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Election results put LGBT advocates back on defense

Baldwin says chances ‘slim’ for ENDA in new Congress

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In the wake of the seismic change brought about by Election Day results on Tuesday, supporters of LGBT rights are making new plans to advance their agenda in Congress as many signature bills now seem out of reach.

On Tuesday, the Republicans swept back into power by winning a majority of seats in the U.S. House and by shrinking the Democratic majority in the Senate.

CNN on Wednesday projected the GOP will take control of the U.S. House in the 112th Congress by winning at least 60 seats in the election — far more than the 39 seats the party needed to take control of the chamber.

House Minority Leader John Boehner (R-Ohio), who was given a score of “0” on the Human Rights Campaign’s most recent congressional scorecard, will likely replace House Speaker Nancy Pelosi (D-Calif.) in that role when Republicans come into power in the next Congress.

Democrats fared better in the Senate and retained control of the chamber. Many U.S. senators credited with being allies of the LGBT community, such as Majority Leader Harry Reid (D-Nev.) and Sen. Michael Bennet (D-Colo.), won re-election in tight races.

Still, Democrats in the Senate are left with a reduced majority and some LGBT allies, such as Sen. Russ Feingold (D-Wis.), were ousted by voters.

The major wins by the GOP raises serious doubts about moving big ticket pro-LGBT legislation — such as the Employment Non-Discrimination Act — in the next Congress.

Tammy Baldwin (D-Wis.), the only out lesbian in Congress, predicted the shift in control of the House will have a “very significant impact” on advancing pro-LGBT legislation.

“What I hope is that the Republican majority that takes over will not revert to its agenda of the last time they were in the majority, which put us frequently on the defense fighting back anti-gay measures,” she said.

Baldwin said the “chances are very slim” that ENDA or legislation providing partner benefits to federal workers would pass.

“I have seen no great signs that the Republicans who have been re-elected have changed their previous stances, and I certainly don’t feel like the new crop of candidates coming in are champions of gay rights,” she said.

Still, LGBT advocates say they see a path forward for advancing certain rights even with the challenge of Republican control of the House and reduced Democratic majorities in the Senate.

Fred Sainz, HRC’s vice president of communications, said the loss of the House will “certainly impede, but not entirely stop” his organization’s pursuit of LGBT rights through legislation.

Among the items that Sainz identified as having a chance for passing are legislation eliminating the tax penalty on employer-provided health benefits to same-sex partners. Sainz also said he sees a way forward for the Domestic Partner Benefits & Obligations Act.

“There could be space to pass something like a domestic partnership taxation bill, or even a [Domestic Partner Benefits & Obligations Act] bill,” Sainz said. “So, in terms of the federal legislative front, I think that that’s probably the best assessment at this point.”

Winnie Stachelberg, senior vice president for external affairs at the Center for American Progress, also said she sees room for the passage of tax equality legislation or a bill to extend partner benefits to federal workers.

“I think if you take a look at some of the issues around equality in benefits, equality in tax treatment — those are issues that I would make investments in and talk about when it comes to Congress,” she said.

Even though Democrats will be in the minority in the House, Sainz said HRC expects lawmakers to introduce major pro-LGBT legislation, such as ENDA and a bill that would repeal the Defense of Marriage Act.

Supporters of LGBT rights are also preparing for the possibility of anti-gay measures. Sainz said he expected “targeted attacks” with anti-LGBT bills and amendments in the Republican-controlled House.

“We will work to stop the legislative rollback at every turn,” Sainz said.

Which anti-gay measures might the House pursue? Sainz said he wouldn’t rule out the possibility of a federal constitutional amendment banning same-sex marriage.

“At the highest of levels, we may very well see another Federal Marriage Amendment,” Sainz said. “At probably the more opportunistic level, we may see things inserted into bills as amendments that may be harder to spot.”

Baldwin said LGBT advocates “need to be vigilant” and prepare for any number of anti-gay initiatives that might emerge from the House. Still, Baldwin said she thinks the passage of a Federal Marriage Amendment in the 112th Congress would be “unlikely.”

“I think that is unlikely simply because we still have the super majority requirements in the U.S. Senate, but it may come up, we will have to see,” she said.

Stachelberg said the Republican pledge to repeal the health care reform law should also be seen as an anti-gay initiative. Among other things, the law prohibits insurance companies from discriminating based on HIV status.

“Our community needs to be as vocal as any in beating back those efforts to repeal the health care bill,” Stachelberg said. “It would be devastating to our community.”

The Republican takeover of Congress has also augmented the sense of urgency around finishing legislative work on repealing “Don’t Ask, Don’t Tell” this year while Democrats control Congress.

Alex Nicholson, executive director of Servicemembers United, said the results on Election Day “underscore the urgent need” to wrap up efforts on repealing the military’s gay ban. A repeal measure is included as part of major defense budget legislation currently pending before the Senate.

“It would be a huge blow, not only to ‘Don’t Ask, Don’t Tell’ repeal advocates but also to defense contractors and military families, if we don’t get an authorization bill by the end of the year,” Nicholson said.

Nicholson said an “abdication” of the authorization of funds for new defense expenditures and personnel measures would be “unthinkable.”

“This Congress should not want to end its term with that enormous failure on its shoulders,” Nicholson said.

Baldwin also emphasized the importance of the lame duck session in moving forward with “Don’t Ask, Don’t Tell” repeal — although she characterized the Senate’s chances of passing repeal as only “possible.”

“My hope is that since the lame duck will occur with the hold over incumbents, that they can work their way through a filibuster or avoid a filibuster and resolve to pass legislation that would repeal ‘Don’t Ask, Don’t Tell,’” she said.

Many see passage of “Don’t Ask, Don’t Tell” in the lame duck session of Congress before Republicans take control as a challenge. One Democratic aide, who spoke on the condition of anonymity, said a lot has to come into alignment for the Senate to pass such legislation.

“The political climate during the lame duck session will be toxic,” the aide said. “Passage of the defense bill will require all the stars aligning. And it will be impossible to pass this bill without the active support and pressure from President Obama and Defense Secretary Robert Gates.”

With pro-LGBT initiatives possibly tied up for at least the next two years, many advocates are looking more closely at the Obama administration to make changes.

Stachelberg said the LGBT community needs to consider “a range” of ways to address inequality, including non-congressional action.

“Congress is part of that, for sure, but it would be terribly short-sighted if we didn’t invest in efforts to … build on the success that this administration has begun to develop with respect to the executive branch,” she said.

Among the administrative changes that Stachelberg said could be explored are regulatory changes, data collection, non-discrimination policies and funding streams.

Sainz said HRC would continue to push for non-legislative changes from the Obama administration.

“Where federal policy changes are concerned, we believe that non-legislative policy changes will become our continued avenue for progress at the federal level,” Sainz said. “That’s where we’re going to put an awful lot of resources over the next few years.”

According to an HRC document provided by Sainz, among the policy changes the organization is seeking from the administration is LGBT inclusion in health care reform implementation.

Specifically, HRC wants the Department of Health & Human Services to ensure that:

• health disparity and data collection efforts include sexual orientation and gender identity;

• state health insurance exchanges provide coverage available to same-sex partners and their children;

• and benefits packages that insurance plans offer don’t exclude treatments for gender transition.

Another policy change that HRC is seeking is ensuring that LGBT families are included in federal disaster relief.

According to HRC, LGBT families affected by Hurricane Katrina in 2005 were excluded from government services and subjected to anti-gay harassment in shelter facilities. HRC also asserts same-sex couples had difficulty obtaining housing or relief payments.

Consequently, HRC is urging urged the Department of Homeland Security and the Federal Emergency Management Agency to adopt policies barring discrimination against LGBT people and to ensure that their families can receive household aid.

Editor’s note: Tammy Baldwin photo is a Blade file photo by Michael Key

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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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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.

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