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BREAKING: Senate panel approves DOMA repeal legislation

Committee approves bill on 10-8 party-line vote

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Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) (Washington Blade photo by Michael Key)

A Senate committee took historic action on Thursday against the Defense of Marriage Act by approving legislation that would lift the anti-gay law from the books.

The Senate Judiciary Committee reported the legislation to the floor by a vote of 10-8 along a party-line basis.

The committee vote marks the first-time ever that any component of Congress has voted to repeal DOMA, which prohibits federal recognition of same-sex marriage, since it was first enacted in 1996.

Committee Chair Patrick Leahy (D-Vt.) in his opening statement said legislation to repeal DOMA, which is known as the Respect for Marriage Act, is necessary because “thousands of American families are now being treated unfairly by their federal government.”

“They are shunted aside ā€” singled out from all other marriages recognized by their states,” Leahy said. “This unfairness must end. The Respect for Marriage Act would provide for the equal treatment of all lawful treatment of all lawful marriages in this country by repealing DOMA.”

Sen. Dianne Feinstein (D-Calif.), the sponsor of the legislation, said she thinks DOMA is “discriminatory” and “should be stricken in its entirety from federal law.”

“Marriage is legal preserve of the states,” Feinstein said. “DOMA infringes on this state authority by requiring the federal government to disregard state law and deny more than 1,100 rights benefits to which all other legally married couples are entitled.”

Republicans said they oppose DOMA repeal because they believe it would undermine the definition of marriage as one man, one woman and impose same-sex marriage in states where it isn’t recognized. The GOP committee members also questioned why the panel was taking up the bill when passage of the floor is unlikely and the country is facing other matters such as jobs and the economy.

The Respect for Marriage Act wouldn’t require states to recognize marriage equality. However, the bill would enable federal benefits to continue to flow to same-sex couples if they marry in one jurisdiction and move to another state within the country that doesn’t recognize their union.

Sen. Charles Grassley (R-Iowa), ranking Republican on the committee, said the longstanding definition of marriage as between one man, one woman was one of the reasons he voted against the bill.

“For thousands of years, across all cultures and nations, marriage was exclusively a heterosexual institution,” Grassley said. “Obvious biological realities were a major reason why. Another reason was the universal religious view that marriage was about procreation and child-bearing.”

But Sen. Al Franken (D-Minn.) disputed the argument that marriage has been static for centuries and said Grassley “misstated” the history of the institution.

“Marriage has not existed as a union between one man and one woman for thousands of years in every culture,” Franken said. “In many cultures, men are able to marry many women, and even young girls. For centuries, women were treated as chattle in marriage.”

Franken continued, “Further, if the religious purpose of marriage is for procreation, why would we sanction marriage between an 80-year-old widower and a 80-year-old widow? I just think we need to be accurate when talk about … the history of our institutions.”

Grassley also disputed the notion that marriage is a civil rights issue, drawing a recent column from the New York Times’ Frank Bruni. Among the quotes from the column that Grassley selected was fromĀ Wade Henderson, president of the Leadership Conference on Civil and Human Rights, who was quoted as saying attempts to equate the persecution of gays and blacks is “deeply offensive.”

In a statement, Henderson said he in fact believes marriage is a civil right issue andĀ Grassley mischaracterized his remarks before the committee.

“Sen. Charles Grassley chose to misappropriate and misconstrue statements attributed to me in a news article in order to make an illegitimate case against equality for LGBT Americans,” Henderson said. “He was wrong. Marriage equality is a civil rights issue and I am a supporter of marriage equality.”

LGBT advocates heralded the committee vote and called it one step toward ridding the books of an anti-gay law that has barred married same-sex couples from enjoying the federal benefits of marriage.

Rick Jacobs, chair of the Courage Campaign, said the panel vote marks a milestone in which the Senate for the first time “voted to make gays and lesbians whole people.”

“This truly historic vote today should never have been necessary because this absurd law should never have been on the books,” Jacobs said. “Thanks to Sen. Dianne Feinstein, we have a bill that can move to the Senate floor where fair-minded people who believe in a nation united, not divided, can end federal discrimination against gay and lesbian couples legally married in six states and the District of Columbia.”

Jacobs also criticized committee Republicans for voting in unison against the bill, saying, “Sadly, the Republicans think this is a partisan issue.”

Rea Carey, executive director of National Gay & Lesbian Task Force, was also among those praising the committee for moving forward with the Respect for Marriage Act.

This vote marks an important step toward recognizing our common humanity, and moves us closer to ending a grave injustice against thousands of loving, committed couples who simply want to provide and care for each other as other married couples are allowed to do,” Carey said. “It is shocking and an outrage that, in modern-day America, legally married same-sex couples are being singled out and selectively denied fundamental rights by their own federal government.”

The White House also praised the committee for moving forward DOMA repeal legislation. In July, President Obama endorsed the Respect for Marriage Act, although he previously campaigned on DOMA repeal in 2008.

“President Obama applauds todayā€™s vote by the Senate Judiciary Committee to approve the Respect for Marriage Act, which would provide a legislative repeal of the so-called ‘Defense of Marriage Act,’ said Shin Inouye, a White House spokesperson.

Inouye continued, “The president has long believed that DOMA is discriminatory and has called for its repeal. We should all work towards taking this law off the books. The federal government should not deny gay and lesbian couples the same rights and legal protections afforded to straight couples.”

Whether the bill will come to a vote before the full Senate remains to be seen. In addition to Sen. Dianne Feinstein (D-Calif.), the bill’s sponsor, the bill only has 30 co-sponsors ā€” far short of the 60 votes needed to overcome a Senate filibuster.

A Senate Judiciary Committee spokesperson deferred comment on scheduling to office of Senate Majority Leader Harry Reid (D-Nev.), which didn’t immediately respond to the Washington Blade’s request to comment on the bill.

Ranking Member Charles Grassley (R-Iowa) and Sen. John Cornyn (R-Texas) noted the difficulties of passing DOMA repeal on the Senate floor as a reason why the committee shouldn’t even have taken up the legislation. Cornyn said Democratic leaders would face a revolt in their own caucus if a vote was scheduled because of the political difficulties in passing the bill.

Asked by Cornyn during the markup whether a floor vote on DOMA would happen this Congress, Assistant Majority Leader Dick Durbin (D-Ill.) said he’s uncertain because of the Republicans’ extensive use of filibusters on the Senate floor.

But Durbin said “it would be worth it” to hold a floor vote on DOMA repeal even if the bill only received support from its 30 co-sponsors.

No amendments were offered during the markup to amend DOMA. The Washington Blade obtained three amendments that were set to come up during consideration of the bill, but no committee member introduced them.Ā It’s unlikely Republicans had the votes to adopt any of the amendments as part of the legislation.

Among those in attendance during the Senate committee markup was Rep. Jerrold Nadler (D-N.Y.), the sponsor of the DOMA repeal legislation in the House.

Following the vote, Nadler told the Washington Blade the Senate markup was “another step forward” in moving toward DOMA repeal, but expressed pessimism about a similar vote in the Republican-controlled House.

“This is a subject that the more people get used to it, the better it is, the easier it makes it,” Nadler said. “I don’t believe the Republicans are going to allow a vote in the House anytime soon. We may have to wait for the next election for that, but this will help. It’ll definitely help.”

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedictā€™s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: ā€œFrom the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.ā€

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedictā€™s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

ā€œAs our community continues to grieve and remember Nex, itā€™s clearer than ever that everyone from Oklahomaā€™s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examinerā€™s office failed to deliver justice for Nex Benedict and Nexā€™s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nexā€™s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,ā€ McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; ā€œTodayā€™s news is the latest disappointing development in Nex Benedictā€™s tragic story. The best way to honor Nexā€™s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.ā€

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedictā€™s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month agoĀ calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

ā€œSince Nexā€™s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. Itā€™s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “Itā€™s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nexā€™s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.ā€

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nexā€™s death. Our hearts remain with Nexā€™s family, with Oklahomaā€™s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.ā€

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

ā€œThe full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nexā€™s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. Whatā€™s clear from Nexā€™s death, and from what weā€™ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahomaā€™s kids actively foster the hostile environment that makes students unsafe.

The release of todayā€™s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.ā€

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRCā€™s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedictā€™s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I canā€™t help but feel a sickness around all of it. As a trans person, reading a trans childā€™s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations ā€“ an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

ā€œFrom restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,ā€ said Heng-Lehtinen. ā€œTRANSform the Vote presents a historical moment for us to empower our community ā€” casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.ā€

Finke, Minnesotaā€™s first openly trans lawmaker who wrote the stateā€™s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, weā€™ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia ā€œLiishā€ Kozlowski, who is one of the countryā€™s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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