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Push for LGBT bills continues during recess

Activities planned in local districts while Congress takes break

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Advocacy groups are planning to take advantage of this monthā€™s congressional recess by stepping up efforts with district offices to build support for pro-LGBT initiatives while lawmakers are at home.

One joint effort between the Human Rights Campaign and Servicemembers Legal Defense Network, for example, is geared toward influencing senators to support repealing ā€œDonā€™t Ask, Donā€™t Tellā€ when the issue comes before the Senate, possibly in September.

As part of this same effort, HRC is also working on building support for bringing the Employment Non-Discrimination Act to a House vote.

Meanwhile, grassroots LGBT group GetEqual is considering ways to expand its direct action work outside the Capital Beltway to reach lawmakers in their home districts.

HRC and SLDN last week announced their effort, called Countdown 2010, which aims to mobilize new grassroots efforts to build support in part toward ending ā€œDonā€™t Ask, Donā€™t Tellā€ in the Senate.

Marty Rouse, HRCā€™s national field director, said the effort consists of engagement from the organizationā€™s field team as well as encouraging HRC members to reach out to key lawmakers.

ā€œWe canā€™t just talk to our legislators and members of Congress inside the Beltway,ā€ Rouse said. ā€œWe have to talk to them in the district so that they see that thereā€™s interest and concern back home.ā€

Aubrey Sarvis, SLDNā€™s executive director, said the effort will last until lawmakers return from their August recess and vote on the fiscal year 2011 defense authorization bill, the legislative vehicle to which the Senate Armed Services Committee in May attached a provision that would lead to ā€œDonā€™t Ask, Donā€™t Tellā€ repeal.

ā€œWeā€™ll be down in the targeted states with veterans, former clients of SLDN, friends and family of veterans ā€” hopefully to visit with senators and their key staffers to urge senators to support, one, the [Defense Department] bill and, secondly, to support the provisions in the bill as it came out of the Senate Armed Services Committee,ā€ Sarvis said.

The ā€œDonā€™t Ask, Donā€™t Tellā€ portion of the Countdown 2010 effort is focused on influencing senators in 10 states ā€” Arkansas, Indiana, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, South Dakota and Virginia ā€” where HRC and SLDN feel they donā€™t have a firm commitment from senators on the issue.

Rouse said the senators in the states on which HRC is focusing its efforts are Blanche Lincoln (D-Ark.), Mark Pryor (D-Ark.), Richard Lugar (R-Ind.), Jon Tester (D-Mont.), Max Baucus (D-Mont.), Mike Johanns (R-Neb.), John Ensign (R-Nev.), Judd Gregg (R-N.H.), Byron Dorgan (D-N.D.), Kent Conrad (D-N.D.), George Voinovich (R-Ohio), Tim Johnson (D-S.D.) and Mark Warner (D-Va.).

Although Rouse said HRCā€™s field team is engaged in nearly all of these states throughout the country as part of this effort, he added efforts arenā€™t yet underway in Montana because of priority and efficiency reasons.

ā€œMontana is a big state, and itā€™s hard to cover and hard to get to,ā€ Rouse said. ā€œThereā€™s no one in Montana right now, but there will be.ā€

One of the senators on the list has already publicly indicated his position on ā€œDonā€™t Ask, Donā€™t Tellā€ in the defense authorization bill. Last month, Lugar told the Blade he wouldnā€™t support removing the ā€œDonā€™t Ask, Donā€™t Tellā€ language from legislation and is unlikely to support a filibuster of the main bill.

Sarvis said SLDN feels Indiana should nonetheless be among the states on which efforts are focused.

ā€œWith Sen. Lugar, the commitment is not as firm and unequivocal as we would like, so we hope to engage him back home,ā€ Sarvis said. ā€œBut, yes, we are somewhat encouraged by what Sen. Lugar has said to date. But, again, itā€™s not done until all the votes are cast.ā€

Also as part of Countdown 2010, HRC is working to influence senators in the targeted states on ENDA while engaging House members in North Carolina, Pennsylvania and Texas to build support for the bill. Rouse said urging senators to support ENDA in these three additional states is less of a priority.

ā€œWe really focused on the House and we need to do significant [work] in House districts throughout the country before we even can think of the Senate,ā€ Rouse said. ā€œOur focus right now in the field is making sure that we target these House members. Thatā€™s most important.ā€

Paul Guequierre, an HRC spokesperson, said the efforts in North Carolina, Pennsylvania and Texas are geared toward influencing House Democratic members in these states that arenā€™t ENDA co-sponsors.

Five of eight House Democrats from North Carolina, five of 12 House Democrats from Pennsylvania and five of 12 House Democrats from Texas arenā€™t co-sponsors, Guequierre said.

Sarvis said the shared work between HRC and SLDN in this effort would complement the strength of each organization. He noted that HRC has more field organizers and thus would provide more field workers to the effort while SLDN would bring more service members and veterans.

ā€œWhether itā€™s working with field organizers in place or SLDN veterans, clients, itā€™ll be a matter of sharing resources and bringing that [all] together over the next six to eight weeks in the most efficient way possible,ā€ Sarvis said.

Rouse said HRC would look at local media to determine whether efforts in these states are making progress and noted that efforts in many states have already produced results.

ā€œWeā€™ve already seen letters to the editor printed, op-eds printed and meetings with the Senate staff have already taken place,ā€ he said. ā€œNone of this would have happened were it not for HRCā€™s staff being on the ground, mobilizing and reaching out to people.ā€

But for SLDN, evaluating the progress of Countdown 2010 would depend on the results of the meetings with senators and their staffers in these states.

ā€œBut the bottom line is you wonā€™t know until the votes have been cast,ā€ Sarvis said. ā€œIn some cases, we may get affirmative answers over the next several weeks, but I suspect that in many cases, we wonā€™t get a definitive answer until the senatorsā€™ votes.ā€

GetEqual plans district actions

Meanwhile, GetEqual is planning efforts to draw more attention to ENDA as lawmakers return from break. The efforts are intended to build off previous protests last month in Las Vegas and at the U.S. Capitol.

Robin McGehee, co-founder of GetEqual, said her group has been talking with local organizers about working collaboratively on direct action throughout the country on ENDA and ā€œDonā€™t Ask, Donā€™t Tell.ā€

ā€œWeā€™re trying to work to set up some in-district actions,ā€ she said. ā€œAt this moment, we donā€™t have any targets that weā€™ll release only because weā€™re trying to figure out where is the weakest link and what we feel like is going to be strategically the best one to plan most of our attention.ā€

McGehee said GetEqual will be sending out instructions on ways people can engage in the political process as lawmakers work in their home district.

ā€œIt may be some people planning actions; it may be just giving them avenues of engagement that can just get them to engage their legislator around ā€˜Donā€™t Ask, Donā€™t Tellā€™ or ENDA,ā€ she said.

McGehee said GetEqual is looking at lawmakersā€™ speaking engagements, town halls, fundraisers and office times as possible opportunities for action.

Wherever the actions take place, McGehee said GetEqual is in part learning from the tactics that conservative protesters used in interrupting town hall meetings last year over health care reform.

ā€œObviously, you donā€™t want to be compared to someone who has a conservative platform,ā€ she said. ā€œBut, in my opinion, one of the things that we did learn from watching that was the squeaky wheel was getting the grease.ā€

In the past month, GetEqual asked supporters which of four lawmakers should be targeted for direct action over ENDA: U.S. House Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.), Rep. Barney Frank (D-Mass.) or Rep. George Miller (D-Calif.).

According to GetEqual, Pelosi won 46.5 percent of the vote, Reid won 18.5 percent, Miller took 17.6 percent and Frank took 17.4 percent. The organization declined to make public the total number of votes.

McGehee said the first and second place rankings of Pelosi and Reid were behind a protest last month in Las Vegas, which was directed against Reid, and another protest in the U.S. Capitol, which targeted Pelosi.

But whether GetEqual continues to target Pelosi and Reid during their August break remains to be seen.

ā€œI donā€™t know for sure that weā€™ll go back to those targets,ā€ McGehee said. ā€œHonestly, for us, itā€™s just looking at where you have local organizers that also want to be involved, and finding out from the advocacy groups that really have the inside strategy where do they feel like the hold up is actually happening.ā€

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, ā€œIt is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district courtā€™s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.ā€

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks itā€™s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ā€˜mutilationā€™ and ā€˜an abominationā€™ and have called the providers of this care ā€˜evil,ā€™” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.ā€ 

ā€œTransgender adults donā€™t need state officials looking over their shoulders, and families of transgender youth donā€™t need the government dictating how to raise their children,ā€ said Shannon Minter, legal director of NCLR. ā€œThe district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.ā€ 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, ā€œThe state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, ā€œThe defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 ā€œNot only does this dangerous law take away parentsā€™ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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State Department

LGBTQ rights abroad not discussed during Marco Rubio confirmation hearing

Senate expected to confirm Fla. Republican as next secretary of state

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

U.S. Sen. Marco Rubio (R-Fla.) on Wednesday did not speak about LGBTQ rights abroad during his confirmation hearing to become the next secretary of state.

The Florida Republican in his opening statement to the Senate Foreign Affairs Committee noted President-elect Donald Trump “returns to office with an unmistakable mandate from the voters.”

“They want a strong America, a strong America engaged in the world, but guided by a clear objective to promote peace abroad and security and prosperity here at home,” said Rubio.

“The direction he has given for the conduct of our foreign policy is clear,” he added. “Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?”

Trump nominated Rubio a week after Vice President Kamala Harris conceded she lost the presidential election.

Rubio in 2022Ā defendedĀ Florida’s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

LGBTQ rights a cornerstone of Biden-Harris administration’s foreign policy

President Joe Biden in February 2021Ā signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy. A few months later he named Jessica Stern, the former executive director of Outright International, a global advocacy group, as special U.S. envoy for the promotion of LGBTQ and intersex rights abroad.

Ned Price, who was the State Departmentā€™s first openly gay spokesperson, during a May 2021 interview with the Washington Blade noted the decriminalization of consensual same-sex sexual relations was one of the administrationā€™s priorities in its efforts to promote LGBTQ rights abroad.

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell, who has been tapped as special missions envoy, to lead an initiative that encouraged countries to decriminalize homosexuality. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Stern in 2022 noted the Biden-Harris administration also supported marriage equality efforts in countries where activists said they were possible through legislation or the judicial process.

Brittney Griner in December 2022 returned to the U.S. after Russia released her in exchange for a convicted arms dealer. The lesbian WNBA star had been serving a nine-year prison sentence in a penal colony after a court earlier that year convicted her on the importation of illegal drugs after Russian customs officials found vape canisters containing cannabis oil in her luggage at Moscowā€™s Sheremetyevo Airport.

The State Department in 2022 began to issue passports with an ā€œXā€ gender marker.

The Biden-Harris administration in response to the signing of Ugandaā€™s Anti-Homosexuality Act sanctioned officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free the U.S. Harris during a 2023 press conference with then-Ghanaian President Nana Akufo-Addo in Accra, the Ghanaian capital, spoke about LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank, in 2022 became the first openly lesbian woman ambassador. David Pressman, the outgoing U.S. ambassador to Hungary, and Scott Miller, the outgoing U.S. ambassador to Switzerland and Liechtenstein, are two of the other American ambassadors who Biden nominated that are gay.

Outgoing Secretary of State Antony Blinken in 2021 appointed former U.S. Ambassador to Malta Gina Abercrombie-Winstanley as the State Department’s first chief diversity and inclusion officer.

U.S. Sen. Jim Risch (R-Idaho), who chairs the Senate Foreign Affairs Committee, criticized the State Department’s DEI efforts during Rubio’s confirmation hearing.

“The Biden administration often undercut effective foreign policy by inserting ideological and political requirements into the fabric of personnel decisions and policy execution,” said Risch.

“Rather than making hires or promotions based on merit and effectiveness, the department created new diversity, equity, inclusion, and accessibility (DEIA) requirements that distracted from this mission, undermined morale, and created an unfair and opaque process for promotions and performance evaluations,” he added. “Fealty to progressive politics became the benchmark for success. As we look around the United States that view is diminishing very quickly amongst even large progressive cooperations.”

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