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Feinstein on DOMA repeal: ‘We’re in this for the long march’

Calif. senator says no time set for committee to report out repeal bill

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Sen. Dianne Feinstein (Blade file photo by Michael Key)

Sen. Dianne Feinstein (D-Calif.) maintained on Tuesday that backers of legislation that would repeal the Defense of Marriage Act are in the fight “for the long march” and will continue pushing for the bill’s passage even it doesn’t make it through this Congress.

Feinstein, the sponsor of DOMA repeal legislation known as the Respect for Marriage Act, asserted supporters will continue to press on with the measure at the National Press Club during a news conference intended to highlight the bill and a Senate hearing set to take place Wednesday on the measure.

“I want to assure you that this isn’t a cause which we are going to drop,” Feinstein said. “We are not faint hearts about this. If we don’t succeed this session, we will try again next session. If we don’t succeed next session, we will try again the following session, but, believe me, we will continue this effort until the battle is won.”

Among the 14 senators who voted against DOMA when it came before the Senate in 1996, Feinstein said she opposed the measure at the time because she thought it was “unconstitutional” and continues to believe that to this day about the anti-gay law.

Following the news conference — which was organized by the Courage Campaign, a progressive organization working to build support in the Senate for DOMA repeal — reporters questioned Feinstein about the prospects for passing repeal legislation during the 112th Congress. Observers have said passage of any pro-LGBT bill — including DOMA repeal — wouldn’t happen as long as Republicans remain in control of the House.

Asked whether she thinks DOMA repeal would pass the Republican-controlled House, Feinstein acknowledged passage in that chamber remains a challenge, but reiterated “we’re in this for the long march, not just for the short haul.”

Observing litigation is making its way through the federal courts that could strike down DOMA, Feinstein said she wants legislative repeal of DOMA in addition to having the judiciary rule against the law. Asked whether she had a preference for legislative or judicial action, the California Democrat replied, “I think we should do both, so that we secure the arena forever.”

The necessary 10 votes in the Senate Judiciary Committee are present to report out the legislation to the floor. Each of the Democrats on the committee have signaled — through co-sponsorship or on-the-record comments — they would support the bill. Sen. Patrick Leahy (D-Vt.), chair of the panel, could report out the legislation to the floor, if he so chose, following the hearing on Wednesday.

However, Feinstein said a timeframe hasn’t yet been established for when the legislation would proceed to the floor — or even if it would happen this Congress — as she acknowledged that the votes are present in committee to move forward.

“There’s no timeframe right now and this is — I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know,” Feinstein said.

Feinstein maintained that the purpose of the upcoming hearing would be to demonstrate the hardship that DOMA has on married same-sex couples.

“I think it’s very important that we achieve a level of understanding of what this is — that it’s not affording any special rights,” Feinstein said. “It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits — those kinds of things that are afforded to married couples.”

Under questioning from the Washington Blade, Feinstein also responded to criticism about the scheduled witnesses for the hearing being all white and the lack of representation of bi-national couples at the hearing. Gay activist Dan Choi has spoken out against the selection of the witnesses for being what he called “exclusively white and privileged,” even though the hearing notice indicates the same-sex couples set to testify have suffered economic hardship because of DOMA.

Feinstein said she believes the selection of witnesses accurately represents the issues LGBT couples face under DOMA.

“Every couple has a different story to tell,” Feinstein said. “That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.”

A transcript of the exchange between Feinstein and reporters on DOMA repeal legislation follows:

Reporter: When will the bill before the Senate Judiciary Committee? Is there a timeframe?

Dianne Feinstein: Oh, it’s before the Judiciary Committee. The hearing is tomorrow.

Reporter: But a vote in committee? A markup?

Feinstein: No. There’s no timeframe right now and this is — I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know. I think it’s very important that we achieve a level of understanding of what this is — that it’s not affording any special rights. It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits — those kinds of things that are afforded to married couples.

Reporter: Senator, is there any Republican support from your bill?

Feinstein: Not at this time. I think it’s a hard time because of the Tea Party and the sort of ideological bent right now. But that’s going to change.

Reporter: You said that the president’s opinion on marriage equality — should he come out in favor of it — would certainly be welcome. You’re hoping he endorses repeal. Have you had any talks with the administration on the bill?

Feinstein: No. I haven’t precisely. I was very heartened when the administration came out with their belief that it was unconstitutional, and I think that’s a major step forward. The issue will go to the Supreme Court. That’s one way of the issue being solved and the other way is legislatively.

Reporter: Do you have a preference?

Feinstein: Oh, I think we should do both, so that we secure the arena forever.

Reporter: Do you think you’ll have any trouble getting it through the House?

Feinstein: Right now I think it will, but as I said, we’re in this for the long march, not just for the short haul.

Reporter: Senator, the selection of witnesses for tomorrow’s hearing has come under criticism. There are no racial minorities who will be testifying about how DOMA affects them. Also, there’s no bi-national couples who will be testifying —

Feinstein: I can’t answer that because the chairman usually puts together the witnesses. I think we were asked to submit one couple, is that right? [Feinstein aide: “We submitted a number of selections.]

Reporter: But really quickly, do you think the selection of witnesses accurately represents how DOMA impacts same-sex couples.

Feinstein: Yes. I mean, every couple has a different story to tell. That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.

Reporter: Senator, how about within the broader Democratic caucus. Do people want this? Is this something that your fellow senators, you sense, want a floor vote on even if it can’t pass in the House?

Feinstein: It would be, of course, ideal to have a floor vote and have it pass. It would not be ideal to have a floor vote and have it fail. I’m not into failure as an option.

Reporter: How did you feel all those years ago when you were one of … 14 [senators who voted against DOMA] and how have things changed since then?

Feinstein: I think eyes have opened. I think more and more people across this land know people who are gay, who want to have a lasting relationship, who look at marriage as an economic agreement as well as an emotional agreement, who want to raise children and do raise children — many of them — children who have no other option. So, it becomes an important social gift, too.

Thank you, bye.

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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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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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