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Gillibrand leads renewed call to help bi-national couples

13 senators again make request to place marriage-based green cards on hold

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Kirsten Gillibrand, United States Senate, New York, Democratic Party, gay news, Washington Blade
Kirsten Gillibrand, United States Senate, New York, Democratic Party, gay news, Washington Blade

Sen. Kirsten Gillibrand (D-N.Y.) is calling on the Obama administration to take action for bi-national same-sex couples (Washington Blade file photo by Michael Key)

The junior senator from New York is taking up the lead on a renewed call for administrative action to help bi-national same-sex couples in anticipation of a ruling from the Supreme Court on the Defense of Marriage Act.

In a letter sent out Thursday, Sen. Kirsten Gillibrand (D-N.Y.) and other U.S. senators call on the Department of Homeland Security and the Justice Department to take action to ensure that married bi-national same-sex couples won’t face separation before justices make a final determination in case of Windsor v. United States before the end of June.

Senators ask Secretary of Homeland Security Janet Napolitano to hold the marriage-based green card petitions for bi-national same-sex couples in abeyance until the court makes its ruling on DOMA. Additionally, they ask Attorney General Eric Holder to institute a moratorium on orders of removal issued by immigration courts to married foreign nationals who would otherwise be able to adjust their status if not for DOMA.

“By taking these interim steps, vulnerable families affected by DOMA can remain together until the Supreme Court issues its decision,” the senators wrote. “Preserving family unity is a fundamental American value and is the cornerstone of our nation’s immigration law.”

Unlike straight Americans, gay Americans are unable to sponsor a foreign same-sex spouse for residency in the United States because DOMA prohibits federal recognition of same-sex marriage. As a result, these couples could be faced with separation — or even deportation if the foreign nationals in these relationships lose their immigration status. Stand alone legislation that would address this issue is known as the Uniting American Families Act.

Besides Gillibrand, other signers of the letter are Sens. Ron Wyden (D-Ore.), Barbara Boxer (D-Calif.), Chris Coons (D-Del.), Barbara Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Frank Lautenberg (D-N.J.), Al Franken (D-Minn.), Jeanne Shaheen (D-N.H.), Jeff Merkley (D-Ore.) and Patty Murray (D-Wash.). A total of 13 names are on the request.

Senators have made repeated requests of the Obama administration on the issue — in addition to the letters from House lawmakers and one most recently from 54 LGBT and immigrant advocacy groups. It’s the third such letter signed by a group of senators — not counting one written by Blumenthal and on behalf a lesbian couple in his state and another written by Sen. John Kerry (D-Mass.) on behalf of another couple in another situation.

Several senators who’ve previously signed these letters have not penned their name to the most current one. Absent is Kerry — who had previously been leading these efforts for the letters, but has recently been nominated as secretary of state — as well as Sens. Patrick Leahy (D-Vt.), Sherrod Brown (D-Ohio), and Charles Schumer (D-N.Y.). Gillibrand’s office didn’t immediately respond to a request to comment on why these names were absent.

Other absent names are former Sen. Daniel Akaka of Hawaii, who signed before his retirement from the Senate early this year, and the late Sen. Daniel Inouye.

But each time in response to these letters, the Obama administration has said it’ll continue enforcing DOMA as long as it remains on the books.

Things don’t seem any different this time around. The various agencies to whom the letter is addressed seemed disinclined to take immediate action as a result of the letter. Tracy Schmaler, a Justice Department spokesperson, had no immediate comment and said the department would review the letter.

Peter Boogaard, a DHS spokesperson, reiterated the Obama administration continues to continue to enforce the law as long as it remains on the books.

“Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the Department of Homeland Security will continue to enforce it unless and until Congress repeals it, or there a final judicial determination that it is unconstitutional,” he said.

The Obama administration has already taken steps to address this issue. For example, in October, the Department of Homeland Security issued guidance stipulating immigration officers should consider “long-term, same-sex partners” as families when considering whether to exercise prosecutorial discretion in the potential deportation of an undocumented immigrant.

But marriage-based green card applications are still being denied.

Last week, the Obama administration denied for two couples in different parts of the country. The two green card denials of which the Washington Blade learned on Friday were for Kelly Costello and Fabiola Morales, a lesbian couple from Potomac, Md., and Adi and Tzila Levy of New York.

Steve Ralls, a spokesperson for Immigration Equality, said the letter “underscores the necessity of administrative action” as observers await the final determination on the constitutionality of DOMA and action on comprehensive immigration reform legislation.

“The White House has pledged its assurance that LGBT binational couples will not be torn apart, and abeyance – which would give couples legal presence and protection in the country until a permanent option for residency is available – would be a natural extension of that pledge,” Ralls said. “Given those permanent solutions which are on the horizon, our hope is that President Obama will concur with the senators’ letter and grant abeyance for the next six months or so, until all families have access to the green cards they deserve.”

——————

The full text of the senators’ letter is below:

Dear Mr. Attorney General and Madam Secretary:

We continue to applaud the President for his decision not to defend the constitutionality of the Defense of Marriage Act (‘DOMA’) in federal court. We also applaud the Department of Homeland Security (DHS) for including “long-term same-sex partners” under the Administration’s policy that suspends deportations of some immigrants who pose no security risk. These developments are steps in the right direction, but DOMA is still the law of the land and continues to discriminate against a class of Americans.

Following the 2012 election, there are now nine states and the District of Columbia recognizing same-sex marriage with several other states granting similar rights. However with DOMA as law, we are creating a tier of second-class families in these States. DOMA prevents same-sex immigrant spouses of U.S. citizens from successfully applying for permanent resident visas. Fortunately, the U.S. Supreme Court has granted certiorari in Windsor v. U.S. and will determine the constitutionality of DOMA in the next term; by June we will know whether or not applications for lawful permanent residence for lesbian and gay spouses will ultimately be approvable.

Given the historic nature of Windsor v. U.S., we urge DHS to hold marriage-based immigration petitions in abeyance until the Supreme Court issues its ruling on same-sex marriage. Holding these cases in abeyance for a few months will prevent hardship to LGBT immigrant families. We also call upon the Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA. By taking these interim steps, vulnerable families affected by DOMA can remain together until the Supreme Court issues its decision.

Preserving family unity is a fundamental American value and is the cornerstone of our nation’s immigration law. Thank you for your decision not to defend the constitutionality of a law that hurts so many families and for your consideration of this request.

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Federal Government

Protesters say SAVE Act targets voters, transgender youth

Bill described as ‘Jim Crow 2.0’

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Protesters show their opposition to the SAVE Act outside the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”

The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.

President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.

In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.

A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.

Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.

“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”

U.S. Sen. Chuck Schumer (D-N.Y.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.

“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”

U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.

“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”

He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.

U.S. Sen. Alex Padilla (D-Calif.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”

U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.

“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.

“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”

She then showed the crowd something that she said has been with her throughout her political journey in Washington. 

“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.

“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”

Kelley Robinson, president of the Human Rights Campaign, speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.

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Idaho

Idaho advances bill to restrict bathroom access for transgender residents

HB 752 passed in state House of Representatives on Monday

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The Idaho Capitol building in downtown Boise. (Photo by Rigucci/Bigstock)

The Idaho House of Representatives passed House Bill 752 on Monday, a measure that would make it a crime for a person to use a bathroom other than the one designated for their “biological sex.”

The story was first reported by the Idaho Capitol Sun after the bill cleared the House.

House Bill 752 would make it a criminal offense — either a misdemeanor or a felony, depending on the number of prior offenses — for individuals who “knowingly and willfully” enter a bathroom or changing room designated for the opposite sex.

The bill would apply to public buildings, including government-owned spaces, and places of “public accommodation,” a category that includes private businesses.

According to the bill’s text, it would “prohibit a person from entering a restroom or changing room designated for the opposite sex; provide a penalty; provide exceptions; define terms; and declare an emergency and provide an effective date.”

A first offense would be a misdemeanor, punishable by up to one year in prison. A second or subsequent offense within five years would be a felony, punishable by up to five years in prison.

The bill passed in a 54–15 vote on Monday. Six Republicans broke with their party’s majority to join nine Democrats in opposing the measure.

The bill’s sponsor, state Rep. Cornel Rasor, a Republican from Sagle near the Washington-Idaho border, told House lawmakers that the legislation is intended to protect women and girls.

“It prevents discomfort and voyeurism escalation and assaults, while preserving single-user options and narrow exceptions so no one is denied access for emergency aid,” Rasor said.

State Rep. Chris Mathias, a Democrat from Boise, disagreed, arguing that the legislation would unfairly target transgender Idahoans.

“The truth of the matter is — and I know a lot of people don’t want to say it — but forcing people who don’t look like the sex they were assigned at birth, or transgender folks, to use other people’s bathrooms is going to put a lot of people in danger,” Mathias said.

The Idaho American Civil Liberties Union made a statement about the bill following its passage.

“Idaho lawmakers continue pushing these harmful, invasive bathroom laws, yet cannot present credible evidence that transgender people using gender-aligned bathrooms threaten public safety,” the Idaho ACLU said. “The bill does nothing to address real criminal acts, such as sexual assault or voyeurism, and disregards concerns from law enforcement about the burden enforcement would place on local resources.”

In addition to human rights advocates, who have spoken out against similar bills advancing in state legislatures across the country, Idaho law enforcement groups have also opposed the measure. They argue that the way the legislation is written would “pose significant practical enforcement challenges,” noting that officers are tasked with maintaining public safety — not conducting gender checks or policing bathroom access.

During a committee hearing last week, law enforcement representatives and several trans Idahoans testified that the bill would make many residents less safe.

“Officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex in order to enforce the statute,” Idaho Fraternal Order of Police President Bryan Lovell wrote. “In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate.”

The Idaho Sheriffs’ Association requested that lawmakers amend the bill to require that individuals be given an opportunity to leave a bathroom immediately before facing potential prosecution.

The bill now heads to the Idaho Senate for consideration. To become law, it must pass both chambers and avoid a veto from the governor.

A separate bathroom bill, House Bill 607, which would be enforced through civil lawsuits, passed the House last month but has not yet received a committee hearing in the Senate.

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State Department

Report: US to withhold HIV aid to Zambia unless mineral access expanded

New York Times obtained Secretary of State Marco Rubio memo

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(Image by rusak/Bigstock)

The State Department is reportedly considering withholding assistance for Zambians with HIV unless the country’s government allows the U.S. to access more of its minerals.

The New York Times on Monday reported Secretary of State Marco Rubio in a memo to State Department’s Bureau of African Affairs staffers wrote the U.S. “will only secure our priorities by demonstrating willingness to publicly take support away from Zambia on a massive scale.” The newspaper said it obtained a copy of the letter.

Zambia is a country in southern Africa that borders Tanzania, Malawi, Mozambique, Zimbabwe, Botswana, Namibia, Angola, and the Democratic Republic of Congo.

The Times notes upwards of 1.3 million Zambians receive daily HIV medications through PEPFAR. The newspaper reported Rubio in his memo said the Trump-Vance administration could “significantly cut assistance” as soon as May.

“Reports of (the) State Department withholding lifesaving HIV treatment in return for mining concessions in Zambia does not make us safer, stronger, or more prosperous,” said U.S. Sen. Jeanne Shaheen (D-N.H.), the ranking member of the Senate Foreign Relations Committee, on Tuesday. “Monetizing innocent people’s lives further undermines U.S. global leadership and is just plain wrong.”

The Washington Blade has reached out to the State Department for comment.

Zambia received breakthrough HIV prevention drug through PEPFAR

Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia two months later received the first doses of the breakthrough HIV prevention drug.

Kenya and Uganda are among the African countries have signed health agreements with the U.S. since the Trump-Vance administration took office.

The Times notes the countries that signed these agreements pledged to increase health spending. The Blade last month reported LGBTQ rights groups have questioned whether these agreements will lead to further exclusion and government-sanctioned discrimination based on sexual orientation and gender identity.

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