National
Votes lined up in Senate committee for DOMA repeal
Kohl, Klobuchar voice support for Respect for Marriage Act


Sen. Amy Klobuchar (D-Minn.) has recently voiced support for DOMA repeal (Blade file photo by Michael Key)
New support for legislation that would repeal the Defense of Marriage Act assures that the necessary votes are in place for a favorable Senate committee vote on the measure as advocates maintain hearings should take place first before advancing the bill.
Last week, the Respect for Marriage Act, legislation sponsored by Sen. Dianne Feinstein (D-Calif.) that would repeal the 1996 anti-gay law that prohibits federal recognition of same-sex marriage, gained two additional co-sponsors: Sens. Tom Harkin (D-Iowa) and Herb Kohl (D-Wis.).
Kohl’s support for the legislation is critical because he’s a member of the Senate Judiciary Committee and would have a vote when the roll is called to move the legislation to the floor. Lynn Becker, a Kohl spokesperson, said the senator had previously considered DOMA a state issue.
Meanwhile, Sen. Amy Klobuchar (D-Minn.), another member of the Senate Judiciary Committee, has also said she’d vote for repeal of DOMA in committee, although she’s stopped short of co-sponsoring the legislation. Last month, the Minnesota Independent reported that the senator would back the Respect for Marriage Act.
In a statement provided to the Washington Blade, Klobuchar confirmed that legislation to repeal the Defense of Marriage Act has her support.
“I would vote to repeal this law because I believe same-sex couples and their families should have access to the same basic rights, including hospital visitation and survivor benefits,” Klobuchar said.
The support from Kohl and Klobuchar means that the Respect for Marriage Act has at least 10 votes in the Senate Judiciary Committee — enough to advance the bill to the Senate floor.
The two Democratic members of the Senate Judiciary Committee publicly came on board in support for DOMA repeal after the Courage Campaign, a progressive California-based grassroots organizing network, pushed the lawmakers to articulate their support.
Rick Jacobs, chair of the Courage Campaign, said his organization began eyeing important votes in the committee upon introduction of the Respect for Marriage Act in March.
“It was two situations where we had this idea … to have people tell their stories locally and to make sure … that these legislators heard that they all have constituents, supporters and donors who are affected by DOMA,” Jacobs said.
In Minnesota, Jacobs said the Courage Campaign circulated an online petition to encourage Klobuchar to voice support for the Respect for Marriage Act. After the initiative, the Minnesota senator said she’d support the legislation.
“We published a blog post on our Prop 8 Trial Tracker asking about her,” Jacobs said. “That got picked up by the Minnesota Independent, and together with folks in state, there was a little pressure put on, and within about a day, as I recall, a state senator had gotten confirmation that she would repeal of DOMA.”
Similarly for Kohl, Courage Campaign launched an online campaign to encourage his support for DOMA repeal. According to the organization, more than 1,000 people wrote to Kohl urging him to back the Respect for Marriage Act.
“We contacted our members in his state — we’ve got 7,000 — and they contacted him,” Jacobs said. “They gave us some really terrific stories and, again, last week, his state director contacted the local equality organization that we’re working with to confirm, to say, ‘Yes. yes, yes, we are going to be on board.'”
Despite having the votes in the Senate Judiciary Committee, imminent plans that exist for the Respect for Marriage Act in the panel are unclear. Erica Chabot, a Senate Judiciary Committee spokesperson, said she was unable to communicate with Chair Patrick Leahy (D-Vt.) during the congressional recess about his plans.
Advocates working to advance the legislation say hearings should take place before the bill is sent to the Senate floor to follow regular order and build additional support.
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said “a tremendous amount of work” is needed before the Senate is ready to pass DOMA repeal.
“We are working with Chairman Leahy and other leaders to build support for the bill and we believe a hearing is a good first step to start that education process before decisions are made on tactics for passage,” Cole-Schwartz said.
Jacobs said he would defer to Feinstein’s judgment on when the time is right to hold a committee vote on the Respect for Marriage Act.
“I would defer to Sen. Feinstein, and I say that because I really do trust her on this issue,” Jacobs said. “She looked me in the eye in February — and I’ll never forget this — and she said, ‘I want to repeal DOMA.'”
Still, Jacobs maintained supporters of DOMA repeal “don’t have to sit still for two years” and said congressional testimony would be a big step because pro-repeal hearings have never taken place in the Senate.
Brian Weiss, a Feinstein spokesperson, deferred to earlier comments the senator made during a news conference in March upon introduction of the legislation where she articulated a sentiment similar to HRC’s.
Feinstein predicted that hearings would be held in the Senate Judiciary Committee, followed by a successful vote to report the bill to the floor.
“We use the regular order as much as we can and we can use it the entire way so that the hearings are held and no one can say we pushed anything through, so that everybody has a chance to express themselves,” Feinstein said.
Even if the bill is reported to the Senate floor, significant hurdles remain in passing the legislation. Ending a filibuster in the Senate requires 60 votes, so at least seven Republicans would have to vote in favor of ending debate on the measure. The Respect for Marriage Act as of Tuesday had no GOP support.
Further, the legislation is unlikely to see a vote in the GOP-controlled House, where U.S. House Speaker John Boehner (R-Ohio) has directed the House general counsel to litigate on behalf of DOMA in court.
To facilitate more support for DOMA repeal, Jacobs said Courage Campaign intends to have a grassroots volunteers in each state by early May and in each congressional district by the end of June pushing lawmakers to back the Respect for Marriage Act.
“We’re going to organize and organize and organize,” Jacobs said. “I assure you, we will see more senators getting on board.”
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
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