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DOMA repeal unlikely to find a single GOP vote in committee

‘Poison pill’ amendments could emerge during panel markup

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

Legislation that would repeal the Defense of Marriage Act is unlikely to win support from a single Republican during an upcoming committee vote on the bill.

On Thursday, the Senate Judiciary Committee is set to begin debate leading to a vote on the Respect for Marriage Act, which would repeal the 1996 law prohibiting federal recognition of same-sex marriage.

Although the committee action on the legislation is set begin on Thursday, the panel will likely hold off on consideration of the bill for another week. Committee rules allow for any member of the panel to hold bills over when they first appear on the executive committee agenda.

Sen. Dianne Feinstein (D-Calif.), the sponsor of the DOMA repeal bill, told the Washington Blade in a brief exchange on Capitol Hill that she expects the committee to postpone action on the Respect for Marriage Act after the panel convenes.

“Everybody has the right to put it over for one week, so it’ll be put over,” Feinstein said.

Members of the committee may read opening statements on Thursday regarding their views on DOMA, but action will likely be postponed.

All 10 Democrats on the 18-member panel are supporters of DOMA repeal, so the legislation should have no trouble moving out of committee. But LGBT advocates are dubious about finding support from any Republicans on the panel.

Of the eight Republican members of the panel, six received a score of “0” in the Human Rights Campaign’s most recent scorecard of federal legislators. Sen. Lindsey Graham (R-S.C.) had a score of 13 out of 100. Another committee member, Sen. Mike Lee (R-Utah), is a newcomer and wasn’t rated during the 111th Congress.

Rick Jacobs, chair of the Courage Campaign, said he isn’t expecting a single Republican vote during the committee consideration of the Respect for Marriage Act.

“I don’t think they will,” Jacobs said. “They should. We welcome them. … This should be non-partisan because it simply restores the status quo ante. For people who are states’ rights advocates, join the party.”

The Courage Campaign, a progressive grassroots organization, has been working to build the number of Senate co-sponsors for the Respect for Marriage Act by circulating petitions among state residents and sending them to senators. The group is currently focused on adding Sens. Jack Reed (D-R.I.) and Bob Casey (D-Pa.) as supporters.

The Blade placed calls to each of the eight Republican members of the committee to inquire about how the senators would vote when the Respect for Marriage Act comes before them. Only the office of Sen. Charles Grassley (R-Iowa), ranking member of the committee, responded immediately.

Beth Levine, a Grassley spokesperson, said the senator “has been very clear how he feels about this bill” and “supports the Defense of Marriage Act.”

During the Senate committee hearing on DOMA in July, Grassley articulated his opposition to lifting DOMA from the books in his opening statement.

“A real bill to restore marriage would restore marriage as it has been known: as between one man and one woman,” Grassley said. “That is the view of marriage that I support. This bill would undermine, not restore marriage, by repealing the Defense of Marriage Act.”

The Respect for Marriage Act wouldn’t compel states to recognize same-sex marriages, but would lift the provision preventing federal benefits and responsibilities from flowing to existing married gay couples throughout the country.

R. Clarke Cooper, executive director of the Log Cabin Republicans, said his organization is communicating with GOP members of the committee in conjunction with Freedom to Marry, but added he couldn’t name any Republican who would vote “yes.”

“We’re still working and communicating with them,” Cooper said. “But I’ll leave it at that.”

In addition to voting against the legislation, Republican opponents of the Respect for Marriage Act may offer amendments to force senators to vote on uncomfortable issues or alter the legislation so supporters would no longer back it.

Such amendments are often called “poison pill” amendments because they serve no purpose other than to disrupt the measure at hand.

Feinstein acknowledged that amendments attempting to derail passage of the Respect for Marriage Act could come up, but expressed skepticism that any would move forward.

“That’s certainly a possibility,” Feinstein said. “I don’t know whether it’s a probability or not — there’ll certainly be amendments. Whether they would be poison pill — I would be doubtful of that. But that’s just me.”

LGBT advocates say they’re awaiting Republican amendments aimed at disrupting passage of the Respect for Marriage Act to come up in committee, but don’t want to speculate on the nature of the measures.

Michael Cole-Schwartz, an HRC spokesperson, said Republicans may want to score points with their conservative base by offering disruptive amendments.

“The interesting thing will be to see to degree to which committee Republicans will want to offer amendments or otherwise make political hay out of this issue,” Cole-Schwartz said.

Even if the bill is advanced out of committee, supporters of the legislation will face a stiff challenge in passing the bill on the Senate floor. In addition to Feinstein, the legislation has 30 co-sponsors — all Democrats — far short of the 60 votes needed to overcome a filibuster on the Senate floor.

The office of Senate Majority Leader Harry Reid (D-Nev.) didn’t immediately respond to the Blade’s request for comment on whether the Democratic leadership would bring the bill up for a vote during the 112th Congress.

Feinstein said she hasn’t engaged in talks with Reid on bringing the Respect for Marriage Act to the Senate floor. Asked whether she had conversations with him about the bill, Feinstein replied, “No. Not at this time. Let’s get it out of committee first.”

The California lawmaker said she doesn’t “necessarily” expect a floor vote on the bill before this Congress adjourns at the end of next year, saying “We’d like to win it.”

Cole-Schwartz said the full Senate “remains a challenge” in passing DOMA repeal, but the committee markup would be effective in building momentum for the legislation.

“There’s a lot more work to be done to gain additional co-sponsors, to educate members on the issue,” he said. “It’s important that we get Republican co-sponsors on the bill before we’re really going to be in a position to win 60 votes on the floor.”

Passage in the U.S. House would be even more difficult. House Speaker John Boehner (R-Ohio) indicated in July he wouldn’t bring the legislation to a vote on the House floor, telling the Blade that DOMA is “the law of the land, and should remain the law of the land.”

An amendment affirming DOMA sponsored by Rep. Virginia Foxx (R-N.C.) passed in July on the House floor by a vote of 248-175.

Despite these challenges, Jacobs said the effort is still worthy and he’s “not going to give up on the idea” the bill could pass this Congress.

“I think it’s really obvious and simple: people didn’t think that ‘Don’t Ask, Don’t Tell’ would move as it did,” Jacobs said. “As a community,  we have to continue to organize with our friends and our allies, and we have this great opportunity with this markup now, and if we keep going we’ll win.”

 

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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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