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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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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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Results from key Tuesday primary races

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Democratic State Sen. Scott Wiener (Photo courtesy of Scott Wiener)

State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election. 

The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump. 

In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.

In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.

In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.  

The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple. 

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White House Correspondents’ Dinner rescheduled after shooting

‘We will not allow an act of violence to have the last word’

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The scene inside April’s White House Correspondents’ Dinner after shots rang out. (Washington Blade photo by Joe Reberkenny)

The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.

Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.

“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members. 

She did not announce further details, including venue and ticketing. 

Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.  

This post will be updated as more details are announced.

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