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UAFA gets renewed push as clock ticks

Bill called ‘absolutely essential’ to immigration reform

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U.S. Rep. Jared Polis (center) (Washington Blade photo by Michael Key)

Supporters of immigration and LGBT rights are renewing their calls on Congress to pass comprehensive immigration reform legislation this year that includes protections for bi-national same-sex couples.

At a press conference Thursday on Capitol Hill, several U.S. House members emphasized the importance of passing legislation to make the nation’s immigration laws more fair and enable LGBT Americans to sponsor their foreign partners for residency in the United States.

The strengthened call for passing comprehensive immigration reform comes as limited time remains in the legislative calendar for this Congress, raising questions about whether lawmakers will be able to address major legislation such as immigration reform this year.

Same-sex partners currently have no recourse under any portion of family law in the U.S. immigration code. The policy threatens to keep an estimated 36,000 bi-national same-sex couples from remaining together in the United States.

Among those who spoke in favor of passing immigration reform inclusive of this language is Rep. Jerrold Nadler (D-N.Y.), who sponsors the Uniting American Families Act, a standalone bill that would address the situation for LGBT families.

Nadler said passing immigration reform that includes protections for the LGBT community is “absolutely essential.”

“In particular, binational LGBT couples must be granted the right to sponsor their permanent partners for immigration, just as other committed and straight married couples can,” he said.

Rep. Mike Honda (D-Calif.), the sponsor of another UAFA-inclusive bill known as the Reuniting Familes Act, also addressed the importance of passing such legislation.

Honda said “ending discrimination” against bi-national same-sex couples is “in line with American values and is good for our economy.”

“We know that American workers who have family by their side are happier, healthier and more able to succeed with this essential social safety net,” he said.

Rep. Luis Gutierrez (D-Ill.), a pro-immigrant lawmaker, said passing inclusive legislation is politically viable.

“On a more political note, I am confident that we can pass immigration reform that includes the provisions of UAFA this year,” Gutierrez said, according to his prepared remarks. “Including UAFA makes the tent that much bigger and makes the coalition that much stronger.”

Late last year, Gutierrez introduced immigration legislation that was seen as a more liberal alternative to the working bill expected for introduction in Congress. Although his legislation at the time didn’t include UAFA-like language, he recently revealed his support for including bi-national LGBT families as part of immigration reform.

Other lawmakers who appeared at Thursday’s event to show their support for such legislation were Rep. Jared Polis (D-Colo.), a gay lawmaker and proponent of immigration reform, as well as Rep. Mike Quigley (D-Ill.).

Erwin de Leon, a gay D.C. resident and Blade contributor, also called for UAFA-inclusive legislation at the press conference.

He said passage of such a bill would help him obtain a green card to remain in the United States with his spouse, whom he married earlier this year in D.C.

“Thanks to vagaries of the U.S. immigration system, I still do not have my green card, even though I consider the United States my home, have lived here legally for several years and in my heart know that I am as American as my native-born cousins,” he said.

Along with lawmakers, a coalition of 37 organizations — including LGBT, immigration and faith-based groups — joined in the the chorus of voices calling on Congress to act on immigration reform.

Immigration Equality, one of the organizations working to pass UAFA, is a leading voice among these groups. Other LGBT groups in this coalition include the Family Equality Council, the National Gay & Lesbian Task Force and the Human Rights Campaign.

Rachel Tiven, Immigration Equality’s executive director, said current law is taking LGBT families “and sending them into exile.”

“Together we will fight for immigration reform that protects all families,” she said. “We will organize, we will protest, we will demand that the Uniting American Families Act and the Reuniting Families Act be part of a just, humane and comprehensive immigration reform bill.”

Still, challenges remain in passing UAFA-inclusive legislation. Patrick Egan, a gay political science professor at New York University, said the chances of Congress passing reform inclusive of LGBT families are “pretty low.”

“It’s going to be very difficult to get the 60 votes together in the Senate to move the bill forward and they’re going to be reluctant to put anything in there that jeopardizes its passage,” Egan said. “And this, unfortunately, is one of those issues that can cause you to shed a few votes on the Republican side. And I would be very surprised if that would be in any bill that gets passed by the Senate and the House.”

Sean Theriault, a gay government professor at the University of Texas, Austin, said “there is no chance” that an immigration bill immigration reform will pass this year whether or not it includes UAFA-like language.

“The reason that Democratic leaders and the White House have begun talking about immigration is because it divides Republicans from Hispanics,” he said. “On that score alone, the bill very well may contain [this] language. It is easy to be in favor of wholesale reform when the chances of it passing our zilch.”

Still, Theriault said if Democrats had to start making concessions to pass immigration reform, he couldn’t imagine “they would sacrifice the entire bill for inclusive language.”

Capitol Hill observers expect the U.S. Senate to debate and vote on comprehensive immigration reform legislation before a bill is taken up in the U.S. House. Sen. Chuck Schumer (D-N.Y.), chair of the Senate Judiciary immigration subcommittee, is expected to introduce the legislation in the Senate.

While the Senate bill has yet to be introduced, framework for the legislation made public earlier this year shows support for passing a bill inclusive of LGBT families.

In a brief interview with the Blade on Capitol Hill late last month, Schumer noted the UAFA language was in the framework for immigration reform legislation. Asked whether the provision would be in the bill upon introduction, Schumer replied, “I believe so.”

“I believe in it and I want to see it stay in,” Schumer said.

Asked when he would introduce the legislation, Schumer replied, “We have the proposal and we’re still trying to get some Republican support.”

Schumer said he’s talking to several Republican senators who would be original co-sponsors for the legislation, but declined to identify any lawmakers.

Although no U.S. senator attended Thursday’s press conference, Tiven said advocates wanted to emphasize the support of U.S. House members for UAFA-inclusive legislation.

“We wanted to show what the House is doing to match the Senate’s leadership on inclusive comprehensive immigration reform,” she said.

Julie Kruse, policy director for Immigration Equality, said her organization is planning additional events throughout the country to draw attention to passing UAFA-inclusive comprehensive immigration legislation.

She said cities in Florida, California, Texas, New York and Minnesota are potential places where these events would take place.

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U.S. Supreme Court

Supreme Court to consider challenge to Tenn. law challenging gender-affirming case for minors

Volunteer State lawmakers approved ban in 2023

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Monday agreed to consider a challenge to a Tennessee law that bans health care providers from offering gender-affirming care to transgender minors.

Tennessee lawmakers approved the law in 2023.

A federal judge in Nashville issued a temporary injunction against portions of the statute before it was to have taken effect on July 1, 2023. The 6th U.S. U.S. Circuit Court of Appeals last September rejected a request to block the law the Justice Department has also challenged.

“The future of countless transgender youth in this and future generations rests on this court adhering to the facts, the Constitution, and its own modern precedent,” said Chase Strangio, deputy director for transgender justice at the American Civil Liberties Union’s LGBTQ and HIV Project, on Monday in a press release. “These bans represent a dangerous and discriminatory affront to the well-being of transgender youth across the country and their constitutional right to equal protection under the law. They are the result of an openly political effort to wage war on a marginalized group and our most fundamental freedoms.” 

“We want transgender people and their families across the country to know we will spare nothing in our defense of you, your loved ones, and your right to decide whether to get this medical care,” added Strangio.

The Associated Press reported Tennessee is among the more than two dozen states that have enacted laws that either restrict or ban gender-affirming care for trans minors.

The ACLU notes the Supreme Court “is not expected to hear arguments” in the case until the fall.

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The White House

EXCLUSIVE: Jill Biden to host White House Pride celebration

Event to take place on June 26

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First lady Jill Biden (Washington Blade photo by Michael Key)

First lady Jill Biden will host the White House Pride Month celebration on June 26, according to a press release previewed by the Washington Blade.

The party on the South Lawn will also feature a performance by singer, songwriter, actress, and record producer Deborah Cox and musical selections by DJ Trifle.

This year’s event comes on Equality Day this year, which honors the anniversaries of three landmark U.S. Supreme Court decisions that expanded rights and protections for LGBTQ Americans: Lawrence v. Texas (2003), which struck down sodomy laws, United States v. Windsor (2013), which struck down the Defense of Marriage Act, and Obergefell v. Hodges (2015), which made marriage equality the law of the land.

The White House highlighted some of the “historic action” taken by President Joe Biden to “advance LGBTQ+ equality for the community,” including:

  • Signing into law the landmark Respect for Marriage Act which protects the rights of same-sex and interracial couples;
  • Appointing a historic number of LGBTQI+ and transgender appointees, including the first transgender American to be confirmed by the U.S. Senate;
  • Directing all federal agencies to strengthen civil rights protections on the basis of gender identity, resulting in agencies working to strengthen protections in housing, health care, education, employment, the criminal justice system, nutrition programs, and more;
  • Reversing the ban on open service by transgender members of the military;
  • Signing an executive order focused on LGBTQI+ children and families that directs agencies to address the dangerous and discredited practice of so-called “conversion therapy” and finalized rule-making that ends disparities that LGBTQI+ children and parents face in the child welfare and foster care system and protects against disparities in health care; and
  • President Biden continues to call on Congress to pass the Equality Act to enshrine civil rights protections for LGBTQI+ Americans in federal law.

Last year, the president and the first lady hosted the celebration, which was the largest Pride event ever held at the White House.

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National

65% of Black Americans support Black LGBTQ rights: survey

Results show 40% have LGBTQ family member

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(Logo courtesy of the NBJC)

The National Black Justice Coalition, a D.C.-based LGBTQ advocacy organization, announced on June 19 that it commissioned what it believes to be a first-of-its-kind national survey of Black people in the United States in which 65 percent said they consider themselves “supporters of Black LGBTQ+ people and rights,” with 57 percent of the supporters saying they were “churchgoers.”

In a press release describing the findings of the survey, NBJC said it commissioned the research firm HIT Strategies to conduct the survey with support from five other national LGBTQ organizations – the Human Rights Campaign, the National LGBTQ Task Force, the National Center for Lesbian Rights, Family Equality, and GLSEN.

“One of the first surveys of its kind, explicitly sampling Black people (1,300 participants) on Black LGBTQ+ people and issues – including an oversampling of Black LGBTQ+ participants to provide a more representative view of this subgroup – it investigates the sentiments, stories, perceptions, and priorities around Black values and progressive policies, to better understand how they impact Black views on Black LGBTQ+ people,” the press release says.

It says the survey found, among other things, that 73 percent of Gen Z respondents, who in 2024 are between the ages of 12 and 27, “agree that the Black community should do more to support Black LGBTQ+ people.”

According to the press release, it also found that 40 percent of Black people in the survey reported having a family member who identifies as LGBTQ+ and 80 percent reported having “some proximity to gay, lesbian, bisexual, or queer people, but only 42 percent have some proximity to transgender or gender-expansive people.”

The survey includes these additional findings:

• 86% of Black people nationally report having a feeling of shared fate and connectivity with other Black people in the U.S., but this view doesn’t fully extend to the Black LGBTQ+ community. Around half — 51% — of Black people surveyed feel a shared fate with Black LGBTQ+ people.

• 34% reported the belief that Black LGBTQ+ people “lead with their sexual orientation or gender identity.” Those participants were “significantly less likely to support the Black LGBTQ+ community and most likely to report not feeling a shared fate with Black LGBTQ+ people.”

• 92% of Black people in the survey reported “concern about youth suicide after being shown statistics about the heightened rate among Black LGBTQ+ youth.” Those expressing this concern included 83% of self-reported opponents of LGBTQ+ rights.

• “Black people’s support for LGBTQ+ rights can be sorted into three major groups: 29% Active Accomplices, 25% Passive Allies (high potential to be moved), 35% Opponents. Among Opponents, ‘competing priorities’ and ‘religious beliefs’ are the two most significant barriers to supporting Black LGBTQ+ people and issues.”

• 10% of the survey participants identified as LGBTQ. Among those who identified as LGBTQ, 38% identified as bisexual, 33% identified as lesbian or gay, 28% identified as non-binary or gender non-conforming, and 6% identified as transgender.

• Also, among those who identified as LGBTQ, 89% think the Black community should do more to support Black LGBTQ+ people, 69% think Black LGBTQ+ people have fewer rights and freedoms than other Black people, 35% think non-Black LGBTQ+ people have fewer rights and freedom than other Black people, 54% “feel their vote has a lot of power,” 51% live in urban areas, and 75% rarely or never attend church.

Additional information about the survey from NBJC can be accessed here.

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