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Illinois Civil Unions go into effect today

Law that guarantees same-sex couples in Illinois 648 benefits and privileges of opposite-sex unions goes into effect today; lines at County Clerk’s office in Chicago out into the street.

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Illinois

Bernard Cherkasov, the C.E.O. of Equality Illinois, is beaming with pride today.

“It’s a fantastic day.” Cherkasov told the Blade over the phone from his desk at the Equality Illinois offices in the Lakeview neighborhood of Chicago, “We’re celebrating civil unions [for same-sex couples in the state of Illinois]. There is something special about today. The weather is beautiful and people are just smiling. I woke up this morning, suddenly, with 648 new rights and benefits that i didn’t have yesterday. The phone has been ringing off the hook with people asking ‘is it really here?’ and I say ‘yes, civil unions are now actually law!’”

According to Cherkasov, some of the new rights guaranteed by the law are hospital visitation rights beyond visitor hours, emergency medical decision making powers, inheritance rights and the ability for same-sex parents who give birth to a child to have both parents on the birth certificate.

Advocates in Illinois won over both houses in the legislature during the lame duck session, in the last days the lawmakers were gathered in Springfield before the new year, in order to pass the Civil Unions law authored by openly gay Chicago representative, Greg Harris. Governor Pat Quinn, who won re-election in November, signed the bill into law early this year to the delight of families throughout Illinois.

“The downside for me is that I had to be up at something like five in the morning,” joked long-time gay civil rights activist and lead lobbyist in the push for Civil Unions last year, Rick Garcia.

“But this morning I went to Cook county, they opened the office up early, and they were brilliant at the way they had it all arranged and everything was phenomenal.”

Garcia was stunned at the turnout today for licences. “I walked in at a little before 7:00 A.M. and there was this huge line all the way from the Clerk’s office out to the street. I was completely overwhelmed and started to cry. I’ve been crying since six o’clock this morning!”

Garcia looked on as the first couple was given their license and Cook county Illinois conferred its first official Civil Union.

“I could barely see them through the tears in my eyes.”

Anthony Martinez, Executive Director of Illinois LGBT advocacy group, The Civil Rights Agenda, felt a surge of pride this morning as he witnessed couples being conferred legal Civil Unions for the first time in Illinois.

“I am Absolutely thrilled and excited to be witnessing the amazing amount of support and outpouring from the community for civil unions,” Martinez gushed. “These couples have been waiting for this for years and now they can go apply and get recognized. This drives our work at The Civil Rights Agenda, and we’re so thrilled for all of this.”

Martinez is also aware that challenges to these happy couples are still a major risk to be monitored. Last week, the opponents of the Civil Unions law, led by anti-gay activist Peter LaBarbera of the conservative activist group, Americans for Truth About Homosexuality, called for a voter referendum in the state of Illinois on an Amendment to the Illinois constitution barring recognition of any same-sex partnerships.

“There’s a battle between gay rights and religious freedom,” he told the Chicago Tribune this week. “We want to give Illinois voters the same opportunity other states have had.”

Martinez is doubtful that the group will be able to collect the 300,000 signatures needed to get the referendum on the ballot, but prefers to stay vigilant.

“in terms of what’s next, we take any attack on relationship recognition very seriously, especially with this marriage referendum. Though we don’t believe it will gain traction, we are watching it very closely, and want to make sure any attacks are addressed and that there is a plan and strategy in place to make sure those attacks are defeated.”

He’s also eager to concentrate on celebrating today’s victory.

“Friday we’re going to have sixty couples get committed at a mass civil union ceremony at 5:30 at the Chicago History Museum. Its going to be massive.”

Rick Garcia sees today’s victory as validation for years of hard work.

“One of the things I realized was that was where the rubber hit the road for me. On hot hot days like today in Springfield, you walk around the capital building, and its muggy, but today you see the fruit of your work. People who needed protections and benefits are getting what they deserved today.”

“I’m more thrilled than I thought I would be.”

“This has been a hard spring for us, because there have been six attempts to modify or scrap the civil unions bill. Had it not been for [Illinois LGBT advocacy group] The Civil Rights Agenda and the ACLU, today would have been much different. They stopped every piece of legislation that would attempt to gut this. I’m looking at these couples, together–some for a short time, some for a long time–waiting for this and never expected to see this day, and here it is!”

“That said,” Garcia continued, “separate is not equal. We deserve one set of rules; one yard stick for everyone. We’re going to celebrate for two days, today and tomorrow when ceremonies are allowed to take place for the first time; but the day after we have work to do and that work is equal marriage.”

At the Clerk’s office, Garcia was speaking off camera with several television reporters, one of of which remarked, “Oh my God, Rick you look like the proud father!”

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National

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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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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