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With clock ticking, all eyes on Congress

Inaction on LGBT bills likely to trigger ‘anger in the community’



President Obama joined families on the White House lawn for this week’s Easter egg roll. LGBT rights supporters are calling on him to be more vocal in his support for several key bills still pending in Congress, including repeal of ‘Don’t Ask, Don’t Tell.’ (DC Agenda photo by Michael Key)

Supporters of LGBT rights are turning up the heat on Congress in their efforts to pass several key bills after lawmakers return from recess next week.

Allison Herwitt, legislative director for the Human Rights Campaign, alluded to potential political consequences if the bills don’t advance in this Congress.

“I do think that there will be many LGBT Americans frustrated and disappointed if any of these [bills] don’t move,” she said. “Even though we don’t have a pro-LGBT majority in the House and the Senate — this is our highest majority that we have and we need to obviously capitalize on the members that we have in the House and the Senate to pass legislation. So, in short, I do think that there will be anger in the community.”

Herwitt said this anger would likely manifest itself in LGBT voters feeling disconnected from Congress and from the Obama administration.

This disconnect, Herwitt said, could affect political donations or discourage people from getting involved in re-election campaigns as well as “not door knocking, literature dropping, all that kind of stuff.”

Herwitt also urged a stronger voice from the White House in advocating for legislation like the Employment Non-Discrimination Act and the Domestic Partner Benefits & Obligations Act, as well as repeal of “Don’t Ask, Don’t Tell.”

“I do think that it is important that the president and the administration do strongly indicate to the House and the Senate their support and their desire to move on ENDA, ‘Don’t Ask, Don’t Tell’ and DPBO,” she said.

Michael Mitchell, executive director of the National Stonewall Democrats, voiced similar views.

“I think that we’re seeing some — donors are starting to put their money elsewhere or holding off,” he said. “I think that there are rank-and-file folks who are getting frustrated.”

Mitchell said he thinks “we need to remember” that Obama has been in the White House for fewer than 18 months.

“On the other hand, a lot of people have been working on these issues for decades, and people don’t want to wait any longer, and we’ve been laying a lot of groundwork for a very long time and we see this as our window to get this stuff through,” he said.

The November elections are weighing heavily on the minds of LGBT rights advocates. Mitchell said the passage of LGBT bills this Congress is important because of the strong possibility of reduced Democratic majorities.

“The landscape could certainly be more difficult for us, especially if it gets closer in the House,” he said. “I said recently somewhere that [you] only need to look back about 18 months or two years to see how hard it was to pass our agenda when we didn’t have control, and I think it will, again, be like that.”

Key pieces of pro-LGBT legislation in Congress have encountered roadblocks.

Advocates are urging for the inclusion of “Don’t Ask, Don’t Tell” repeal as part of the upcoming defense authorization bill, but whether the votes exist in the Senate Armed Services Committee to attach the provision to the legislation remains to be seen.

President Obama hasn’t spoken publicly in favor of repealing the ban since his mention of the issue in his State of the Union address, and Defense Secretary Robert Gates told reporters in response to a DC Agenda question last month that he doesn’t recommend legislative action this year before the Pentagon working group completes it study of the issue.

For ENDA, a House committee markup of the legislation has been pushed back since late last year and still has yet to be scheduled, although advocates are saying activity could happen in April or May. Multiple sources have told DC Agenda that the Senate lacks the 60 votes needed to overcome any attempted filibuster of ENDA.

Problems also plague legislation that would provide benefits to the same-sex partners of federal employees. Supporters of the bill in the Senate have said they won’t move the bill to a floor vote until the U.S. Office of Personnel Management provides information on how it will offset the bill’s costs.

Months have passed since House and Senate committees marked up the bills late last year and sent them to the floors of their respective chambers, but OPM hasn’t yet made the offset information public. The agency didn’t immediately respond to DC Agenda’s request for an update on the situation.

During a panel discussion last week on the U.S. Census, Mara Keisling, executive director of the National Center for Transgender Equality, took time from her remarks to urge advocates on Capitol Hill to redouble their efforts.

“The LGBT community is very, very serious about getting all these three things done and it does not yet appear that Congress is serious about it,” she said.

Keisling later clarified for DC Agenda that her comments were “just me saying, ‘Hey pass these things.’ It wasn’t me saying, ‘You guys aren’t passing them.’”

“The clock is running down, but there is still time to do it and we have to demand they do it,” she said. “It gets harder and harder for them the longer they put it off. Health care is out of the way — start getting stuff done.”

The window of opportunity for Congress to act on these bills before lawmakers break to run their re-election campaigns is steadily becoming smaller.

After lawmakers return this month, Herwitt said they’ll work through July before they break again for August recess and then do more work in September and October before leaving to focus on re-election.

Herwitt said she’s heard talk about a lame duck session following the November election, but said she doesn’t “know if that will play itself out or not.”

While concerned about the passage of these bills before the end of the year, advocates are anticipating some activity in the coming weeks when lawmakers return from spring break.

Herwitt said she’s expecting the House Education & Labor Committee to take up ENDA and send it to the floor sometime in April or May.

That timetable would square with remarks Rep. Jared Polis (D-Colo.) made to Karen Ocamb, a lesbian Los Angeles-based journalist, that ENDA would pass committee by the end of April and reach the floor a week or two later.

Herwitt said Rep. Barney Frank (D-Mass), the House sponsor of ENDA, has said he’s ready to move forward with the legislation and to have a floor vote.

“This is not new — you even wrote a story about it — the Senate is much more of a challenge for us on ENDA, but I think, at least from HRC’s perspective, getting a strong vote in the House will help us push the Senate forward,” Herwitt said.

Regarding “Don’t Ask, Don’t Tell” repeal, advocates are working to include the language as part of the Senate version of the defense authorization bill when the Senate Armed Services Committee takes up the legislation in May.

“Either it’s in the chairman’s mark or we do it as an amendment, and that’s why we’re focusing very strategically in some of our key states that coincide with many of the members that sit on the Armed Services Committee,” she said.

In the House, Herwitt said gay rights supporters are pushing for an amendment on the floor to include “Don’t Ask, Don’t Tell” repeal as part of the defense authorization bill after the Senate committee takes it up.

Herwitt said advocates are looking at a floor vote in the House as opposed to a committee vote because they “are challenged” with the number of conservative Democrats on the panel and the virtually non-existent support from Republicans.

Supporters of repeal, Herwitt said, are “in a very good place to move forward with a vote” in the House. Rep. Patrick Murphy (D-Pa.), the sponsor of the House bill, has said he has the votes to pass repeal on the House floor.

“We are always, I think, in a better, or I should say, a stronger position, when both bodies act on whatever provision it is that we’re trying to move forward,” she said. “So I think that we’re in a stronger place if we have the language repealing ‘Don’t Ask, Don’t Tell’ in the Senate bill and we have a House floor vote.”

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  1. Trystaire

    April 10, 2010 at 1:01 am

    With all of this tough talk, it would be nice if Herwitt (or better yet David Smith) would talk like that to the White House and the Democratic leadership on the hill. She’s made “tough talk” comments to the DC Agenda before, and HRC turned right around and bent over for the White House. If you really want to talk about where the problem is in HRC it’s one level above her, but one level below Joe, as in David Smith.

  2. Tim

    April 10, 2010 at 6:57 pm

    I can’t believe the Democrats still haven’t considered the consequences of blowing us off. If they are still thinking they have us over a barrel with no other place to go they have another thing coming. I certainly wouldn’t vote for the Republicans, but I don’t have to support the Democrat in any given race either. I don’t have to give them my money, volunteer for them, or vote for them, I can just sit home and let them hang the way they are leaving us hanging in regards to passingthe many pro-LGBT bills they promissed us. They had better get busy passing ENDA, the Domestic Partnership Benefits & Obligations Act, and Repealing the rotten Don’t Ask Don’t Tell policy, because as it stands now, I don’t see that much enthusiasm within the LGBT community for Obama or the Democrats in Congress, and one does get tired of being thrown under the bus.

  3. Bill

    April 11, 2010 at 3:53 pm

    I think the Democrats believe that we have no other place to go; sadly we don’t. Certainly the Republicans have demonstrated their animus toward our community. We had this one, two-year window with a purportedly pro-gay President and a Congress controlled by Democrats. Yet, pro-gay legislation has continued to languish in Congress (Hate Crimes legislation doesn’t count since it was over a decade in the making). The issue that we must carefully consider — particularly in light of other countries becoming gay-supportive — is are we moving in the direction of becoming fully enfranchised citizens or aren’t we. Unfortunately, the data demonstrates that there is not the political will to support legislation vital to our community. How long is this to be acceptable? I see the following options: stop contributing to the Democratic Party, start aggressive civil disobedience, or move to a more progressive country. As I approach 60, I don’t see this country accepting us in any meaningful way. This is unconscionable. Clearly, we have been let down by Obama and the Congress and been hung out to dry by other minority groups.

    • Mykelb

      April 14, 2010 at 3:44 pm

      We do have another place to go. Look at what the LGBTs did in the Philipines. They created their own party and platform. Why do we have to vote with the Dems? We can run our own candidates on our own platform. We may not get many people in Congress the first, second or even third time around, but if we do it right, we can coalition with progressives, liberals and others who would split the Democratic vote and call attention to our issues.

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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.

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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



gay news, Washington Blade, Colin Powell, gay marriage
Colin Powell leaves behind a mixed legacy on 'Don't Ask, Don't Tell."

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.

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Texas House approves anti-trans youth sports bill

HB 25 now heads to state Senate



GenderCool Project leader and Trans activist Landon Richie (Photo courtesy of Landon Richie)

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.”

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