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Levin uncertain about ‘Don’t Ask’ vote count

Senate prepares for critical Tuesday vote

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Sen. Carl Levin (D-Mich.), chair of the Senate Armed Services Committee. (Blade photo by Michael Key)

The chair of the Senate Armed Services Committee on Monday expressed uncertainty over whether the Senate would have sufficient votes to move forward with major defense budget legislation containing “Don’t Ask, Don’t Tell” repeal.

During a news conference, Sen. Carl Levin (D-Mich.) said he doesn’t know whether there are 60 votes to end a filibuster and move forward with the fiscal year 2011 defense authorization bill.

The vote for cloture on the legislation, which has language that would lead to the end of “Don’t Ask, Don’t Tell,” is set for Tuesday at 2:15 p.m.

“I hope we can get to cloture,” Levin said. “I know a number of you will ask the question, ‘Do we have the votes?’ My answer is, ‘I don’t know whether we have the votes or not.’ I haven’t done a whip check.”

Levin said he hopes the votes are present to move forward with the defense authorization bill because of “critically important” provisions in the legislation related to military pay and weapons systems.

Provided all 59 Democrats in the Senate vote in favor of cloture, at least one Republican vote is needed to move forward with the defense authorization bill, but GOP leadership is reportedly withholding support for the bill because of a limit imposed on the number of amendments that can be offered on the floor.

Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed for consideration of the defense authorization bill: an amendment to strip out the “Don’t Ask, Don’t Tell” repeal language; a measure to attach the DREAM Act, an immigration-related bill, to the legislation; and a measure addressing the “secret holds” senators can place on presidential nominees.

Sources have told the Blade that moderate Republicans, including Sen. Susan Collins (R-Maine), are seeking concessions from Democratic leadership in exchange for breaking with the Republican caucus and voting for cloture.

Levin said he’s unaware of any concessions that Collins or other Republicans are seeking over the defense authorization bill. Still, he said he’s spoken with the Maine senator about a previous version of the unanimous consent agreement.

“She and I talked about the consent agreement,” Levin said. “She had some difficulty with it. It wasn’t that she would vote for it if it were changed. That’s not what we talked about. It was she had some difficulty with an earlier draft, and, frankly, I thought she was right.”

Levin said he didn’t ask Collins during this conversation about how the Maine senator intended to vote on the cloture measure on Tuesday.

Asked by the Blade what would happen if cloture isn’t invoked on Tuesday, Levin said an unsuccessful vote would be a “real setback” and said he couldn’t predict what would happen if the bill came up again after Election Day.

“Anyone who tries to predict what will happen in lame duck has got a lot more courage than I do,” Levin said.

A failure to pass the defense authorization bill would almost be unprecedented. A Democratic aide said during the news conference that Congress has passed defense authorization legislation every year for the past 48 years.

If cloture is invoked on Tuesday, opponents of “Don’t Ask, Don’t Tell” repeal would have the opportunity to strip out the repeal language through an amendment on the Senate floor.

Levin said he doesn’t know what opponents of “Don’t Ask, Don’t Tell” repeal are planning when the Senate proceeds tomorrow with the legislation.

“I don’t know what we’re going to see on ‘Don’t Ask, Don’t Tell,'” Levin said. “It’s going to be up to people ā€” if we can get to cloture ā€” who will offer the amendment.”

A Democratic aide said the votes needed to strip the repeal language from the legislation would be either 51 or 60, depending on the agreement reached between majority and minority leadership.

But the main focus of Levin’s news conference was to address arguments from McCain, who has objected to advancing the defense authorization bill on the basis that non-germane amendments are planned for the legislation.

“For many, many years, we never put any extraneous items on the [defense authorization] bill, because it was so important to defense and we just didn’t allow it,” McCain said, according to a Levin statement. “Starting last year, Carl Levin and Harry Reid put hate crimes on it.”

McCain on the floor last week lamented that hate crimes protections legislation was signed into law last year as an amendment to FY 2010 Defense Authorization Act.

During todayā€™s news conference, Levin noted that hate crimes legislation had been attached to defense authorization legislation three additional times prior to 2009, although the measure never made it to the president’s desk before last year.

“Sen. McCain is incorrect on at least two accounts in the one statement,” Levin said. “Last year was not the first time that hate crimes legislation was added to the defense authorization bill … and it was approved by an overwhelming bi-partisan majority each of those three previous times.”

Levin also said other non-germane amendments had been considered as part of the defense authorization bill, including measures on concealed weapons, indecency standards as well as a previous amendment on “secret holds.”

An amendment for campaign finance reform that McCain sponsored in 2000 was also considered as part of the defense authorization bill, according to Levin.

“If we want to give these men and women in the military confidence in their government, we should have fully disclosed who it is that contributes to the political campaigns,” McCain said in 2000, according to a Levin statement.

Levin said he defended McCain’s right to offer this amendment in 2000 as he plans to defend the right of anyone who introduces the DREAM Act this year.

“People have a right to use the rules here and to suggest anything to the contrary is just simply inaccurate and I think has no place in the debate,” Levin said.

McCain’s office didn’t immediately respond to the Blade’s request for comment on Levin’s remarks.

Also during the presser, Levin disputed an account that the DREAM Act would be attached to the defense authorization bill as part of a manager’s amendment that would be inclusive of defense-related items.

A Republican source had earlier told the Blade that Democratic leadership was planning consideration of the DREAM Act and a manager’s amendment as one measure.

“That’s news to me,” Levin said. “I would love to know where you heard it. I’d like to check your source.”

Still, Levin said he expects the DREAM Act to be the first amendment offered to the defense authorization bill on Tuesday following a successful cloture vote.

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U.S. Federal Courts

9th Circuit upholds lower court ruling that blocked anti-trans Ariz. law

Statute bans transgender girls from sports teams that correspond with gender identity

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(Bigstock photo)

The 9th U.S. Circuit Court of Appeals on Monday upheld a lower court’s decision that blocked enforcement of an Arizona law banning transgender girls from playing on public schools’ sports team that correspond with their gender identity.

Then-Gov. Doug Ducey, a Republican, in 2022 signed the law.

The Associated Press reported the parents of two trans girls challenged the law in a lawsuit they filed in U.S. District Court in Tucson, Ariz., in April 2023. U.S. District Judge Jennifer Zipps on July 20, 2023, blocked the law.

Arizona Superintendent of Public Instruction Tom Horne, who was named as a defendant in the lawsuit, appealed the ruling to the 9th Circuit. Democratic Attorney General Kris Mayes is not defending the law.

A three-judge panel on the 9th Circuit unanimously upheld Zipps’s ruling.

“We are pleased with the 9th Circuitā€™s ruling today, which held that the Arizona law likely violates the Equal Protection Clause and recognizes that a studentā€™s transgender status is not an accurate proxy for athletic ability and competitive advantage,ā€ said Rachel Berg, a staff attorney for the National Center for Lesbian Rights, in a press release.

NCLR represents the two plaintiffs in the case.

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California

LGBTQ journalists convene in Los Angeles for largest-ever NLGJA conference

NLGJA hits Hollywood: Empowering diverse voices in media

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(Washington Blade photo by Joe Reberkenny)

This weekend, the heat wasn’t the only thing taking over Los Angeles. NLGJA: The Association of LGBTQ+ Journalists was hosting its convention in Hollywood. This weekend was slated to be the biggest and most attended conference NLGJA has ever seen.

The NLGJA conference is hosted annually in a different city, focusing on uplifting and supporting LGBTQ journalists who have often been overlooked in newsrooms across the U.S. This year it’s in Los Angeles at the Loews Hollywood Hotel, right off the famous Hollywood Boulevard. The conference has an extensive range of events including networking meetings, panel discussions with LGBTQ media giants and workshops, all designed to aid LGBTQ journalists.

The mission of NLGJA is to “advance fair and accurate coverage of LGBTQ+ communities and issues” and “promote diverse and inclusive workplaces.” NLGJA has worked toward this mission since 1990, when Leroy F. Aarons founded the association.

Los Angeles last hosted the conference in 2003, the year discrimination protections for sexual orientation and gender identity expression became state law. It was held at the Renaissance Hollywood Hotel that year and attendance included more than 500 journalists from around the nation.

The city has a vibrant gay scene ā€” West Hollywood (often referred to as WeHo) has more than 40 percent of residents identifying within the LGBTQ community, holds the record for the earliest lesbian publication in the U.S. with Vice Versa in 1947, and hosted the first Pride parade in the U.S. (alongside New York and Chicago.)

This year has a long lineup of convention speakers touching on multiple themes. The lineup includes actors Jesse Tyler Ferguson and Zachary Quinto, who will talk about their upcoming projects; CNN national news correspondent David Culver to discuss accurate social media reporting; Los Angeles Times reporter Tracy Brown to dissect pop culture reporting; and many more.

The conference talks cover a wide variety of topics, but all center around maximizing coverage of LGBTQ communities in traditional and new age media. Other key topics include how and why outlets need to diversify newsrooms as well as how to properly cover the ongoing and nuanced fight for transgender rights in America.

Besides professional talks, the conference offers LGBTQ journalists a way to strengthen their community, much of which is achieved outside the conference halls. One way the conference does this is by hosting a “night OUT” at a local gay bar where discussions of journalist-source relations, how to navigate being the only queer person in the newsroom, and what to say to allies when they begin to encroach on unfriendly rhetoric are just some of the topics that can be heard from attendees.

In addition to talks and community building, the conference is giving out awards to LGBTQ journalists who have made significant contributions to the coverage of LGBTQ issues in the past year. Awardees include popular social media journalist Erin Reed, the Texas Newsroom’s Lauren McGaughy, “Journalist of the Year” Steven Romo and many more.

This conference is crucial for the ongoing professional development of LGBTQ journalists, providing a unique opportunity to connect with peers, share experiences and gain insights from others within their community.

For more information, visit NLGJA’s website at www.nlgja.org.

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U.S. Supreme Court

164 members of Congress urge Supreme Court to protect trans rights

GRACE files separate brief in gender affirming care case

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

A group of 164 members of Congress filed an amicus brief on Tuesday urging the U.S. Supreme Court to defend transgender Americans’ access to medically necessary healthcare as the justices prepare to hear oral arguments this fall in U.S. v. Skrmetti.

Lawmakers who issued the 27-page brief include House Democratic Leader Hakeem Jeffries (N.Y.) House Democratic Whip Katherine Clark (Mass.), House Democratic Caucus Chairman Pete Aguilar (Calif.),Ā U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.), and Congressional Equality Caucus Chair U.S. Rep. Mark Pocan (D-Wis.), along with the caucus’s 8 co-chairs and 25 vice-chairs. Ranking members of the powerful House Judiciary and House Ways and Means Committees, U.S. Reps. Jerry Nadler (D-N.Y.) and Frank Pallone Jr. (D-N.J.), were also among the signatories.

The case, among the most closely watched this term, will determine whether Tennessee’s ban on gender-affirming care for minors, along with a similar law passed in Kentucky, violate the Equal Protection Clause of the 14th Amendment.

In their brief, the lawmakers urge the Supreme Court to treat with skepticism “legislation banning safe and effective therapies that comport with the standard of care” and to examine the role of “animosity towards transgender people” in states’ gender affirming care bans.

ā€œDecisions about healthcare belong to patients, their doctors, and their familiesā€”not politicians,ā€ Pocan said. ā€œThe law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists. We strongly urge the Supreme Court to uphold the constitutionā€™s promise of equal protection under the law and strike down Tennesseeā€™s harmful ban.ā€

ā€œFor years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans. Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court uphold laws like Tennesseeā€™s at the heart ofĀ SkrmettiĀ fueled by ignorance and hate,” Markey said.

ā€œTransgender people deserve the same access to healthcare as everyone else,” said Nadler. “There is no constitutionally sound justification to strip from families with transgender children, and their doctors, the decision to seek medical care and give it to politicians sitting in the state capitol. I trust parents, not politicians, to decide what is best for their transgender children.ā€

Pallone warned that if Tennessee’s ban, S.B. 1, is “allowed to stand, it will establish a dangerous precedent that will open the floodgates to further discrimination against transgender Americans.ā€

ā€œUnending attacks from MAGA extremists across the nation are putting trans youth at risk with hateful laws to ban gender-affirming care,” said Merkley author of the Equality Act. “Letā€™s get politiciansā€”who have no expertise in making decisions for patientsā€”out of the exam room.Ā The Court must reject these divisive policies, and Congress must pass the Equality Act to fully realize a more equal and just union for all.ā€

Also filing an amicus brief on Tuesday was the Gender Research Advisory Council + Education (GRACE), a transgender-led nonprofit that wrote, in a press release, “SkrmettiĀ  is critically important to the transgender community because approximately 40% of trans youth live in the 25 states that have enacted such bans.”

The group argued laws like Tennessee’s S.B. 1 are cruel, discriminatory, and contradict “the position of every major medical association that such treatments are safe, effective and medically necessary for adolescents suffering from gender dysphoria.”

GRACE’s brief includes 28 families “who hope to share with the Court that they are responsible, committed parents from a variety of backgrounds who have successfully navigated their adolescentā€™s transition.”

ā€œThese parents sought medical expertise for their children with diligence regarding the best care available and input from experienced physicians and mental health professionals and they have seen firsthand the profound benefits of providing medically appropriate care to their transgender children,” said GRACE Board Member and brief co-author Sean Madden.

Left unchecked, this may start with the transgender community, but it certainly won’t end there,” added GRACE President Alaina Kupec. “Next it could be treatments for HIV or cancer.ā€

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