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In Congress: Many bills, but no timetable for progress

Pro-LGBT legislation stalls as November elections loom

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Congress could be poised to pass several pro-LGBT bills in the months that remain in this year’s legislative calendar, although Capitol Hill observers say the schedule for when the bills would see votes remains unclear.

In the wake of successful votes late last month to repeal “Don’t Ask, Don’t Tell,” Congress could see momentum to pass other major legislation, such as the Domestic Partnership Benefits & Obligations Act and the Employment Non-Discrimination Act.

Rep. Tammy Baldwin (D-Wis.) said in an interview with the Blade this week that she had renewed optimism about the domestic partner benefits bill, which she sponsors in the House.

“One issue that got renewed momentum over this Memorial Day recess was my bill to provide domestic partnership and obligations to federal employees and their partners,” she said.

Baldwin, the only out lesbian in Congress, said the issue received additional attention last week when President Obama enacted limited partner benefits for federal employees through administrative action.

“At the same time as he signed this presidential memorandum, he called on the Congress to send [my bill] to his desk because he can’t provide some of these very important benefits like health insurance and certain pension benefits without our passing legislation,” Baldwin said.

In a statement commending Obama for issuing the benefits, U.S. House Speaker Nancy Pelosi also spoke favorably about the Domestic Partnership Benefits & Obligations Act as one way to offer additional benefits to federal workers.

“Congresswoman Baldwin’s bill will continue to move forward in the House and we look forward to its progress in the Senate,” Pelosi said.

The domestic partner bill had significant momentum late last year when House and Senate committees reported it to the floor in each chamber. For a time, the legislation had stalled due to cost offset questions, but congressional leaders have said they’ve since received the necessary information.

Baldwin said staffers of the House and Senate leaders on the legislation met Monday to discuss the bill’s path, and lawmakers in both chambers are ready to move forward.

In a statement to the Blade, Sen. Joseph Lieberman (I-Conn.), the sponsor of the bill in the Senate, said the bill would be ready for floor consideration “within weeks.” Lieberman noted this estimate was for when the bill would be ready to go to the floor, not when a vote would occur, and that Senate Majority Leader Harry Reid (D-Nev.) is “responsible for setting a timetable for consideration of legislation.”

Jim Manley, a Reid spokesperson, said a vote hasn’t yet been scheduled.

Baldwin said she couldn’t offer a more specific timetable for when she expects the legislation to advance.

“A lot happened over the course of this recess in terms of adding momentum for the legislation,” she said. “Because it happened over the recess, and I’ve been in Wisconsin, and not in Washington, and not able to have conversations with my leadership and with the other players in this, I can’t tell you if there’s a timetable yet.”

Allison Herwitt, legislative director for the Human Rights Campaign, also said she doesn’t know when Congress would bring the measure to the floor for consideration.

“Again, the question is how to move forward and what’s the timeframe for moving it forward, so we continue, as we have been for the past year, advocating to get this bill done,” she said.

ENDA faces obstacles

LGBT rights supporters have also strongly pushed for Congress to take up ENDA, which would bar employment discrimination against LGBT people in most public and private workplace settings.

The legislation remains pending in House and Senate committees. Capitol Hill observers have said ENDA supporters lack the 60 votes to overcome a filibuster in the Senate.

Still, supporters have expressed optimism about moving forward with the bill in the House. Baldwin said the LGBT Equality Caucus has been “counting the votes” and asking lawmakers how they would vote on the legislation or a harmful motion to recommit on the measure.

“It’s looking strong,” Baldwin said. “I’m hopeful that we can see committee consideration and floor passage very shortly.”

Rep. Barney Frank, who’s sponsoring the bill in the House, has told media outlets that a vote could take place this month or next.

But a more specific time for when Congress might take up ENDA is unclear. Aaron Albright, a spokesperson for the Education & Labor Committee, said he didn’t have an update or estimate on the schedule for committee action on the legislation.

Baldwin said her “crystal ball has been very unclear” for ENDA consideration and that she couldn’t offer a more definite timeframe.

“I was hoping it would be some months ago, but we continue to go through the vote counts, try to make sure they’re as solid as possible,” she said.

Herwitt was similarly unsure about when ENDA would come to the House floor, although she said HRC was pushing for it to come before lawmakers.

“Obviously, HRC wants a committee markup and a floor vote as soon as possible,” she said. “We would like to continue the momentum on moving LGBT equality forward and we would like a House vote as soon as possible.”

One danger for ENDA in the House is a legislative maneuver known as the motion to recommit, which could derail the legislation once it comes to the floor. A successful vote on the maneuver on the floor would enable opponents to send the motion back to committee.

Supporters have said opponents could target the bill’s gender identity provisions in the motion to recommit, although what’s targeted wouldn’t necessarily be such language.

Baldwin said “there are a lot of meddlesome things” that ENDA’s opponents can do through a motion to recommit when the bill comes to the floor.

“So we have been really trying to ask colleagues how they would vote in a wide variety of scenarios, so that we can feel confident that we have the votes to defeat such a motion to recommit,” she said.

Herwitt noted there’s “still some concern” and “vote counting” happening around the motion to recommit.

“We remain concerned to the extent that we want to continue working with leadership to shore up the votes that we need, so that when the bill comes to the floor, we have the ability to beat back a motion to recommit,” Herwitt said.

Herwitt said Pelosi has expressed a commitment to move ENDA to the floor, but wants to “make sure that we’re looking at angles in terms of what the motion to recommit would be, to protect the integrity of the bill.”

“If she brings the bill to the floor, she doesn’t want to lose,” Herwitt said. “So, she’s an expert vote-counter. She was a whip for many years, and so she knows what it takes to get a bill to the floor. From everything I’ve heard from her people, she wants to get it done, but she wants to get it done right.”

Another pro-LGBT bill pending before Congress is legislation that would enable same-sex bi-national couples to remain together in the U.S.

Current immigration law prohibits LGBT Americans from sponsoring their foreign partners for residency in the United States. Consequently, some LGBT Americans are faced with losing their partners after visas expire, while others expatriate with their partners to other countries with more favorable immigration laws.

Standalone legislation known as the Uniting American Families Act would rectify this situation. But supporters of the measure see its inclusion as part of upcoming immigration reform as the optimal path for passage.

Heading the legislative effort for comprehensive immigration reform in the Senate is Sen. Chuck Schumer (D-N.Y.). His office didn’t respond to a request to comment on the timing for immigration reform or whether UAFA would be included in the legislation.

Still, Schumer has spoken favorably about the inclusion of UAFA in comprehensive immigration reform, and advocates are expecting him to include the provision in the bill once it’s introduced.

According to the news website IrishCentral.com, Schumer said last week at a fundraising event for Irish Lobby for Immigration Reform that he thinks Congress will finish immigration reform by March 2011 — if not by the end of this year.

Steve Ralls, spokesperson for Immigration Equality, said supporters of the legislation have been assured Schumer wants UAFA as part of comprehensive immigration reform.

“I would even say, at this point, that the expectation is that UAFA will be part of comprehensive reform,” Ralls said. “I think Immigration Equality and other immigrant advocates fully expect it to be an inclusive bill when it’s introduced.”

Still, when Schumer will introduce the legislation in the Senate remains unclear. Since the Senate Judiciary Committee would handle both immigration reform and U.S. Supreme Court nominations, many Capitol Hill observers believe the Senate will first approve the nomination of Elena Kagan to the Supreme Court before taking up the immigration issue.

If Schumer includes UAFA as part of comprehensive immigration reform, the larger bill could find opposition from conservative groups that say they won’t support immigration reform with language benefitting same-sex couples.

Last week, the Liberty Counsel issued a statement signed by other Christian evangelical leaders saying comprehensive immigration reform that includes UAFA would not advance in Congress.

“Same-sex domestic partnerships will doom any effort for bipartisan support of immigration and will cause religious conservatives to withdraw their support,” said Mat Staver, founder and chair of the Liberty Counsel. “If same-sex domestic partnerships are included, the immigration bill will have no chance of passing.”

In response, Ralls said the “cornerstone” of the U.S. immigration system has been family unification and that LGBT families “should be part of that noble commitment.”

“Despite the protests of a few, many people, including many faith communities, continue to support an inclusive immigration reform bill,” Ralls said. “Methodists, Episcopalians, Jewish organizations, Unitarians and others are holding strong to a belief that a truly pro-family bill must include every family.”

Other bills on deck

Other pro-LGBT bills also could come up for consideration by the end of this year.

One bill, known as the Student Non-Discrimination Act, would bar schools from discriminating against LGBT students or ignoring harassing behavior against them. Potential penalties for discrimination could include a loss of federal funding or a legal cause of action for victims.

As standalone versions of the legislation remain pending in the House and Senate, supporters have said they envision passage of the bill as part of the upcoming Elementary & Secondary Education Act reauthorization.

Still, it’s unclear when Congress will take up this major education budget legislation. A House Democratic leadership aide noted the bill hadn’t yet been introduced, and “we can’t determine the timeline until that happens.”

Should Congress begin work on the education bill, Herwitt said HRC would push for the Student Non-Discrimination Act’s inclusion as part of the larger legislation.

“If the ESEA bill moves forward, you will see HRC and other groups like [the Gay, Lesbian & Straight Education Network] working hard on the bill to make every effort to have it be part of the reauthorization bill,” Herwitt said.

Herwitt said she’s heard conflicting stories on the education reauthorization, though, and was unsure time remains in this year’s legislative calendar to tackle the legislation.

Baldwin said the Student Non-Discrimination Act’s “brightest prospect” is inclusion as part of this larger legislation, but she noted if the process stalls, congressional hearings would help educate members of Congress on the importance of the issue.

“One of the things I would really hope for is hearings on that legislation to really educate members and the public on what a significant issue this is,” she said. “I think many are unaware, and I think you could build some real momentum for passage of the legislation if it were highlighted in that way.”

Also of interest to LGBT rights supporters is passage of the fiscal years 2010 and 2011 foreign affairs reauthorization legislation.

Last year, the House approved a version of the State Department budget legislation that would call for greater U.S. action against LGBT abuses abroad. In the Senate, legislation with identical language has been reported out of committee, but hasn’t yet reached the floor.

The language urges the State Department to task more officers in the Human Rights Bureau to track violence overseas related to sexual orientation and laws criminalizing homosexuality.

Additionally, the provision calls on U.S. embassies to work to reform or repeal laws overseas criminalizing homosexuality and directs the State Department to strengthen its annual human rights report with regard to reporting on abuses against LGBT people.

But whether Congress will manage to pass the reauthorization bill for the State Department remains in question. The last time this legislation made its way to president’s desk was in 2002, and Manley said nothing has been scheduled for when the bill would come to the Senate floor.

Mark Bromley, chair of the Council for Global Equality, was skeptical that the full Senate would find time soon to take up the measure.

“I haven’t heard anything about them being able to find floor time for it,” he said. “It doesn’t seem like there’s any momentum in terms of getting it to the floor in the short term.”

Herwitt noted that passage of foreign affairs authorization has often been a difficult task for Congress.

“There have been many years when the State Department authorization bill never made it to the floor just because it becomes a heavy legislative lift — not because of our issues, but because of the bigger issues that are in the bill,” she said.

Baldwin said she was nonetheless optimistic about the bill’s chances this year because both chambers of Congress have moved forward on it.

“I would be hopeful — given that there’s interest now in both houses of Congress — that we can see it through,” she said.

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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Indiana

Drag queen announces run for mayor of Ind. city

Branden Blaettne seeking Fort Wayne’s top office

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Branden Blaettner being interviewed by a local television station during last year’s Pride month. (WANE screenshot)

In a Facebook post Tuesday, a local drag personality announced he was running for the office of mayor once held by the late Fort Wayne Mayor Tom Henry, who died last month just a few months into his fifth term.

Henry was recently diagnosed with late-stage stomach cancer and experienced an emergency that landed him in hospice care. He died shortly after.

WPTA, a local television station, reported that Fort Wayne resident Branden Blaettne, whose drag name is Della Licious, confirmed he filed paperwork to be one of the candidates seeking to finish out the fifth term of the late mayor.

Blaettner, who is a community organizer, told WPTA he doesn’t want to “get Fort Wayne back on track,” but rather keep the momentum started by Henry going while giving a platform to the disenfranchised groups in the community. Blaettner said he doesn’t think his local fame as a drag queen will hold him back.

“It’s easy to have a platform when you wear platform heels,” Blaettner told WPTA. “The status quo has left a lot of people out in the cold — both figuratively and literally,” Blaettner added.

The Indiana Capital Chronicle reported that state Rep. Phil GiaQuinta, who has led the Indiana House Democratic caucus since 2018, has added his name to a growing list of Fort Wayne politicos who want to be the city’s next mayor. A caucus of precinct committee persons will choose the new mayor.

According to the Fort Wayne Journal Gazette, the deadline for residents to file candidacy was 10:30 a.m. on Wednesday. A town hall with the candidates is scheduled for 6 p.m. on Thursday at Franklin School Park. The caucus is set for 10:30 a.m. on April 20 at the Lincoln Financial Event Center at Parkview Field.

At least six candidates so far have announced they will run in the caucus. They include Branden Blaettne, GiaQuinta, City Councilwoman Michelle Chambers, City Councilwoman Sharon Tucker, former city- and county-council candidate Palermo Galindo, and 2023 Democratic primary mayoral candidate Jorge Fernandez.

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Arizona

Ariz. governor vetoes anti-transgender, Ten Commandments bill

Katie Hobbs has pledged to reject anti-LGBTQ bills that reach her desk

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Arizona Gov. Katie Hobbs speaks with reporters at an April 8, 2024 press conference. (Photo courtesy of Hobbs’s Facebook page)

BY CAITLIN SIEVERS | A slew of Republican bills, including those that would have allowed discrimination against transgender people and would have given public school teachers a green light to post the Ten Commandments in their classrooms, were vetoed by Gov. Katie Hobbs on Tuesday. 

Hobbs, who has made it clear that she’ll use her veto power on any bills that don’t have bipartisan support — and especially ones that discriminate against the LGBTQ community — vetoed 13 bills, bringing her count for this year to 42.

Republicans responded with obvious outrage to Hobbs’s veto of their “Arizona Women’s Bill of Rights,” which would have eliminated any mention of gender in state law, replacing it with a strict and inflexible definition of biological sex. The bill would have called for the separation of sports teams, locker rooms, bathrooms, and even domestic violence shelters and sexual assault crisis centers by biological sex, not gender identity, green-lighting discrimination against trans Arizonans.

“As I have said time and again, I will not sign legislation that attacks Arizonans,” Hobbs wrote in a brief letter explaining why she vetoed Senate Bill 1628

The Arizona Senate Republicans’ response to the veto was filled with discriminatory language about trans people and accused them of merely pretending to be a gender different than they were assigned at birth. 

“With the radical Left attempting to force upon society the notion that science doesn’t matter, and biological males can be considered females if they ‘feel’ like they are, Katie Hobbs and Democrats at the Arizona State Legislature are showing their irresponsible disregard for the safety and well-being of women and girls in our state by killing the Arizona Women’s Bill of Rights,” Senate Republicans wrote in a statement. 

The Senate Republicans went on to accuse the Democrats who voted against the bill of endangering women. 

“Instead of helping these confused boys and men, Democrats are only fueling the dysfunction by pretending biological sex doesn’t matter,” Senate President Warren Petersen said in the statement. “Our daughters, granddaughters, nieces, and neighbors are growing up in a dangerous time where they are living with an increased risk of being victimized in public bathrooms, showers, and locker rooms because Democrats are now welcoming biological males into what used to be traditionally safe, single-sex spaces.”

But trans advocates say, and at least one study has found, that there’s no evidence allowing trans people to use the bathroom that aligns with their identity makes those spaces less safe for everyone else who uses them. 

In the statement, the bill’s sponsor, Sen. Sine Kerr (R-Buckeye), claimed that the bill would have stopped trans girls from competing in girls sports, something she said gives them an unfair advantage. But Republicans already passed a law to do just that in 2022, when Republican Gov. Doug Ducey was still in office, though that law is not currently being enforced amidst a court challenge filed by two trans athletes. 

Republicans also clapped back at Hobbs’ veto of Senate Bill 1151, which would have allowed teachers or administrators to teach or post the Ten Commandments in public school classrooms, a measure that some Republicans even questioned as possibly unconstitutional. 

In a statement, the bill’s sponsor, Sen. Anthony Kern (R-Glendale), accused Hobbs of “abandoning God” with her veto. 

“As society increasingly strays away from God and the moral principles our nation was founded upon, Katie Hobbs is contributing to the cultural degradation within Arizona by vetoing legislation today that would have allowed public schools to include the Ten Commandments in classrooms,” Kern said in the statement. 

In her veto letter, Hobbs said she questioned the constitutionality of the bill, and also called it unnecessary. During discussion of the bill in March, several critics pointed out that posting the Ten Commandments in public school classrooms, tenets of Judeo-Christian religions, might make children whose families practice other religions feel uncomfortable. 

“Sadly, Katie Hobbs’ veto is a prime example of Democrats’ efforts to push state-sponsored atheism while robbing Arizona’s children of the opportunity to flourish with a healthy moral compass,” Kern said. 

Another Republican proposal on Hobbs’s veto list was Senate Bill 1097, which would have made school board candidates declare a party affiliation. School board races in Arizona are currently nonpartisan. 

“This bill will further the politicization and polarization of Arizona’s school district governing boards whose focus should remain on making the best decisions for students,” Hobbs wrote in her veto letter. “Partisan politics do not belong in Arizona’s schools.”

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Caitlin Sievers

Caitlin joined the Arizona Mirror in 2022 with almost 10 years of experience as a reporter and editor, holding local government leaders accountable from newsrooms across the West and Midwest. She’s won statewide awards in Nebraska, Indiana and Wisconsin for reporting, photography and commentary.

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The preceding piece was previously published by the Arizona Mirror and is republished with permission.

Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.

Arizona Mirror is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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