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Obama unveils LGBT-inclusive immigration plan

Proposal ‘treats same-sex families as families’

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Barack Obama, Election 2012, gay news, Washington Blade
Barack Obama, Election 2012, gay news, Washington Blade

President Obama on Tuesday made public his plan for comprehensive immigration reform. (Washington Blade file photo by Michael Key)

Before a cheering audience at a Las Vegas high school, President Obama unveiled on Tuesday his much anticipated plan for comprehensive immigration reform, which includes a provision aimed at ensuring bi-national same-sex couples can stay together in the United States.

In a speech before supporters at Del Sol High School, Obama emphasized the need to pass comprehensive legislation to fix problems in the U.S. immigration code, but didn’t explicitly mention the provision in his plan that would enable gay Americans to sponsor foreign same-sex partners for residency in the United States.

“I’m here because most Americans agree that it’s time to fix a system that’s been broken for way too long,” Obama said. “I’m here because business leaders, faith leaders, labor leaders, law enforcement and leaders from both parties are coming together to say now is the time to find a better way to welcome the striving, hopeful immigrants who still see America as the land of opportunity. Now is the time to do this so we can strengthen our economy and strengthen our country’s future.”

Obama’s plan has four major parts: 1) enhancing border security; 2) cracking down on companies that hire undocumented workers; 3) holding undocumented immigrants “accountable” before they earn citizenship by, among other things, requiring them to pay back taxes with a penalty and learn English; and 4) streamlining the legal immigration system for families, workers and employers.

The president’s commitment to bi-national same-sex couples is found under the fourth pillar of his plan under the heading, “Keep Families Together.”

“It also treats same-sex families as families by giving U.S. citizens and lawful permanent residents the ability to seek a visa on the basis of a permanent relationship with a same-sex partner,” the fact sheet states.

Also found in the fact sheet is a call to pass legislation along the lines of the DREAM Act, which would provide a path to citizenship for young, undocumented immigrants pursuing military service or a college education.

LGBT advocates have sought language as part of comprehensive immigration reform that would enable gay Americans to sponsor a foreign same-sex partner for residency in the United States. Current law could lead to separation for many bi-national same-sex couples — and in some extreme cases deportation of the foreign national in the relationship if they lose their immigration status. Standalone legislation along these lines is known as the Uniting American Families Act.

Rachel Tiven, executive director of the LGBT group Immigration Equality, said LGBT families are “elated” that language for them was enumerated as part of his proposal for immigration reform.

“When the president leads, Congress and the American people join him to stand for equality,” Tiven said. “From the repeal of ‘Don’t Ask, Don’t Tell’ to marriage equality, the president’s leadership has been effective, and critical, in winning real change for real families.”

Rep. Jerrold Nadler (D-N.Y.), the sponsor of UAFA in the U.S. House, also in a statement said he’s pleased Obama included same-sex couples as part of his immigration proposal.

“I commend President Obama for a comprehensive and inclusive proposal to solve some of the most vexing issues in American society,” Nadler said. “For 11 million immigrants who are stuck in the margins of the law, for tens of thousands of bi-national LGBT families caught in immigration purgatory, and for the many seeking to make an honest go at the American Dream, these principles of immigration reform are tremendously important.”

But that elation wasn’t shared by House Speaker John Boehner (R-Ohio), whose Republican majority will have to approve any comprehensive plan before it reaches Obama’s desk.

“There are a lot of ideas about how best to fix our broken immigration system,” said Brendan Buck, a Boehner spokesperson. “Any solution should be a bipartisan one, and we hope the president is careful not to drag the debate to the left and ultimately disrupt the difficult work that is ahead in the House and Senate.”

In his remarks, Obama warned Congress that he would pressure them to pass his own plan if lawmakers cannot come up with a deal on their own for comprehensive immigration reform.

”If Congress is unable to move forward in a timely fashion, I will send them a bill based on my proposal and insist they vote on it right away,” Obama said.

A framework unveiled on Monday by a bipartisan “Gang of Eight” U.S. senators has similar language – although it conditions offering a path to citizenship for 11 million undocumented workers to enhancing border security — but has no mention of bi-national same-sex couples.

An aide for Sen. Charles Schumer (D-N.Y.), a leading Democrat involved in the talks, told the Washington Blade that language for gay couples “is among the many unresolved aspects of the negotiations, which is why it isn’t reflected either way in the outline.” But in an interview with “CBS This Morning,” Sen. John McCain (R-Ariz.) said the issue isn’t “of paramount importance” and said its inclusion as part of the deal would be a “red flag” for him.

Asked about the absence of this language in the Senate framework during a press gaggle on Tuesday morning abroad Air Force One, White House Press Secretary Jay Carney said Obama believes it should be part of the package.

“The president believes that it should be included and that should come as no surprise,” Carney said. “As we’ve said all along, this is consistent with the principles he has laid out over the last four years.”

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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