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Eyes on Schumer in push for gay-inclusive immigration bill

N.Y. senator won’t commit support; Hatch urges Leahy to withhold amendments

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Chuck Schumer, Charles Schumer, New York, United States Senate, Democratic Party, gay news, Washington Blade
Chuck Schumer, Charles Schumer, New York, United States Senate, Democratic Party, gay news, Washington Blade

Sen. Chuck Schumer‘s vote on gay-inclusion in immigration reform is in question. (D-N.Y.) (Washington Blade photo by Michael Key)

Sen. Charles Schumer (D-N.Y.) has become the new focus for LGBT rights supporters seeking gay-inclusive immigration reform in the wake of comments he made suggesting he may not support amendments to include bi-national same-sex couples in the bill.

The senior senator from New York is seen as the only uncertain vote among the 10 Democrats on the Senate Judiciary Committee for two amendments that would enable gay Americans to sponsor their partners for residency in the United States.

Steve Ralls, a spokesperson for the LGBT group Immigration Equality, said late Thursday that “it has become crystal clear” that the fate of these amendments — proposed by Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) — now “rests entirely” with Schumer because his vote is needed to have majority support in committee.

“Sen. Schumer will determine if our families have the 10th vote they need,” Ralls said. “If he fails to offer that vote to Senator Leahy, and the chairman in turn cannot offer the amendment, it will be his fault, and his fault alone, that LGBT families are left behind.”

Earlier on Thursday, Schumer wouldn’t commit to supporting gay inclusion in immigration reform when speaking with reporters on Capitol Hill — even though he’s a co-sponsor of the Uniting American Families Act — on the basis that he thought their inclusion would derail the larger legislation. His office didn’t respond to the Blade’s request for comment on his position on the Leahy amendments.

According to Buzzfeed, Schumer said, “I’m not going get into speculatives. I would very much like to see it in the bill. But we have to have a bill that has support to get [the language] passed. That’s the conundrum.”

A member of the “Gang of Eight” that produced the base immigration bill, Schumer appears to be wavering amid threats from Republican members of the gang — including Sens. Jeff Flake (R-Ariz.) and Marco Rubio (R-Fla.) — who threatened to kill reform if the amendments are included.

Ralls noted that Schumer voted in 1996 for the Defense of Marriage Act, and said a vote in favor of the amendments would make up for that anti-gay action.

“In 1996, Senator Schumer cast a vote in favor of DOMA,” Ralls said. “Now, he has the option of cleaning up the disastrous mess he helped make. He has so far chosen, instead, to deliver our opposition’s talking points for them.”

Leahy filed two amendments earlier this week that would incorporate same-sex couples as part of immigration reform. One is along the lines of the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the country, while the other would be restricted to bi-national same-sex couples who are married. The two amendments are among the more than 300 that are on the table.

Fred Sainz, vice president of communications for the Human Rights Campaign, was more confident Schumer would cast a vote in favor of gay-inclusion if the amendments were brought to a vote.

“If Chairman Leahy offers either amendment he filed, and given Sen. Schumer’s long record of supporting LGBT equality, we would expect the senator to support either of them,” Sainz said.

Meanwhile, Senate Republicans in the committee seem united in suggesting that including the amendments as part of comprehensive immigration reform would be unacceptable.

Sen. Orrin Hatch (R-Utah), a member of the Senate Judiciary Committee, said on Thursday during a brief interview with the Washington Blade on Capitol Hill their inclusion “would kill the bill.”

“You’ve got to have a bipartisan, heavy majority in the Senate to be able to get this bill, and that would make it very difficult,” Hatch said.

Asked whether he’d vote “no” on the amendments, Hatch replied he hopes Leahy doesn’t bring up the amendments.

“If we can change the bill effectively, so that it will work, I would like the bill to go through,” Hatch said. “I don’t want to stop it. I have amendments that would stop the bill, too, but I’m not going to bring them up.”

Gregory Angelo, executive director of the Log Cabin Republicans, dismissed Hatch’s argument that gay-inclusion would kill immigration reform, pointing to the successful passage of the Violence Against Women Act reauthorization with LGBT provisions.

“The notion that something as simple as allowing married same-sex couples to sponsor their partner would kill the bill is preposterous,” Angelo said.  “LGBT provisions didn’t stop VAWA from passing in the Senate — and the House — and it won’t kill the CIR bill, either.”

The committee began consideration of amendments to the immigration reform on Thursday. Consideration of additional amendments is set to continue Tuesday, Thursday, May 20 and every day that follows until there’s a final vote on the bill.

Besides Schumer, Immigration Equality says the rest of the Democrats on the panel are “yes” votes. Durbin, another Democrat on the committee and member of “Gang of Eight,” isn’t in the same boat as Schumer because the Illinois senator has articulated support for the amendments. Max Gleischman, a Durbin spokesperson, confirmed for the Blade that his boss supports the measures.

During an interview with CNN on Sunday, Durbin commented on the prospects of including bi-national gay couples as part of immigration reform.

“I happen to believe that it’s consistent with the position we should have marriage equality, and therefore, recognize marriages between people from the same gender,” Durbin said. “Now, this is a hot issue. It’s a contentious issue. If we can find a way through this to protect that basic right of an individual and still pass immigration reform, that’s what I want to achieve.”

For a time, Sen. Dianne Feinstein (D-Calif.), one of the Democrats on the committee, was seen as questionable because she expressed concerns over granting affidavits to same-sex couples as written under UAFA. Her office didn’t respond to the Blade’s request for comment on the amendments, but Ralls maintained his organization has received commitments that she’d vote for the Leahy amendment restricted to married bi-national same-sex couples.

Leahy also continues to promote the idea that protections for gay couples should be included as part of comprehensive immigration reform as more states continue to legalize same-sex marriage. He articulated his views in an interview with Politico published on Thursday.

“On this particular issue, you know, at some point we’re going to have to face it, and we have to decide when is the best time to face it,” Leahy said. “You can’t go into a state like mine or — it will be now 11 or 12 states and the District of Columbia — where same-sex marriage is legal, and say to this couple, ‘OK, we can help you with the immigration matter.’ Turn to another couple equally legally married and say, ‘Oh, we have to discriminate against you.’”

At the same time, debate is ensuing within the religious community about support for immigration reform if it includes language for bi-national couples.

According to the Associated Press, leaders from conservative religious groups who previously expressed support for immigration said during a conference call with reporters on Wednesday they would withdraw support if language for gay couples is included. Among the groups on the call were the Southern Baptist Convention and the National Association of Evangelicals

“We’re extremely hopeful that this bill will remain an immigration bill and not get tangled up with the issue of gay rights,” Richard Land, a leader of the Southern Baptist Convention, was quoted as saying. “But if it did, if it did, the Southern Baptist Convention would not be able to support the bill.”

But a letter dated May, 6 2013 to Leahy from a coalition of other religious groups calls for the inclusion of gay couples in immigration reform. Among the 15 signers are leaders from the Lutheran Church, the Episcopal Church and the Unitarian Church.

“More than 2,500 faith leaders from all fifty states, including 57 bishops of the Episcopal, Methodist, and Lutheran churches are part of the Faith Coalition for the Uniting American Families Act,” the letter states. “No reform of that system can truly be called comprehensive unless it includes all immigrant families, including the families of same-sex spouses and partners.”

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Congress

Van Hollen speaks at ‘ICE Out for Good’ protest in D.C.

ICE agent killed Renee Nicole Good in Minneapolis on Jan. 7

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U.S. Sen. Chris Van Hollen (D-Md.) speaks at the 'ICE Out for Good' rally in D.C. (Washington Blade photo by Michael Key)

U.S. Sen. Chris Van Hollen (D-Md.) is among those who spoke at an “ICE Out for Good” protest that took place outside U.S. Customs and Border Protection’s headquarters in D.C. on Tuesday.

The protest took place six days after a U.S. Immigration and Customs Enforcement agent shot and killed Renee Nicole Good, a 37-year-old woman in Minneapolis.

Good left behind her wife and three children.

(Video by Michael K. Lavers)

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Congress

Advocates say MTG bill threatens trans youth, families, and doctors

The “Protect Children’s Innocence” Act passed in the House

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20 for her anti-trans legislation. (Washington Blade photo by Michael Key)

Georgia Congresswoman Marjorie Taylor Greene has a long history of targeting the transgender community as part of her political agenda. Now, after announcing her resignation from the U.S. House of Representatives, attempting to take away trans rights may be the last thing she does in her official capacity.

The proposed legislation, dubbed “Protect Children’s Innocence Act” is among the most extreme anti-trans measures to move through Congress. It would put doctors in jail for up to 10 years if they provide gender-affirming care to minors — including prescribing hormone replacement therapy to adolescents or puberty blockers to younger children. The bill also aims to halt gender-affirming surgeries for minors, though those procedures are rare.

Greene herself described the bill on X, saying if passed, “it would make it a Class C felony to trans a child under 18.”

According to KFF, a nonpartisan source for health policy research, polling, and journalism, 27 states have enacted policies limiting youth access to gender-affirming care. Roughly half of all trans youth ages 13–17 live in a state with such restrictions, and 24 states impose professional or legal penalties on health care practitioners who provide that care.

Greene has repeatedly introduced the bill since 2021, the year she entered Congress, but it failed to advance. Now, in exchange for her support for the National Defense Authorization Act, the legislation reached the House floor for the first time.

According to the 19th, U.S. Rep. Sarah McBride (D-Del.), the first trans member of Congress, rebuked Republicans on the Capitol steps Wednesday for advancing anti-trans legislation while allowing Affordable Care Act tax credits to expire — a move expected to raise health care costs for millions of Americans.

“They would rather have us focus in and debate a misunderstood and vulnerable one percent of the population, instead of focusing in on the fact that they are raiding everyone’s health care,” McBride said. “They are obsessed with trans people … they are consumed with this.”

Polling suggests the public largely opposes criminalizing gender-affirming care.

A recent survey by the Human Rights Campaign and Global Strategy Group found that 73 percent of voters in U.S. House battleground districts oppose laws that would jail doctors or parents for providing transition-related care. Additionally, 77 percent oppose forcing trans people off medically recommended medication. Nearly seven in 10 Americans said politicians are not informed enough to make decisions about medical care for trans youth.

The bill passed the House and now heads to the U.S. Senate for further consideration.

According to reporting by Erin Reed of Erin In The Morning, three Democrats — U.S. Reps. Henry Cuellar and Vicente Gonzalez of Texas and Don Davis of North Carolina — crossed party lines to vote in favor of the felony ban, joining 213 Republicans. A total of 207 Democrats voted against the bill, while three lawmakers from both parties abstained.

Advocates and lawmakers warned the bill is dangerous and unprecedented during a multi-organizational press call Tuesday. Leaders from the Human Rights Campaign and the Trevor Project joined U.S. Rep. Becca Balint (D-Vt.), Dr. Kenneth Haller, and parents of trans youth to discuss the potential impact of restrictive policies like Greene’s — particularly in contrast to President Donald Trump’s leniency toward certain criminals, with more than 1,500 pardons issued this year.

“Our MAGA GOP government has pardoned drug traffickers. They’ve pardoned people who tried to overthrow the government on January 6, but now they want to put pediatricians and parents into a jail cell for caring for their kids,” said Human Rights Campaign President Kelley Robinson. “No one asked for Marjorie Taylor Greene or Dan Crenshaw or any politician to be in their doctor’s office, and they should mind their own business.”

Balint, co-chair of the Congressional Equality Caucus, questioned why medical decisions are being made by lawmakers with no clinical expertise.

“Parents and doctors already have to worry about state laws banning care for their kids, and this bill would introduce the risk of federal criminal prosecution,” Balint said. “We’re talking about jail time. We’re talking about locking people up for basic medical care, care that is evidence-based, age-appropriate and life-saving.”

“These are decisions that should be made by doctors and parents and those kids that need this gender-affirming care, not certainly by Marjorie Taylor Greene.”

Haller, an emeritus professor of pediatrics at St. Louis University School of Medicine, described the legislation as rooted in ideology rather than medicine.

“It is not science, it is just blind ideology,” Haller said.

“The doctor tells you that as parents, as well as the doctor themselves, could be convicted of a felony and be sentenced up to 10 years in prison just for pursuing a course of action that will give your child their only chance for a happy and healthy future,” he added. “It is not in the state’s best interests, and certainly not in the interests of us, the citizens of this country, to interfere with medical decisions that people make about their own bodies and their own lives.”

Haller’s sentiment is echoed by doctors across the country.

The American Medical Association, the nation’s largest organization that represents doctors across the country in various parts of medicine has a longstanding support for gender-affirming care.

“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” their website reads.

Rodrigo Heng-Lehtinen, senior vice president of public engagement campaigns at the Trevor Project, agreed.

“In Marjorie Taylor Greene’s bill [it] even goes so far as to criminalize and throw a parent in jail for this,” Heng-Lehtinen said. “Medical decisions should be between patients, families, and their doctors.”

Rachel Gonzalez, a parent of a transgender teen and LGBTQ advocate, said the bill would harm families trying to act in their children’s best interests.

“No politician should be in any doctor’s office or in our living room making private health care decisions — especially not Marjorie Taylor Greene,” Gonzalez said. “My daughter and no trans youth should ever be used as a political pawn.”

Other LGBTQ rights activists also condemned the legislation.

Tyler Hack, executive director of the Christopher Street Project, called the bill “an abominable attack on the transgender community.”

“Marjorie Taylor Greene’s last-ditch effort to bring her 3-times failed bill to a vote is an abominable attack on the transgender community and further cements a Congressional career defined by hate and bigotry,” they said. “We are counting down the days until she’s off Capitol Hill — but as the bill goes to the floor this week, our leaders must stand up one last time to her BS and protect the safety of queer kids and medical providers. Full stop.”

Hack added that “healthcare is a right, not a privilege” in the U.S., and this attack on trans healthcare is an attack on queer rights altogether. 

“Marjorie Taylor Greene has no place in deciding what care is necessary,” Hack added. “This is another attempt to legislate trans and queer people out of existence while peddling an agenda rooted in pseudoscience and extremism.”

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, also denounced the legislation.

“This bill is the most extreme anti-transgender legislation to ever pass through the House of Representatives and a direct attack on the rights of parents to work with their children and their doctors to provide them with the medical care they need,” Takano said. “This bill is beyond cruel and its passage will forever be a stain on the institution of the United States Congress.”

The bill is unlikely to advance in the Senate, where it would need 60 votes to pass.

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LGBTQ Democrats say they’re ready to fight to win in 2026

DNC winter meetings took place last weekend in Los Angeles

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Then-Vice President Kamala Harris speaks at the 2024 Democratic National Convention in Chicago on Aug. 22, 2024. The former vice president spoke at the Democratic National Committee's annual winter meetings in Los Angeles. (Washington Blade photo by Michael Key)

The Democratic National Committee held its annual winter meetings in Downtown Los Angeles over the weekend, and queer Democrats showed up with a clear message for the national organization: don’t abandon queer and transgender people.

Following last year’s disastrous presidential and congressional elections, many influential pundits and some powerful lawmakers called on Democrats to distance the party from unpopular positions on trans rights, in order to win swing districts by wooing more conservative voters.

But members of the DNC’s LGBTQ Caucus say that’s actually a losing strategy.

“There are still parts of our party saying we need to abandon trans people in order to win elections, which is just not provable, actually. It’s just some feelings from some old consultants in DC,” LGBTQ Caucus Chair Sean Meloy says.

Some national Democrats are already backtracking from suggestions that they walk back on trans rights. 

California Gov. Gavin Newsom grabbed national attention in March when he suggested that it was “deeply unfair” for trans girls to play in women’s sports. But last week, he doubled down on support for trans rights, claiming to have signed more trans-rights legislation than any governor in the country, and entering into feuds on X with Elon Musk and Nicki Minaj over his support for trans kids.

Democrats are also clearly feeling the wind in their sails recently after major election victories in Virginia and New Jersey last month, as well as victories in dozens of local and state legislative elections across the country in 2025. 

“[Abigail] Spanberger in Virginia didn’t win by dodging the trans question. She won by attacking it, confronting it, and that’s how she got ahead,” says Vivian Smotherman, a trans activist and at-large member of the DNC’s LGBTQ Caucus.

“Trans people are not a problem. We are a resource,” Smotherman says. “For my community, surviving into adulthood is not a guarantee, it’s an accomplishment. You don’t walk through a survival gauntlet without learning things … I’m not begging the DNC to protect my community. I’m here to remind you that we are the warriors tempered by fire, and we are fully capable of helping this party win.”

At its own meeting on Friday, the LGBTQ Caucus announced several new initiatives to ensure that queer and trans issues stay top of mind for the DNC as it gears up for the midterm elections next year.

One plan is to formalize the DNC’s Trans Advisory Board as distinct from the LGBTQ Caucus, to help introduce candidates across the country to trans people and trans issues.

“One in three people in this country know a trans person. Two-thirds of Americans don’t think they do,” Smotherman says. “So the real problem is not being trans, it’s that you don’t know us. You cannot authentically support a trans person if you’ve never met one. 

“That’s why my first goal with this Trans Advisory Board is to host a monthly Meet a Trans Person webinar. Not as a spectacle, as a debate, but as a human connection, and I will be charging every state chair with asking every one of their candidates up and down the board if they know a trans person. And if that person doesn’t know a trans person, I’m gonna have that state chair put them on that webinar.”

The LGBTQ caucus is also opening up associate membership to allies who do not identify as LGBTQ, in order to broaden support and connections over queer issues.

It’s also preparing for the inevitable attacks Republicans will throw at queer candidates and supporters of LGBTQ issues. 

“These attacks are going to come. You have to budget money proactively. You have to be ready to fight,” Meloy says. “There are some local party chairs who don’t want to recruit LGBTQ candidates to run because these issues might come up, right? That’s an absolutely ludicrous statement, but there are still people who need support in how to be ready and how to respond to these things that inevitably come.” 

“The oldest joke is that Democrats don’t have a spine. And when they come after us, and we do not reply, we play right into that.” 

Meloy also alluded to anti-LGBTQ tropes that queer people are out to harm children, and said that Democrats should be prepared to make the case that it’s actually Republicans who are protecting child abusers – for example, by suppressing the Epstein files.

“They are weak on this issue. Take the fight, empower your parties to say, ‘These people have nothing to stand on,’” Meloy says.

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