing the bill in a 76-54 vote along party lines.
Under the provisions of Texas House Bill 25, all trans student athletes in grades K-12 will be prohibited from competing on sports teams aligned with their gender identity. The bill will now head to the Senate, where it is expected to pass.
The Texas Tribune reported that the University Interscholastic League, which governs school sports in Texas, already requires that an athlete’s gender be determined by the sex listed on their birth certificate. Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 has said the bill would simply “codify” existing UIL rules.
However, UIL recognizes any legally modified birth certificates. That policy could accommodate someone who may have had their birth certificate changed to match their gender identity, which can sometimes be an arduous process.
HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL the Tribune reported.
“To say that tonight’s passage of HB 25 is devastating is an understatement. For the past 10 grueling, exhausting, and deeply traumatic months, trans youth have been forced to debate their very existence—only to be met by the deaf ears and averted eyes of our state’s leaders,” Landon Richie, a GenderCool Project leader, University of Houston student and Transactivist told the Washington Blade after the vote.
“Make no mistake: This bill will not only have detrimental impacts on trans youth, who already suffer immense levels of harassment and bullying in schools, but also on cisgender youth who don’t conform to Texas’s idea of ‘male’ or ‘female.’ To trans kids everywhere: you belong, you are loved, you are valued, you are deserving of dignity, respect, care and the ability to live freely as your true and authentic selves, no matter where you are. We will never stop fighting for trans lives and a future where trans kids are unequivocally and unwaveringly celebrated for who they are,” Richie said.
“The cruelty of this bill is breathtaking, and the legislators who are pushing it forward are doing irreparable harm to our state. Texas is a place where people value freedom and respect for diversity. This bill is a betrayal of those cherished values, and future generations will look back on this moment in disbelief that elected officials supported such an absurd and hateful measure,” Shannon Minter, legal director for the National Center for Lesbian Rights told the Blade. “The families of these kids deserve better, and the burden is now on the rest of us to do everything in our power to stop this dangerous bill now,” he added.
During the debate on the measure, state Rep. James Talarico, (D-Round Rock), a former middle school teacher, began his remarks by apologizing to the trans kids and families who have gone to the Capitol time and time again this year. He tells the chamber he speaks now as a legislator, and educator, and a Christian.
He quoted Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 who said “if one girl wins a game, it’s worth it.” He says he has a different moral yardstick. “If one trans kid dies for a trophy, this bill is grotesque.”
He ended speaking to his “fellow believers” in the chamber. “The worst part in these hearings have been in hearing the Bible used against trans kids to support these bills. Even tonight, ‘God’s law’ was used to present an amendment.” He then quoted the first two lines of the Bible, where God is referred to with two different Hebrew words, one masculine/one feminine. “God is non-binary.” He then prevented an interruption in the chamber and continued telling trans kids that he loves them.
Fellow Democratic state Rep. Jessica González, (D-Dallas County), vice-chair of the Texas House LGBTQ Caucus asked the chamber how many trans Texas kids they are willing to hurt. She reminded her fellow representatives that cisgender women and girls will also be hurt by the bill. She shared a personal story about being outed in high school by a friend, having her locker, home, and car vandalized and losing all of her friends. “Kids are cruel.”
González told lawmakers that her brother encouraged her to try out for soccer, and she was bullied with comments like “shouldn’t she be trying out for the boys’ team.” She went from feeling a bit accepted to being an outsider again. She then reflected on carrying those feelings into adulthood and said that this bill will have long-term affects on trans kids. She asked legislators to listen to the stories of the trans kids who have bravely testified, saying kids will contemplate suicide or complete suicide.
Representative Diego Bernal, (D-San Antonio), told the chamber that some representatives can’t wrap their heads around knowing that there is no problem but there is *real* harm to trans kids, and for whatever reason, that’s not enough it seems to stop moving these bills.
He said that he has heard “if they already have mental health issues and suicide ideation, this can’t make it worse” and “if the debate is harming them, let’s just vote.” The he breaks down the Texas statute’s definition of bullying, telling lawmakers, “The bullying statute doesn’t have an intent requirement. It doesn’t matter if you don’t mean to cause them harm. We are bullying these students. Know that by law … our own definitions and our own words, we are. And we don’t have to.”
“Texas lawmakers voted today to deliberately discriminate against transgender children. Excluding transgender students from participating in sports with their peers violates the Constitution and puts already vulnerable youth at serious risk of mental and emotional harm,” Adri Perez, policy and advocacy strategist at the ACLU of Texas said in a statement to the Blade.
“There is no evidence that transgender kids pose any threat. It is indefensible that legislators would force transgender youth and their families to travel to Austin to defend their own humanity, then blatantly ignore hours of testimony about the real damage this bill causes. Trans kids and their families deserve our love and support—they’ve been fighting this legislation for months. Texans will hold lawmakers accountable for their cruelty,” she added.
The statewide LGBTQ+ advocacy group Equality Texas in a tweet after the vote said; ” We will not stop fighting to protect transgender children.” Then added “We’ll continue to educate lawmakers—replacing misinformation with real stories—and demand the statewide and federal nondiscrimination protections we need to prevent further harms.”
We’ll continue to educate lawmakers — replacing misinformation with real stories — and demand the statewide and federal nondiscrimination protections we need to prevent further harms.— Equality Texas (@EqualityTexas) October 15, 2021
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