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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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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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New York

Gay ICE detainee freed after 150 days in detention

Cayman Islands native taken into custody before green card interview

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Allan Marrero, left, and Matthew Marrero (Photo courtesy of Middle Church)

Following nearly half a year in U.S. Immigration and Customs Enforcement detention, Allan Marrero has been released and is back home with his husband in New York.

Marrero spent 150 days in ICE custody, held in multiple detention centers across the U.S. after missing an immigration court hearing while in a rehabilitation program for alcohol addiction — a circumstance widely considered “good cause” for failing to appear.

The Washington Blade first reported on Marrero’s case in March after the Cayman Islands native was detained by ICE officers during what was supposed to be a routine marriage-based green card interview at 26 Federal Plaza in New York City.

Marrero had been married to his husband, Matthew Marrero, for two years at the time of the interview. But almost immediately, the experience turned hostile.

The Rev. Amanda Hambrick Ashcraft, a minister at Middle Church in Manhattan who accompanied the couple to provide spiritual support, later described the process as “dehumanizing” and “barbaric.”

During the interview, it became clear the couple was facing an uphill battle. At one point, when asked how they met, Matthew Marrero instinctively looked over at his husband and was “snapped at” and told not to look at him. As the interview continued, the outlook only grew more grim.

Unaware that he had a prior removal order tied to the missed court date while he was in rehab, Allan Marrero was detained on the spot.

Over the following months, Allan Marrero was transferred through multiple detention facilities, including centers in Arizona and Texas, the Everglades Detention Facility — also known as “Alligator Alcatraz,” which has been described as having “unsanitary inadequate conditions” — and ultimately a detention center in Mississippi.

While in custody, Allan Marrero was denied access to prescription medication and, according to advocates, was psychologically pressured by ICE agents to self-deport rather than remain detained while his legal case proceeded.

Although a judge later reopened his case and granted bond after Allan Marrero provided proof that he had been in rehab — a valid medical reason for missing his court date — ICE used procedural mechanisms to keep him detained. A separate judge later issued a ruling denying relief, leaving Allan Marrero in custody.

On the outside, Matthew Marrero said his life felt as though it had been put on pause so ICE could meet enforcement quotas.

“[It feels like] somebody came in and kidnapped someone close to you and took away all of your control and power,” Matthew Marrero told the Blade on March 7. “You shouldn’t be able to have this much control over somebody’s life, especially if they are trying to do the right thing … You’re not going after criminals, you’re not going after the worst of the worst. You’re trying to fill a quota.”

Alexandra Rizio, Allan Marrero’s attorney with Make the Road New York, a progressive grassroots immigrant-led organization, told the Blade that “there seems to be an underlying element of cruelty baked into not only this administration, but everything.”

“It didn’t have to go down that way,” Rizio continued. “If someone goes in for a green card interview and their marriage interview, and they learn that they have a removal order, what the USCIS officer could have done is say, ‘Look, you have a removal order in your name. You need to go hire an attorney right away to get this taken care of. I can’t adjudicate your green card…’ And if you hire a lawyer, you know, you might be able to get it straightened out. Of course, that’s not what happened. And so ICE, which was in the building, were called and they did arrest Allan.”

The Marreros are scheduled to hold a press conference on Tuesday at Middle Church, where Allan Marrero will speak publicly for the first time about his detention.

For additional information on the press conference please visit middlechurch.org

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