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Votes lined up in Senate committee for DOMA repeal

Kohl, Klobuchar voice support for Respect for Marriage Act

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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.”

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National

213 House members ask Speaker Johnson to condemn anti-trans rhetoric

Letter cites ‘demonizing and dehumanizing’ language

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Rep. Sarah McBride is the first signatory to the letter asking Speaker Johnson to condemn anti-trans rhetoric. (Washington Blade file photo by Michael Key)

The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.

The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.

The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.

It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.

Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.

The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.

The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.

Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.

The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.

“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”

The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf

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EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad

International Human Rights Defense Act also calls for permanent special envoy

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The U.S. Embassy in El Salvador marks Pride in 2023. (Photo courtesy of the U.S. Embassy of El Salvador's Facebook page.)

Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.

A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”

 “LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”

Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.

The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.

The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.

The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.

Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.

The Trump-Vance White House has not named anyone to the position.

Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.

“It is deliberate erasure,” said Stern in August after the State Department released the report.

The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.

“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”

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US bishops ban gender-affirming care at Catholic hospitals

Directive adopted during meeting in Baltimore.

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A 2024 Baltimore Pride participant carries a poster in support of gender-affirming health care. (Washington Blade photo by Michael Key)

The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.

Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.

The Washington Blade obtained a copy of it on Thursday.

“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”

“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.

The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.

The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.

Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.

“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.” 

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