Connect with us

National

Byrd ‘evolved’ on LGBT issues

Despite mixed track record, W.Va. senator was beloved

Published

on

Sen. Robert Byrd, who died Monday after serving six decades in Congress, slowly moved from opposing to backing several LGBT civil rights bills. (Photo courtesy of Byrd’s office)

U.S. Sen. Robert Byrd of West Virginia, who died Monday after serving a record 57 years in the U.S. Senate, evolved from a socially conservative Democrat who opposed nearly all LGBT civil rights initiatives to an elder lawmaker who backed several important pro-gay bills.

“I think you can say that he moved forward and started to understand the basic humanity of all 
West Virginians, including LGBT West Virginians,” said Stephen Skinner, an attorney who serves as president of the board of the statewide LGBT group Fairness West Virginia.

Skinner, a native West Virginian who said he spoke with Byrd many times over the years, acknowledged that the senator said many “bad things” about LGBT-related issues.

But Skinner joined many political observers in West Virginia to remember Byrd this week more for the massive infusion of federal funds and resources he secured for his state that resulted in economic development and jobs for residents long plagued by poverty.

“I would say he was universally beloved, including by the LGBT people in the state, whose affection for him often override most of his decisions” on LGBT-related issues, Skinner said.

“Everywhere you go, we were all affected by what he did. And everybody believes he did so much for the country that everything he did for the state was deserved,” said Skinner.

Allison Herwitt, director of legislative affairs for the Human Rights Campaign, pointed to HRC’s congressional scorecard ratings for Byrd, which range from a low of 13 of 100 for the 108th Congress to a high of 60 two years ago in the 110th Congress, the most recent rating.

HRC gave him ratings in the 25-to-35 range in most years beginning in the 1990s. The ratings are based on votes, stances and attitudes toward LGBT- and AIDS-related issues.

“Over the years he’s had a very mixed record on LGBT equality,” Herwitt said.

Among other things, Byrd voted in 1996 for the Defense of Marriage Act, which bars the federal government from recognizing same-sex marriages. That same year, he voted against the Employment Non-Discrimination Act, which would have banned most private-sector employers from engaging in employment discrimination based on sexual orientation.

In a lengthy floor speech during the Senate debate on DOMA, Byrd cited how some historians linked the decline and fall of the ancient Roman Empire to homosexuality.

“But when it came to being there for hate crimes and on ‘Don’t Ask, Don’t Tell,’ he voted for equality and moving forward,” Herwitt said. “And so he is one of those people that, over the course of his political career, he certainly has evolved on our issues.”

Byrd voted last year for a hate crimes measure that authorizes the federal government to prosecute crimes that target people for their sexual orientation or gender identity. The measure became the first LGBT-inclusive civil rights bill to pass Congress.

Earlier this year, Byrd supported a compromise provision to repeal “Don’t Ask, Don’t Tell” in a close vote in the Senate Armed Services Committee. Capitol Hill sources said Byrd’s staff on the committee helped draft the compromise language that was credited with persuading enough members of the panel to pass it.

Byrd’s position on a proposed constitutional amendment to ban same-sex marriage was less clear. When same-sex marriage opponents proposed the Federal Marriage Amendment before the Senate in 2004, Byrd voted to end a filibuster backed by Senate Democratic leaders, who sought to block the measure from coming up for a full vote.

A motion to end the filibuster failed by a vote of 48 to 50; two senators were absent at the time of the vote. Sixty votes are needed to end filibusters.

Some observers considered a vote for ending the filibuster a sign that senators supported the amendment. But Skinner said members of Byrd’s staff told him that Byrd “opposed messing with the constitution” on matters of same-sex marriage and planned to vote against the amendment if it reached the floor for a direct vote.

A gay former member of Byrd’s staff, who spoke this week on condition of anonymity, said Byrd was a strong advocate of full debate on important issues before the Senate. The former staffer agreed with Skinner’s assessment that Byrd, a recognized constitutional scholar, would likely have voted against the same-sex marriage amendment in a direct Senate vote.

“I don’t think he understood gays,” said the former staffer. “It was not part of his social lexicon. Yet it was clear that there had been an evolution on gay issues.”

Herwitt said Byrd appeared to have been influenced by the greater visibility of LGBT people in his home state and throughout the country.

“I think as the country evolves on our issues, so do peoples’ understanding of what LGBT equality means for people,” she said. “I’m sure in the beginning of his career, when people weren’t out and living open and honestly, it was different. As he made it through the end of his career, he was working on Capitol Hill where people who are working for you and working for other senators are out and openly gay, so I think that also has an impact.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Tennessee

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

Published

on

U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

Continue Reading

U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

Published

on

The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

Continue Reading

National

Results from key Tuesday primary races

Published

on

Democratic State Sen. Scott Wiener (Photo courtesy of Scott Wiener)

State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election. 

The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump. 

In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.

In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.

In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.  

The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple. 

Continue Reading

Popular