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Dems seeking to delay gay-inclusive immigration reform?

LGBT groups seek White House response to ‘alarming’ report

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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 (D-N.Y.) is saying nothing in response to a Politico report that one advocate calls “alarming.” (Washington Blade photo by Michael Key)

Key players in Senate talks on immigration reform are staying mum following a media report that Democrats are working to delay a vote on making the package gay-inclusive — prompting one advocate to call for the White House to intervene.

Late Thursday, Politico reported that Democrats are asking the White House to tell Sen. Patrick Leahy (D-Vt.) to withhold amendments for bi-national same-sex couples until the larger measure reaches the Senate floor — where passage will likely be more difficult.

“They’re increasingly uneasy about risking Republican support but reluctant to tell gay rights advocates that an amendment allowing American citizens to seek green cards for their same-sex foreign partners may not get a vote in the Judiciary Committee,” Politico reported.

Concern over the amendments follows remarks from Republican Sens. Marco Rubio (R-Fla.), Jeff Flake (R-Ariz.) and Lindsey Graham (R-S.C.) — as well as comments from Sen. Orrin Hatch (R-Utah) to the Washington Blade — that including the pro-gay language would kill immigration reform.

LGBT advocates involved in talks told the Washington Blade they’re unaware of any such conversations between the White House and Democrats. Spokespersons for the Human Rights Campaign and Immigration Equality said the Politico report was the first they’ve heard about any such discussion.

Steve Ralls, an Immigration Equality spokesperson, said the White House should go on the record in response to the reporting — which he called “alarming” — because the LGBT community “has a right to know which particular senators” are “scheming to throw gay families under the bus.”

“The chairman has stuck his neck out for gay families, but I fear Schumer is working to avoid confronting the issue because of Republicans’ threats and intimidation,” Ralls said. “If the president is being asked to help slow down or stop a vote, the White House owes our families an assurance that he is refusing to do so.”

The White House didn’t respond to the Washington Blade’s request for comment on the Politico report.

Leahy has filed amendments before the committee along the lines of the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the United States.

One measure mirrors UAFA, the other is restricted to married bi-national couples. According to LGBT advocates, Leahy has given assurances that he’ll bring up the amendments as the committee considers family unification issues for immigration reform.

One group, Immigration Equality, says all Democrats on the committee have given assurances they’d support at least one of the measures — with the exception of Sen. Chuck Schumer (D-N.Y.). That’s just one vote short of a majority vote in committee.

The only Democratic members of the Senate Judiciary Committee who offered responses to the Blade on Friday were Sens. Chris Coons (D-Del.), Al Franken (D-Minn.), and Sen. Richard Blumenthal (D-Conn.).

Speaking directly with Blade, Blumenthal said he supports the Leahy measures and is unaware of any talks to delay voting on them.

“I’ve heard nothing about it,” Blumenthal said. “I haven’t spoken with the White House about it; I haven’t heard of any Democrats talking to the White House.”

Ian Koski, a Coons spokesperson, said, “I’m afraid I haven’t heard anything about that other than press reports.”

Alexandra Fetissoff, a Franken spokesperson, was similarly unaware of the discussions detailed in Politico as she gave assurances on the Minnesota senator’s vote.

“We’re unaware of any conversation and Sen. Franken is definitely not making the request,” Fetissoff said. “He plans to support Sen. Leahy’s provision when it comes up for a vote.

But key players in the immigration talks didn’t push back against the Politico report to say that the assertions are untrue.

Schumer, a member of the “Gang of Eight” that produced the base bill, is the lone Democrat on the panel who hasn’t committed to voting for the amendments in the committee. His office didn’t respond to a request for comment.

The offices of Sens. Richard Durbin (D-Ill.) and Michael Bennet (D-Colo.), who are also members of the “Gang of Eight,” also didn’t respond.

In the Politico article, Durbin is quoting as saying Obama is “working behind the scenes,” but declined to give additional details. The article doesn’t quote him as saying whether the White House is involved positively or negatively in working toward a gay-inclusive bill.

The only Democratic member of the “Gang of Eight” who responded was Sen. Bob Menendez (D-N.J.). Tricia Enright, a Menendez spokesperson, said she’s “not aware” of requests made to the White House to ask Leahy to hold off on the amendments.

Additionally, the office of Sen. Dianne Feinstein (D-Calif.) didn’t respond to a request for comment. According to Immigration Equality, her vote also was in question, but she’s given assurances she’d support the more restrictive amendment offered by Leahy limited to married bi-national same-sex couples.

As for what Leahy has been told, a Senate aide referred to the Politico article. The Vermont senator is quoted as saying he spoke with Obama regarding immigration reform on Wednesday, but the issue regarding gay couples didn’t come up.

“I am the most senior member of the Senate, I’m an experienced chairman. He’s happy I’m handling immigration,” Leahy reportedly said. “He hasn’t suggested whether I should or shouldn’t do it because he knows I’ll make up my own mind.”

Family unification issues for immigration reform, under which UAFA would fall, are scheduled to come up before the committee next week starting on Monday.

Ralls said he expects the amendments to come up on Tuesday, but cautioned they may not come up at all if Leahy feels he doesn’t have sufficient support in committee.

“We are concerned, given the very weak support of Democrats and ongoing threats from Republicans, that the amendments may not even be given an up or down vote in committee, despite Leahy’s leadership and passion for the issue,” Ralls said.

Blumenthal said the last he heard was that Leahy intended to offer the amendments in committee, but plans may have changed.

“The last I heard from him, he was going to proceed, but that was last week,” Blumenthal said. “I can’t speak for him. I don’t know what he intends to do, but I understood he was going to offer the amendment.”

Obama addressed the issue during a news conference as part of a visit to Costa Rica earlier this month. The president called including the provisions the “right thing to do,” but left the door open to signing a bill that lacked protections for bi-national gay couples.

“I can also tell you I’m not going to get everything I want in this bill,” Obama added. “Republicans are not going to get everything that they want in this bill.”

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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Congress

Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill

GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

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(Washington Blade photo by Michael Key)

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.

The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.

The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.

Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”

He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.

Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.

Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.

The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.

In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”

While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.

U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:

“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.

 “Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”

The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:

“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.

“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”


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