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Effort to repeal marriage equality fails in N.H.

A tense, sometimes surreal debate

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New Hampshire State House (Washington Blade file photo by Michael Key)

UPDATE: According to sources at national Log Cabin Republicans, the vote split by party in New Hampshire was 119 Republicans voting not to repeal, while 92 Democrats voted against repeal, leaving 13 Democrats not willing to go on the record in favor of preserving same-sex marriage.

An effort to overturn marriage equality in New Hampshire appears to be dead for the year after a Republican-controlled state House of Representatives failed to pass a repeal measure, despite desperate last-minute attempts to make the bill more palatable to moderates by author Rep. David Bates.

In a 211-116 vote, the legislature gave same-sex marriage advocates something to cheer about when, after hours of procedural efforts to keep the bill alive, enough GOP lawmakers voted against the bill to rescind the right to marry from New Hampshire residents.

Several Republicans crossed the aisle to defeat the measure, including Reps. Mike Ball and Jennifer Coffey, who spoke out against the bill last week along with other advocates and Democratic lawmakers at a news conference organized by the marriage equality group Standing Up For New Hampshire Families.

During a long and contentious debate on the bill in which the same amendment was brought back for reconsideration twice, strong statements were made on all sides of the issue.

“God is my judge, this legislative body is not my judge,” Rep. Cameron DeJong proclaimed. “Allow me to have this discussion between my God and me about my decisions.”

Rep. Ball compared the bill to segregation in the South, “Let’s put this dog down, like it deserves to be.”

In a surreal moment during the debate, an amendment to the bill was introduced to also bar marriage between left-handed people. That amendment failed to be considered.

House bill 437, which would have prevented New Hampshire from recognizing any new same-sex marriages and revived the 2007 civil unions law in its place, was introduced last year by GOP Rep. Bates, along with 11 Republican co-sponsors. After the bill lost traction in the House last week, Bates introduced an amendment that would put a nonbinding question on the issue before voters in November, prior to the law’s official repeal date in March 2013, as well as have left intact the 2,000 existing same-sex marriages already recognized by the state, much like California’s post-Proposition 8 law that created, what advocates call 15,000 “limited edition” legally recognized same-sex marriages in that state.

The floor amendment, meant to give the law a better chance of surviving a veto, failed to be adopted after a vote of 162-188, leaving the bill less likely to become law in the long run.

After a failed first vote on returning to civil unions, the legislature voted to divide the combined civil unions-referendum amendment into separate issues, an effort that also failed on a vote of 128 to 222.

During that debate, Rep. David Welch — who at one time opposed same-sex marriage, but is now a vocal opponent of the measure to repeal it on constitutional grounds — called on his colleagues to vote against the amendment containing the call for referendum and for reinstating civil unions. “The legislature has given rights to certain members of our community, and we should not vote to take them away.”

The veteran lawmaker repeatedly called into question the constitutionality of HB 437 throughout the debate.

Also opposing the amendment was Republican Rep. Shawn Jasper, who urged the legislature to drop the bill and send a clean binding referendum to the people, rather than the planned non-binding ballot measure.

He was followed by pro-gay Republican Rep. Jennifer Coffey, who called for an end to the push against committed same-sex couples, saying if a voter opposes same-sex marriage, they’re not obligated to enter into such a marriage.

“This body has set in motion a ping-pong ball with people’s lives,” Coffey told her colleagues.

Countering the call for a ballot initiative, Rep. Steve Murphy (R- Bedford) declared, “The rights of the people are not subject to popular vote.”

Earlier, the initial vote on the civil unions amendment — prior to the multiple votes to reconsider — failed on a vote of 82 to 266.

During the debate of the first civil unions amendment on the floor, Rep. Dan McGuire said he has three lesbians in his life, including his “mother and sister,” but supports the amendment that will end marriage because he supports the “dictionary definition” of marriage, and says that this is an issue of “extreme political correctness.”

Also speaking in favor of the civil unions amendment was Rep. Marilinda Garcia, who argued that allowing couples who have no biological ability to create children would weaken marriage for those that do have that ability.

The bill could still be revived in the overwhelmingly Republican-controlled Senate, where its fate would be in the hands of the handful of moderate Republicans.

New Hampshire Gov. John Lynch repeatedly vowed to veto House bill 437.

Recent polls show that respondents oppose ending same-sex marriage by up to 62 percent, however, no state electorate in the country has yet approved full marriage rights for same-sex couples via the ballot.

Five other states, and the District of Columbia, have extended marriage rights to same-sex couples, including Massachusetts, Connecticut, Iowa, Vermont, and New York. Maryland’s Governor Martin O’Malley signed into law a gender neutral marriage bill that will take effect on January 1, pending the result of a likely November ballot measure. Likewise, Washington Gov. Christine Gregoire signed into law a bill extending marriage rights to same-sex couples going into effect also pending a voter initiative. In addition, the New Jersey legislature passed a same-sex marriage law in February, but will need to override Gov. Chris Christie’s veto by the end of the legislative session in 2014.

New Hampshire became the fifth state in the nation to expand marriage rights to include same-sex couples, the third to do so without being compelled to by a court, and the second to pass through the legislature with a governor’s signature — current Gov. John Lynch — following Maine’s Gov. John Baldacci earlier that year. The marriage law went into effect in early 2010, and thousands of same-sex couples have taken advantage of the rights.

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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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