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N.J. Senate kills marriage legislation

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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.”

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National

Baldwin, Pocan named on alleged Minn. shooter’s target lists

Gunman killed state lawmaker, husband on Saturday

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U.S. Sen. Tammy Baldwin (D-Wis.) (Washington Blade photo by Michael Key)

U.S. Sen. Tammy Baldwin and U.S. Rep. Mark Pocan, Democrats of Wisconsin, were named on lists of targets belonging to the man suspected of killing Minnesota state Rep. Melissa Hortman and her husband and of injuring Minnesota state Sen. John Hoffman and his wife.

The Hoffmans sustained multiple gunshot wounds and are reportedly in serious but stable condition.

Vance Boelter, the suspect, was apprehended on Sunday in connection with the shootings, which occurred on Saturday. He faces federal murder and stalking charges as well as state-level murder and attempted murder charges.

“Senator Baldwin was informed by law enforcement that she was included on the alleged shooter’s list of names,” Baldwin’s Communications Director Eli Rosen told Channel3000.com. “She is grateful for law enforcement’s swift action to keep the community safe and remains focused on the things that matter most here: honoring the legacy and life of Rep. Melissa Hortman and her husband, Mark, praying for the other victims who are fighting for their lives, and condemning this abhorrent, senseless political violence.”

“I recently heard that my name was in one of the Minnesota shooting suspect’s notebooks and I’m appreciative that law enforcement apprehended the suspect,” Pocan said in a statement to Channel3000.com. “I will not back down in the face of terror, however, we as elected officials, must do better to lower the temperature. That said, my schedule remains unchanged.”

The news outlet reported on Monday that Baldwin’s name appeared on a list of 70 targets, while Pocan’s name was found on additional documents. The senator and congressman are both openly LGBTQ.

Democratic U.S. Reps. Greg Landsman (Ohio), Hillary Schotlen (Mich.), Veronica Escobar (Texas), and Joaquin Castro (Texas) also confirmed that their names appeared in notebooks recovered from Boelter’s vehicle.

Other Democrats who were reportedly targeted but whose offices have not yet provided confirmation as of Tuesday afternoon include LGBTQ congresswoman Angie Craig, Minnesota Gov. Tim Walz, U.S. Sen. Tina Smith, U.S. Rep. Ilhan Omar, and Attorney General Keith Ellison, all from Minnesota, along with U.S. Sen. Tammy Duckworth of Illinois, U.S. Rep. Nikki Budzinski of Illinois, and U.S. Rep. Emanuel Cleaver of Missouri.

Walz called the shootings a “politically motivated assassination.”

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Trump anti-trans EO used to deny health care to Democrats, unmarried vets

Veterans warn impacts will be felt disproportionately by women and LGBTQ people.

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President Donald Trump (Washington Blade photo by Michael Key)

New rules would allow doctors at the U.S. Department of Veterans Affairs to deny care to unmarried veterans and Democrats at hospitals across the country, pursuant to President Donald Trump’s anti-trans executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

According to the Guardian, which was first to report the hospital guidelines on Monday, they apply also to psychologists, dentists, and other providers — allowing for individual staff to refuse care for veterans on the basis of characteristics not covered under federal law, which proscribes discrimination on the basis of race, color, religion, and sex.

Doctors can also be barred from working on VA hospitals based on their marital status, political party affiliation or union activity, per documents reviewed by the Guardian. The agency confirmed changes to the rules came in response to Trump’s executive order.

Specifically, per the paper:

Until the recent changes, VA hospitals’ bylaws said that medical staff could not discriminate against patients “on the basis of race, age, color, sex, religion, national origin, politics, marital status or disability in any employment matter”. Now, several of those items — including “national origin,” “politics” and “marital status” — have been removed from that list.

Similarly, the bylaw on “decisions regarding medical staff membership” no longer forbids VA hospitals from discriminating against candidates for staff positions based on national origin, sexual orientation, marital status, membership in a labor organization or “lawful political party affiliation.”

Experts warn that changes to the guidelines may lead to situations where, for example, doctors may question patients about whether they attended a rally for a political candidate or in support of gay rights, potentially denying care on those bases or because of the reasons given for seeking care, such as cases where the patient may report a rape or sexual assault.

Veterans warn impacts will be felt disproportionately by women and LGBTQ people.

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New LGBTQ+ Archive to save scrubbed federal resources

Trump’s anti-DEI crusade seeks to erase entire communities

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President Trump’s attacks on DEI have led government agencies to scrub their sites of LGBTQ content. A new initiative aims to preserve the information. (Washington Blade file photo by Michael Key)

Generally, when someone says, “The internet is forever,” it is not a positive statement. 

But for Shae Gardner, policy director at LGBT Tech, it has become a lifeline as she and her team have spent the last couple of months tracking down documents removed from government websites.

After a series of anti-DEI and LGBTQ executive orders, thousands of pages across the federal government have been removed or altered—with LGBTQ topics taking a big hit.

The LGBTQ+ Archive, launched by LGBT Tech last month, aims to restore lost resources about the LGBTQ community into a centralized hub. They have tracked down approximately 1,000 documents—all available as downloadable PDFs and sorted by agency—but know that more are missing. Users can submit missing documents or requests for missing documents. 

Archived resources range from the 2023 Equity Action Plans mandated under Biden to HIV resource sheets. 

Sid Gazula, LGBT Tech’s Google Policy Fellow said reviewing the documents scrubbed from the Department of Health and Human Services was striking. “You have these important documents related to people’s health. Health isn’t subjective,” he said, “The fact that an executive order could take away all this information was very eye-opening.”

For Gazula it made an already urgent project more urgent. “We, as a community, need access to these resources,” he said, “The archive presents a mechanism to get that access out there.”

The LGBT community has a long history of engaging in archival work, explained K.J. Rawson, professor at Northeastern University and director of the Digital Transgender Archive, in an email. He described archives as “key avenues for preserving and making accessible queer and trans history.”

Since mainstream archives often erase or misrepresent the LGBTQ community, Rawson pointed out that LGBTQ archives “fight against this trend and wrest control back into LGBTQ+ hands,” citing Cait McKinney’s phrase “information activism.” 

Gardner feels appreciative of the history of LGBTQ preservation, which guided their work: “I want to make it abundantly clear that we are not the first or only organization doing this sort of preservation work.” She also mentions the Internet Archive, a non-profit library of web pages, which was invaluable during their research.

When the Blade asked about the LGBT Archive, Rawson described it as “crucial!” He elaborated that, “the overt erasure of LGBTQ+ people––but especially trans people––from federal websites has been a hostile move that’s one part of larger efforts to strip us of our humanity and our history.”

Beyond creating a record for the future, the archive is also useful in fighting for LGBTQ representation today. Gardner explained that numerous journalists and advocacy groups have already been using it. Gazula, who is a student, shared that some of their professors said it was an important resource for academic work. 

To access it, users have to create an account. Gardner said this is not for marketing. Instead, they want to “put a stop gap between us and malicious actors and attacks on the site” and have a basic understanding of who is using the site. She assures users that the data is backed up on servers globally, but encourages folks to download freely from the archive. 

“We decided that we wanted every document and resource on it to be a PDF that they would be able to save it themselves,” said Gardner, “This is not only meant to be very user-friendly, but is also meant to help with those resources being dispersed and being kept.”

“It is the history of our community,” Gardner continued, “we deserve to have continued access to it.”

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