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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

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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