National
2012 could prove landmark year for marriage rights
Will Washington, New Jersey, Maryland legalize gay nuptials?
This could be a landmark year in the marriage equality movement, as several states appear close to enacting marriage rights for gay and lesbian couples.
Advocates are working to legalize marriage rights for gay couples in Washington State, Maryland and New Jersey; efforts are also underway to pursue civil unions in Colorado. Meanwhile, opponents are hoping to repeal same-sex marriage in New Hampshire.
Washington State could be in the strongest position among other states where advocates are undertaking effortsĀ to legalize marriage equality.Ā The legislation was introduced last week by request from Gov. Chris Gregoire (D), who announced her support in a news conference Jan. 4.
“I’m announcing my support for a law that gives our same-sex couples in our state the right to receive a marriage license in Washington ā the same right given to our heterosexual couples,” Gregoire said. “It is time, it’s the right thing to do ā and I will introduce the bill to make it happen.”
The number of co-sponsors for the legislation in the House already exceeds the votes needed for passage there. In the Senate, the legislation has 23 co-sponsors, which is two supporters short of 25 votes needed for passage.
Josh Friedes, marriage equality director for Equal Rights Washington, said he’s “really delighted” with the level of support the legislation has found upon introduction ā especially from two Republican state senators who’ve already signed on in support.
“That was really important because it shows Republicans in Washington State that the moral arc is bending toward support for marriage,” Friedes said.
The Washington State Legislature is meeting only for a 60-day period this year, so if legislation is to make it to Gregoire’s desk, the marriage bills would have to pass by March 8. Per legislative rules, one version of the legislation would have to pass either the House or Senate by Feb. 14. Committee hearings are scheduled Monday.
In Maryland, Gov. Martin O’Malley is set to introduce marriage equality legislation as part of his legislative package for 2012. Last year, the bill legislation passed the Senate, but advocates pulled the bill from the House floor after they determined they didn’t have enough votes for passage.
Lesbian Del. Mary Washington (D-Baltimore City) said chances for passage in the House have “greatly improved”Ā now that O’Malley has made marriage a legislative priority.
“We’ve had the whole summer to talk to people, we’ve got more people involved and I think it will have a better shot,” Washington said.
Washington added that assigning the bill jointly to two panels ā the Health & Government Operations Committee and the Judiciary Committee ā would broaden the number of lawmakers who will hear testimony on marriage.
“I think as more delegates get to see what impact the current exclusion of gays and lesbians from the right to marry is doing for Maryland families, I think they’ll understand that passing civil marriage will be the right thing to do,” Washington said.
As far as timing for the vote, Washington said she thinks the vote on the marriage bill will take place before March ā when it happened last year ā because of the heavy workload lawmakers face this time around.
But Washington State and Maryland will face additional challenges even if the governors in those states sign the marriage legislation into law because residents there could put the measures on the ballot in November through a voter-initiated referendum process.
In Washington State, the signatures needed to bring a measure to referendum is 4 percent of the total votes from the last gubernatorial election, which in terms of absolute numbers would be 120,577 names.Ā In Maryland, aĀ total of just 55,736 signatures is necessary to put a law on the ballot in the upcoming election.
Washington said a referendum on the marriage bill in Maryland is a possibility for which advocates of same-sex marriage must prepare.
“I’m hoping that it doesn’t go to referendum, but if it does, I’m confident the citizens of Maryland will know that it’s time for all families and people to be treated equally under the Maryland Constitution,” Washington said.
Friedes said advocates in Washington State are taking “nothing for granted” after previous losses of same-sex marriage at the ballot and encouraged LGBT families to talk to others there about “why marriage matters.”
“We need to grow the number of people who support marriage equality and make sure that those who do, vote,” Friedes said. “The thing that would hurt us the most is if people become over-confident.”
Another state where advocates are hoping for passage of same-sex marriage is New Jersey, where legislation was introduced last week in both chambers of the legislature. A Senate committee is set to hold a hearing on the legislation Tuesday and the Assembly is expected to have one afterward.
But New Jersey is unlike Washington State or Maryland in that its governor, Republican Chris Christie, campaigned on a promise to veto any such bill that reached his desk.
However, when asked about the marriage bill this month, Christie didn’t reiterate his pledge to veto and made comments suggesting that his tune may have changed on the issue.
“When forced to make a decision, if forced to make a decision on it, I’ll make a decision,” Christie reportedly told NJ.com in Camden, N.J.
Gay Assembly member Reed Gusciora (D-Princeton) said he “wouldn’t rule the governor out” as someone who would sign the marriage bill if it reaches his desk.
“In the last several weeks, he’s visited four out of the six states that have marriage equality: Iowa, New Hampshire, Massachusetts and New York,” Gusciora said. “I don’t think he saw any diminishment in the institution of marriage other than when Newt Gingrich was around.”
Gusciora added he thinks the legislation has a “good shot of passage” in the legislature and the bill should reach Christie’s desk by the end of February.
New Jersey has no voter-initiated referendum process, so if Christie signs or allows the legislation to become law, it’ll stay on the books.
In Colorado, advocates are pressing to push civil unions legislation into law. Last year, the legislation was approved by the Senate, but a House committee voted 6-5 against reporting it out to the floor.
Sarah Warbelow, state legislative director for the Human Rights Campaign, said the legislation will have to go through the Senate once again because the House committee voted to kill the bill last year.
“All indicators suggest had it gotten out of committee, it would have passed on the floor of the House, which is why advocates felt comfortable enough to really push to have it come up again rather than waiting until after elections and then having new legislators in place,” Warbelow said.
Warbelow added Colorado has a longer legislative session that extends until May, so the civil unions bill may not be acted upon as soon as the marriage bills in other jurisdictions.
Advocates are pursuing civil unions in Colorado as opposed to marriage rights because the state constitution has an amendment defining marriage as between one man and one woman.
While progress on relationship recognition could come in those states, there is also the potential for repeal of same-sex marriage in New Hampshire.
Gov. John Lynch (D), who signed marriage equality into law in 2009, has pledged to veto repeal, but the Republican supermajority of the legislature may have enough votes to override his veto.
Warbelow said the legislature is “highly likely” to pass the repeal legislation in the first round, but “all the effort” has been focused on making sure there aren’t enough votes to overturn Lynch’s veto.
The legislature has pushed back the timing for the repeal vote. According to the Eagle Tribune, House Majority Leader D.J. Bettencourt said he won’t bring up the repeal measure until February.
“We must deal with some critical financial and economic-related legislation first, as well as legislative redistricting, prior to any discussion of gay marriage,” Bettencourt was quoted as saying. “It’s critical to keep legislative priorities in their proper order.”
Other bills related to advancing marriage rights for same-sex couples could emerge in Illinois and Rhode Island; both states passed civil unions last year.
Federal Government
Trump-Vance administration removes LGBTQ, HIV resources from government websites
President took similar action shortly after his first inauguration in 2017
The Trump-Vance administration has “eliminated nearly all LGBTQ and HIV focused content and resources” from WhiteHouse.gov and “key federal agency” websites, GLAAD announced in a press release Tuesday.
Prior to President Donald Trump’s inauguration on Monday, GLAAD had catalogued more than 50 links to LGBTQ- and HIV-related content on White House web pages and on websites for the State Department and the Departments of Education, Justice, Defense, Health and Human Services, and Labor, along with other agencies like the U.S. Equal Employment Opportunity Commission.
As of Tuesday, GLAAD specifically found that terms like ālesbian,ā ābisexual,ā āgay,ā ātransgender,ā āsexual orientation,ā āgender identity,ā and “LGBTQ” are “no longer accessible on WhiteHouse.gov,” while “some LGBTQ-specific pages have been taken down from sites for the Centers for Disease Control, Department of State, and more.”
Among the pages that are no longer accessible on WhiteHouse.gov are anĀ equity reportĀ Ā from July 2021, aĀ fact sheet with information on expanding access to HIV prevention and treatment from March 2024, and information about Pride Month.
Among the entries on federal agency websites that are no longer available are 94 entries for “LGBT Rights” that were once published on the State Department’s site and dozens of links to information and resources on “LGBTQI+ Policy” that were once available on the Department of Labor website.
āPresident Trump claims to be a strong proponent of freedom of speech, yet he is clearly committed to censorship of any information containing or related to LGBTQ Americans and issues that we face,” GLAAD President Sarah Kate Ellis said. “Todayās action proves the Trump administrationās goal of making it as difficult as possible for LGBTQ Americans to find federal resources or otherwise see ourselves reflected under his presidency.”
Ellis added, “Sadly for him, our community is more visible than ever; and this pathetic attempt to diminish and remove us will again prove unsuccessful.ā
Shortly after Trump’s first presidential inauguration in 2017, the Trump-Pence administration scrubbed the White House and federal government websites of LGBTQ and HIV related content, provoking backlash from LGBTQ advocates.
National
Metaās policy changes āputting us back in the dark agesā
Expert says rolling back hate speech protections threatens queer youth
LGBTQ advocates have expressed alarm in recent weeks, as Meta has taken steps to undermine protections for queer youth and apparently worked to appease the incoming conservative administration in Washington.
Meta, theĀ parent companyĀ of popular social media and messaging companies Facebook, Instagram, and WhatsApp, is owned by Mark Zuckerberg, who wasĀ once consideredĀ to be an ally of the LGBTQ community.
Two weeks ago, theĀ internetĀ wasĀ afireĀ withĀ discussion of Liv, the now-deleted Instagram profile of a āproud black Queer momma of 2ā AI made by Meta as part ofĀ its AI user dreams.Ā
Then, last week, independent tech journalist Taylor Lorenz revealed that Instagram had beenĀ blocking teensĀ from searching LGBTQ-related content for months.Ā
This comes as no surprise to Celia Fisher, a professor of Psychology and the Marie Ward Doty University Chair in Ethics at Fordham University who has spent her career studying children and adolescent health, especially for marginalized groups like the LGBTQ community.
When speaking to theĀ Washington BladeĀ in November 2024 onĀ TikTok, Fisher remarked that it was increasingly difficult to research the Meta platforms. Fisher and her team have used advertisements on social media to recruit youth for anonymous surveys for studies. āOne of the advantages of social media is that you can reach a national audience,ā she says.
The advertisements are specifically linked to keywords and popular celebrities to reach LGBTQ populations of youth. When she spoke to the Bladeagain this week, she was not surprised to hear that keywords were being blocked from youth. āNow, there is a major barrier to being able to recruit when you are doing online studies.ā
It makes her researchāwhich has looked at the mental health of youth online, HIV prevention strategies, and COVID vaccine barriersāimpossible. āIf Meta prevents researchers from using the platform, then the research canāt be done,ā she said.
The search blocks are not just a threat to the research, they are a threat to youth. āHiding those terms from youth means they canāt see that there is a community out there. Thatās a tremendous loss, especially for transgender youth,ā said Fisher.
Fisher suspects where the restrictions are coming from, not that Zuckerberg has been particularly opaque asĀ he cozies upĀ to the new administration. āI think thereās been a creeping fear on the part of companies not to do anything that might elicit the ire of more conservative politicians,ā she said.
A Meta spokesperson toldĀ LorenzĀ that the restriction was a mistake. āItās important to us that all communities feel safe and welcome on Meta apps, and we do not consider LGBTQ+ terms to be sensitive under our policies,ā said the spokesperson.
Meta backtracked immediately; the next day the companyĀ removed longstandingĀ anti-LGBTQ hate speech policies.
ZuckerbergĀ announcedĀ large changes to the platform via video in which he sported aĀ $900,000 watch. (More thanĀ 1 in 5Ā LGBTQ adults are living in poverty. More thanĀ 1 in 3Ā transgender adults are living in poverty.)
The changes, which eliminate independent fact-checking for a system similar to Xās ācommunity notes,ā have been highly critiqued byĀ journalistsĀ andĀ fact-checking organizations. Many experts see it as aĀ ābowāĀ to Trump.
Zuckerberg also noted that the platform would āremove restrictions on topics like immigration and gender that are out of touch with mainstream discourse.ā HeĀ directly linkedĀ the changes to the recent election.Ā
Those changes happened quickly. That same day GLAAD, an LGBTQ media monitoringĀ non-profit, reported the changes to the hateful conduct policies. Changes include allowances for calling LGBTQ people mentally ill and the removal of prohibitions against the dehumanization of protected groups, among many. Notably, Metaās guidelines include theĀ right-wing transphobic dog whistle ātransgenderism.āĀ
On Jan. 9, reporting fromĀ The Intercept andĀ Platformer on internal training documents revealed the use of even more slurs. TheĀ t-slurĀ against transgender people is now allowed on the sites with no restrictions. Phrases likeāand this is a quoted exampleāāA trans person isnāt a he or she, itās an itā are allowed on the sites with no restrictions.
Notably, the training manuals differentiate between different members of the LGBTQ community. For example, The Intercept found that the phrase āLesbians are so stupidā would be prohibited while ātrans people are mentally illā would not be.
(These training manuals also include permissive use of racist and dehumanizing language for other marginalized groups.)
And then, as a cherry on top, Meta removedĀ DEI programsĀ andĀ deletedĀ the transgender and non-binary Messenger themes, on Jan. 10.
These changes are undeniably bad. Arturo BĆ©jar, a former engineering director at Meta with expertise in online harassment, told theĀ Associated Press,Ā heĀ is horrified by the changes.
āI shudder to think what these changes will mean for our youth, Meta is abdicating their responsibility to safety, and we wonāt know the impact of these changes because Meta refuses to be transparent about the harms teenagers experience, and they go to extraordinary lengths to dilute or stop legislation that could help,ā he said.
Fisher, who has researched the effects of hate speech online on LGBTQ youthsā mental health, agrees that the results will be devastating. āWe had many people who said they observed transgender harassment for others or were actually attacked themselves,ā said Fisher. āThis prevents people from wanting to come out online and to actually engage in those kinds of online communities that might be helpful to them.ā
What is happening also confirms LGBTQ youthsā worst fears. āWeāve found that a major concern is that there would be an increased violation of civil rights and increased violence against LGBTQ individuals,ā she said.
Fisher, a psychologist, sees this as āputting us back into the dark ages of psychiatry and psychology when LGBTQ individuals were seen as having some kind of a mental health problem or disorder.ā
Fisher emphasized: āThis kind of misinformation about mental illness is certainly going to be putting transgender people, especially at even greater risk than they were before.ā
(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)
State Department
Trump executive order bans passports with āXā gender markers
President signed directive hours after he took office
A sweeping executive order that President Donald Trump issued on Monday bans the State Department from issuing passports with āXā gender markers.
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022.
āThe secretaries of State and Homeland Security, and the director of the Office of Personnel Management, shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holderās sex,ā reads Trumpās executive order.
The gender marker is among the provisions contained within Trumpās executive order titled āDefending women from gender ideology extremism and restoring biological truth to the federal government.ā Trump in his inaugural speech said the federal governmentās āofficial policyā is āthere are only two genders, male and female.ā
The Washington Blade will have additional reporting on Trumpās executive orders and their impact on the LGBTQ community.
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