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EXCLUSIVE: Elizabeth Warren pledges to lead on LGBT rights

Senate hopeful calls on Obama to endorse marriage equality

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Elizabeth Warren at Women In Finance symposium (photo public domain)

Elizabeth Warren, who is running to unseat U.S. Sen. Scott Brown (R-Mass.), pledged to support a series of pro-LGBT initiatives and called on President Obama to endorse marriage equality in an exclusive interview with the Washington Blade on Tuesday.

Warren endorsed the idea of an executive order from President Obama that would require companies doing business with the U.S. government to have LGBT-inclusive non-discrimination policies for their workers.

“Any steps that the president can take toward non-discrimination benefit the whole country,” Warren said. “I don’t know how else to say it. It’s the right thing to do.”

The measure is sometimes referred to as the ā€œENDAā€ executive order because its effect would be similar to the Employment Non-Discrimination Act, but limited to federal contractors. The White House hasn’t said whether it will issue the directive.

Warren called on President Obama toĀ complete his now 17-month-old “evolution” and endorse marriage equality. She also said she supports the call for a marriage equality plank in the Democratic Party platform this September.

Asked whether she wants Obama to finish evolving and support same-sex marriage, Warren chuckled and responded that was indeed her view.

“I want to see the president evolve because I believe that is right; marriage equality is morally right,” Warren said.

Warren expressed similar sentiments about the Democratic Party platform, saying it would build support for ending the anti-gay Defense of Marriage Act.

“I’d be glad to see it included in the Democratic platform,” she said. “It helps raise awareness of the impact of DOMA and it helps build support to repeal it.”

The platform committee is set to discuss language for the Democratic Party platform when it gathers for the Democratic National Convention Sept. 3 in Charlotte, N.C.

Warren, an expert on the American economy and personal finance, gained notoriety after she chaired the congressional oversight panel for the 2008 bank bailout program.Ā She led the establishment of the Consumer Financial Protection Bureau that was set up by the 2010 Wall Street reform bill, and was a favorite among progressives to head the organization before she launched her Senate bid and Richard Courdray was recess appointed to the role.

Tico Almeida, president of Freedom to Work and among the chief advocates of the ENDA executive order, said “it makes perfect sense” for Warren to come out for the measure because it would ensure taxpayer money won’t go to work environments hostile to LGBT people

“I hope Ms. Warren will telephone President Obama and urge him to pick up his pen and sign the ā€˜ENDA Executive Orderā€™ that his Justice and Labor departments have drafted and delivered to the White House for his signature,” Almeida said.

Evan Wolfson, president and founder of Freedom to Marry, also praised Warren for supporting the initiatives related to same-sex marriage and called on Obama and the Democratic Party to come into alignment with her views.

“We welcome Elizabeth Warren alongside the many other leaders, and the signers of our online petition, as we urge President Obama and the Democratic Party to stand with Presidents Clinton and Carter in the growing nationwide majority for marriage,” Wolfson said.

Warren, who’s already expressed support for DOMA repeal, also said during the interview that she would take a leadership role in efforts to repeal the 1996 anti-gay law if elected to the Senate.

“I think that DOMA is a terrible statute,” Warren said. “For forever, the federal government has permitted the states to define marriage, and now the federal government steps in and says, ‘Yeah, the states get to do it for most families, but not those families because we don’t like them.'”

If elected to the Senate, Warren would represent a state where more than 13,000 same-sex couples have been legally married. She said DOMA, which prohibits federal recognition of these unions, is “institutionalized discrimination.”

“Being a senator from Massachusetts, it’s possible not just to be a vote in the right direction, it’s possible to provide leadership,” Warren said. “I think that starts by calling out the statute on how wrong it is morally and counter to our basic legal foundation.”

Warren noted that DOMA means a same-sex couple married in Massachusetts won’t have access to federal benefits and that those with grown children, in some instances, can’t visit grandchildren in another state “without being treated during the visit as having a different marital status.”

“I think there’s already legislation pending, but it’s got to have some energy behind it and that means you’ve got to be willing to go out and talk about it ā€” not only here in Massachusetts but around the country on national television to get out and make that case,” Warren said.

Warren conducted the interview with the Blade via phone after she visited Fenway Health, a Boston-based organization that provides health services to the LGBT community and conducts research and advocacy for LGBT health.

She called the work at Fenway Health “extraordinary” because the institute provides both health services and engages in research.

“What they see on the clinical side informs what they’re doing on the research side,” Warren said. “So they get ideas and they’re able to test them, and the two move back and forth. As a result, we have improvement in both health outcomes for those who go to the center. At the same time, developments in research help support advances in health care and other services for LGBT [people] around the country.”

Warren said the visit she paid to the institute was a reminder that community health centers are integral to providing health services. The health care reform measure President Obama signed into law in 2010 makes grants available to such institutions.

“Community health centers are very much supported by the Affordable Care Act,” Warren said. “Republicans have declared war on it ā€” Scott Brown, my Republican opponent, and the Republican presidential candidates have said they will repeal the Affordable Care Act. That would be devastating to community health centers, not just Fenway, but community centers across the country.”

In September, the Department of Health & Human ServicesĀ awarded the institute $248,000Ā to help create a national training and technical assistance center aimed at helping community health centers improve the health of LGBT populations.

Warren is running against Brown ā€” a Republican senator representing a “blue” state. Brown won praise from LGBT advocates for voting in favor of “Don’t Ask, Don’t Tell” repeal in 2010, but that was only after he twice voted against defense legislation that included repeal language.

Warren said Brown’s vote on “Don’t Ask, Don’t Tell” repeal was “a good vote” and that he should be commended for it, but added she’d step up the LGBT advocacy if elected to the Senate.

“I’ll be there on every vote,” Warren said. “I’ll be there not just to provide a vote, but leadership, and I think that’s what the LGBT community really needs.”

Warren praised Rep. Tammy Baldwin (D-Wisc.), who’s running for the open seat in Wisconsin in a bid that could make her the country’s first openly gay U.S. senator.

The two have set up a joint fundraising group called the Massachusetts-Wisconsin Victory Fund, which thus far has raisedĀ $171,250, and have appeared together in a joint fundraiser in Philadelphia hosted by donorĀ Peter Buttenwieser.

“I was delighted to do the event with Tammy,” Warren said. “We actually did a second [event] together. We were out in San Francisco with other women senators and women challengers. And I hope we’ll have more opportunities to do that. I’d really love to see Tammy get elected. I worked with Tammy before, so I’m a big fan.”

Warren criticized the Republican presidential candidates for their anti-gay views. Each of the GOP hopefuls who’ve won any states ā€” Mitt Romney, Rick Santorum and Newt Gingrich ā€” backs a U.S. constitutional amendment that would ban same-sex marriage throughout the country and rescind it in states like Massachusetts.

“I think their position is wrong,” Warren said. “They have a vision of America that does not represent who we are as a people and the kind of country we want to build.”

Over the course of her campaign, Warren said she’s spoken with LGBT organizations about a variety of subjects including LGBT rights, although she couldn’t immediately identify any of the groups. Earlier this month, the Human Rights Campaign endorsed her candidacy.

“We talked about health care issues, we’ve talked about economic issues, we’ve talked about justice issues ā€” particularly on DOMA and marriage equality,” Warren said. “We’ve also had conversations that range into other areas about art, about education, about the importance of anti-bullying programs.”

 

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, ā€œIt is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district courtā€™s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.ā€

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks itā€™s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ā€˜mutilationā€™ and ā€˜an abominationā€™ and have called the providers of this care ā€˜evil,ā€™” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.ā€ 

ā€œTransgender adults donā€™t need state officials looking over their shoulders, and families of transgender youth donā€™t need the government dictating how to raise their children,ā€ said Shannon Minter, legal director of NCLR. ā€œThe district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.ā€ 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, ā€œThe state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, ā€œThe defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 ā€œNot only does this dangerous law take away parentsā€™ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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State Department

LGBTQ rights abroad not discussed during Marco Rubio confirmation hearing

Senate expected to confirm Fla. Republican as next secretary of state

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

U.S. Sen. Marco Rubio (R-Fla.) on Wednesday did not speak about LGBTQ rights abroad during his confirmation hearing to become the next secretary of state.

The Florida Republican in his opening statement to the Senate Foreign Affairs Committee noted President-elect Donald Trump “returns to office with an unmistakable mandate from the voters.”

“They want a strong America, a strong America engaged in the world, but guided by a clear objective to promote peace abroad and security and prosperity here at home,” said Rubio.

“The direction he has given for the conduct of our foreign policy is clear,” he added. “Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?”

Trump nominated Rubio a week after Vice President Kamala Harris conceded she lost the presidential election.

Rubio in 2022Ā defendedĀ Florida’s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

LGBTQ rights a cornerstone of Biden-Harris administration’s foreign policy

President Joe Biden in February 2021Ā signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy. A few months later he named Jessica Stern, the former executive director of Outright International, a global advocacy group, as special U.S. envoy for the promotion of LGBTQ and intersex rights abroad.

Ned Price, who was the State Departmentā€™s first openly gay spokesperson, during a May 2021 interview with the Washington Blade noted the decriminalization of consensual same-sex sexual relations was one of the administrationā€™s priorities in its efforts to promote LGBTQ rights abroad.

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell, who has been tapped as special missions envoy, to lead an initiative that encouraged countries to decriminalize homosexuality. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Stern in 2022 noted the Biden-Harris administration also supported marriage equality efforts in countries where activists said they were possible through legislation or the judicial process.

Brittney Griner in December 2022 returned to the U.S. after Russia released her in exchange for a convicted arms dealer. The lesbian WNBA star had been serving a nine-year prison sentence in a penal colony after a court earlier that year convicted her on the importation of illegal drugs after Russian customs officials found vape canisters containing cannabis oil in her luggage at Moscowā€™s Sheremetyevo Airport.

The State Department in 2022 began to issue passports with an ā€œXā€ gender marker.

The Biden-Harris administration in response to the signing of Ugandaā€™s Anti-Homosexuality Act sanctioned officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free the U.S. Harris during a 2023 press conference with then-Ghanaian President Nana Akufo-Addo in Accra, the Ghanaian capital, spoke about LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank, in 2022 became the first openly lesbian woman ambassador. David Pressman, the outgoing U.S. ambassador to Hungary, and Scott Miller, the outgoing U.S. ambassador to Switzerland and Liechtenstein, are two of the other American ambassadors who Biden nominated that are gay.

Outgoing Secretary of State Antony Blinken in 2021 appointed former U.S. Ambassador to Malta Gina Abercrombie-Winstanley as the State Department’s first chief diversity and inclusion officer.

U.S. Sen. Jim Risch (R-Idaho), who chairs the Senate Foreign Affairs Committee, criticized the State Department’s DEI efforts during Rubio’s confirmation hearing.

“The Biden administration often undercut effective foreign policy by inserting ideological and political requirements into the fabric of personnel decisions and policy execution,” said Risch.

“Rather than making hires or promotions based on merit and effectiveness, the department created new diversity, equity, inclusion, and accessibility (DEIA) requirements that distracted from this mission, undermined morale, and created an unfair and opaque process for promotions and performance evaluations,” he added. “Fealty to progressive politics became the benchmark for success. As we look around the United States that view is diminishing very quickly amongst even large progressive cooperations.”

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