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Immigration bill includes pro-gay language

LGBT immigration group seeks expansion of prosecutorial authority outlined in memo

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New efforts emerged this week to address the inequity in U.S. immigration law preventing bi-national same-sex couples from staying together in the United States, although hurdles remain for each of the initiatives.

An LGBT immigration group called on the Obama administration to broaden a recent memo indicating when immigration officials can exercise discretion in deportation cases to include protections for gay bi-national couples. Meanwhile, comprehensive immigration reform legislation has been introduced in the Senate that includes a provision enabling gay Americans to sponsor their foreign same-sex partners for residency in the United States.

Under current immigration code, straight Americans can sponsor their spouses for residency in the United States through the green card application process if their spouses are foreign nationals. The same rights aren’t available to gay Americans. Consequently, foreign nationals who are in committed relationships with gay Americans may have to leave the country upon expiration of their temporary visas or face deportation.

On Monday, Immigration Equality called on U.S. Immigration & Customs Enforcement to clarify that the definition of ‘family’ and ‘spouse’ used in a June 17 memo to immigration officials include specifically bi-national same-sex couples.

The memo outlines cases in which immigration officials can exercise prosecutorial authority to include considerations such as an agency’s civil immigration enforcement priorities and whether a potential deportee is pursuing higher education or has served in the U.S. military.

However, the guidance makes no explicit mention of gay couples. It states that those with “family relationships” in the United States, or individuals with a “U.S. citizen or permanent resident spouse” may be considered for discretion, but doesn’t spell out whether those terms are inclusive of same-sex couples.

Rachel Tiven, Immigration Equality’s executive director, said an explicit mention of same-sex bi-national couples is necessary to ensure they can receive protections under the prosecutorial authority available to immigration officials.

“Given the absence of any LGBT family recognition at the federal level, the decision not to explicitly include our spouses and partners in the ICE memo is striking,” Tiven said. “If the administration does support efforts to keep LGBT families together, it should tell its field offices as much. If it does not, it must explain why. In the interim, families are being torn apart and American citizens are being separated from their spouses. There is simply no government interest served in such draconian enforcement of our immigration laws.”

The request to expand the memo comes on the heels of letters that U.S. senators and members of Congress sent to the Obama administration asking for a moratorium on the deportations of foreign nationals who are legally recognized same-sex marriage with U.S. citizens and would be eligible for marriage-based green cards if not for the Defense of Marriage Act.

Even though President Obama announced in February that DOMA is unconstitutional, the administration has said in the response to these requests it would continue to enforce DOMA.

Gillian Christensen, an Immigration & Customs Enforcement spokesperson, similarly said her agency would continue to enforce DOMA in response to the most recent request from Immigration Equality.

“Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including [the Department of Homeland & Security], will continue to enforce it unless and until Congress repeals it or there a final judicial determination that it is unconstitutional,” Christensen said.

Christopher Nugent, who’s gay and co-chair of the American Bar Association’s rights of immigrants committee, was skeptical that Immigration & Customs Enforcement would make the change in accordance with Immigration Equality’s request.

“I am optimistic by nature but doubtful of such change with … with all the political battles going on here and with the economic woes,” Nugent said.

A new path has also been opened to address the hardships faced by bi-national same-sex couples through legislative means. On Wednesday, Sen. Bob Menendez (D-N.J.) introduced comprehensive immigration reform legislation that includes a family reunification provision for gay couples.

Menendez’ legislation, which seeks to enhance border security and offers a path to citizenship for the estimated 11 million undocumented immigrants in the United States, contains language similar to standalone legislation known as the Uniting American Families Act, which would enable gay Americans to sponsor their same-sex partners for residency in the United States.

Late last year, Menendez introduced similar comprehensive legislation that also included a UAFA-like provision. The legislation also contains language similar to the DREAM Act, which would offer young, undocumented immigrants a path to citizenship if they obtain a college education or enlist in the U.S. military.

In a statement, Menendez said the legislation is a signal that lawmakers are “serious about fixing our broken immigration system.”

“We stand for a complete solution — a real solution — to end undocumented immigration and restore the rule of law,” Menendez said. “This is common-sense legislation that addresses the realities of the situation, stops the flow across our borders, and contributes to our economic recovery.”

Tiven said Immigration Equality stands behind Menendez and is “ready, willing and able to rally the LGBT community, and our families and allies” in the effort to pass his comprehensive immigration reform legislation this year.

“Today’s bill is supported by the top Democratic lawmakers in the Senate, including the chairmen of the Senate Judiciary Committee and the Immigration, Refugees and Border Security Subcommittee,” Tiven said. “We stand with them, and our allies in the LGBT and immigrant communities, in supporting reform that honors all families and offers an inclusive vision of America.”

Original co-sponsors for the legislation include Senate Majority Leader Harry Reid (D-Nev), Assistant Majority Leader Richard Durbin (D-Ill.), Sen. John Kerry (D-Mass.), Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) and Sen. Chuck Schumer (D-N.Y.). The legislation has no Republican co-sponsors.

The chances of passing comprehensive immigration reform legislation would be challenging with Republicans in control of the House in the 112th Congress. However, the legislation may see movement — or at least a committee hearing — in the Democratic Senate.

During a news conference on Wednesday, Leahy, whose committee has jurisdiction over the bill, pledged to hold hearings on the legislation, but said the focus now is to introduce legislation to encourage discussion among other senators.

“We’ll see it when we get up enough support, it looks like the best time, we’ll start having these hearings and we will report,” Leahy said.

The White House expressed support for comprehensive immigration reform, but hasn’t articulated support for a UAFA-like provision as a component of the bill.

Shin Inouye, a White House spokesperson, said via e-mail President Obama backs the passage of comprehensive immigration reform in response to an inquiry on the bill, but made no mention of the provision for same-sex couples in his statement.

“The president has spoken clearly about the need to fix the broken immigration system so that it meets America’s economic and security needs for the 21st century,” Inouye said. “We welcome Sen. Menendez’s leadership on this economic imperative, as well as any constructive effort to reach the bipartisan consensus necessary to pass a legislative solution in Congress at the earliest possible opportunity.”

Inouye didn’t respond to a subsequent request to comment on whether the president supports the UAFA-like provision in the legislation. The White House has spoken out against the separation of bi-national same-sex couples, but hasn’t explicitly endorsed any legislation to achieve that end.

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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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