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Gay assemblyman introduces N.Y. marriage bill

Anti-gay group launches attack ads opposing measure

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New York Assemblyman Daniel O’Donnell (D-Manhattan) (photo courtesy of O'Donnell)

New York Assemblyman Daniel O’Donnell (D-Manhattan), the gay brother of TV personality Rosie O’Donnell, introduced a bill this week to legalize same-sex marriage in the state.

O’Donnell’s action appears to have broken ranks with New York’s Democratic governor, Andrew Cuomo, who promised to introduce marriage equality legislation but has hesitated in doing so just weeks before the state legislature is scheduled to adjourn for the year.

Cuomo, a strong backer of same-sex marriage, reportedly has persuaded a coalition of LGBT advocacy groups campaigning for a marriage bill to support his plan to hold off on introducing the bill until enough votes could be lined up to pass it in the Republican-controlled state Senate.

“It is with great pride that I am introducing the Marriage Equality Act,” O’Donnell said in a statement. “Since the Assembly last passed the bill in 2009, there has been an overwhelming groundswell of support for marriage equality across our state.”

The Democratic-controlled Assembly has passed a same-sex marriage bill three times since 2007, and this is the fourth time O’Donnell has emerged as the lead sponsor of the bill. But the bill lost in the Senate in 2009 by an eight-vote margin at a time when Democrats controlled the body. It was the first time the Senate had taken a vote on the measure.

Josh Vlasto, a spokesperson for Cuomo, told the New York Times on Tuesday that the governor remains committed to seeing the bill pass before the legislature adjourns at the end of June.

“The question has never been the Assembly,” Vlasto told the Times. “The question has always been whether there are the votes in the Senate, and that remains the question.”

Vlasto’s comments came at a time when many political observers in the state were hopeful that between four and six Republican senators would join as many as 28 Senate Democrats to secure the bill’s passage. Most observers expect the Assembly to once again approve the bill.

Republicans have a 32-30 majority in the 62-member Senate.

Supporters, led by a coalition of LGBT groups, including the Empire State Pride Agenda (ESPA) and the Human Rights Campaign, have pointed to a recent public opinion poll showing that 58 percent of New Yorkers support the right of gay and lesbian couples to marry.

Advocates for the bill also note that Cuomo, who has a high public approval rating, is aggressively lobbying both Democratic and Republican lawmakers to vote for a marriage equality bill that he says he wants to personally introduce.

“We think the environment is strong,” said ESPA Executive Director Ross Levi. “To have such a popular governor so forcefully behind it, to have the public so solidly on our side at 58 percent, to have the LGBT community and so many strong allies working closely and coordinated together creates a good environment to work on this and achieve victory,” he said.

In a development that was long expected, the anti-gay National Organization for Marriage announced this week it is launching a $500,000 TV ad campaign to defeat the marriage bill. The group has also vowed to spend $1 million to defeat any Republican lawmaker who votes for the bill and to support the re-election of any Democratic legislator who votes no on the bill.

NOM President Brian Brown (Blade file photo by Michael Key)

“It’s become quite clear in recent days in New York that Gov. Cuomo and same-sex marriage advocates are targeting a select number of Democrat state senators, as well as some Republicans, in their desperate attempt to coerce legislators to support their agenda,” said NOM President Brian Brown.

“We want to be sure those courageous Democrats and Republicans who cast their vote of conscience in favor of traditional marriage will have a strong supporter if the radical gay activists come after them in their next election,” Brown said.

Similar to its practice in other states, NOM’s TV ad opposing the bill, which aired on TV stations this week, claims that legalizing same-sex marriage would result in elementary schools teaching children about gay marriage and how it benefits society.

The Human Rights Campaign has responded by launching its own campaign to challenge the NOM ads, saying the group is falsely linking marriage equality to school curricula.

“We’re fighting for loving committed gay and lesbian couples going down to the courthouse to get married, which has absolutely nothing to do with what is taught in schools,” said HRC President Joe Solmonese. “The ad is a piece of fiction,” he said. “School districts determine what is taught in schools.”

NOM’s Brown argues that the “message” it conveys in its TV ads has resonated in all states in which same-sex marriage bills have come before voters in a referendum. He said NOM’s campaign against same-sex marriage also has been successful in states where gay marriage surfaced in legislatures.

“In Maryland and Rhode Island we just won great victories for marriage,” he said. “Our opponents tried to claim that same-sex marriage was inevitable in both states. They were wrong. Once our message got out and legislators heard from their constituents, same-sex marriage was stopped dead,” he said. “We expect the same to happen in New York.”

Levi said the New York coalition working to pass marriage equality legislation has learned from mistakes made by advocates in other states, including Maryland.

The coalition, called New Yorkers United for Marriage, includes ESPA, HRC, Freedom to Marry, and Log Cabin Republicans. It has launched its own TV ads in support of the marriage equality bill in all parts of the state, according to Levi.

He said more than 1,200 LGBT advocates and their allies descended on the state capital in Albany on Monday in an ESPA-led rally in support of the marriage bill. Participants, among other things, visited the offices of senators as Assembly members to urge them to vote for the measure.

HRC, meanwhile, has been releasing a series of videos in the state featuring testimonials in support of the bill by celebrities, including actors Julianne Moore and Sam Waterston and President George W. Bush’s daughter, Barbara Bush. Former President Bill Clinton issued a written statement supporting the bill last week.

New York Rangers star hockey player Sean Avery surprised the sports world by agreeing to appear in one of HRC’s videos expressing strong support for the marriage bill, becoming one of the nation’s first major sports figures to embrace a gay rights issue.

Levi said the timing of introducing a same-sex marriage bill in the New York Legislature isn’t as important as securing the support from the speaker of the Assembly and the majority leader of the Senate, who have full control over which bills come up for a vote. The Assembly speaker has long been supportive of the bill.

Senate Majority Leader Dean Skellos (R-Long Island) has said he would allow the bill to reach the Senate floor for a vote even though Skellos announced he would vote against it.

According to Levi, the November 2010 election in New York resulted in at least two more senators who have publicly committed to voting for the marriage measure. But Levi was cautious about predicting the outcome of a Senate vote, saying he was optimistic that the bill would pass.

“We’re not taking anything for granted and we’re working carefully in both chambers, particularly talking to new legislators about why this issue is important,” he said. “We’re doing that in both the Assembly and the Senate.”

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.” 

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”




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The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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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.

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