News
Leahy withholds amendments for gay couples in immigration bill
In tearful speeches, Dems says time is wrong for measures
Sen. Patrick Leahy (D-Vt.) withheld UAFA as a committee amendment. (Blade file photo by Michael Key)
Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) on Tuesday withheld amendments to include gay couples as part of immigration reform in the aftermath of speeches — sometimes tearful — from Democrats on the panel who said they couldn’t support the measures.
After an extended speech on why he believes discrimination against gay couples is wrong — Leahy said “with a heavy heart” he wouldn’t introduce the amendments before the Senate Judiciary Committee. They would have made bi-national same-sex couples equal under the law to straight couples for immigration purposes.
“In the immigration context, if you’re an American and fall in love will someone of the same sex from a different country and you get married legally, your spouse will not be treated like any other immigrant spouse would be by your federal government,” Leahy said. “My amendments would change that. I don’t want to be the senator who asks Americans to choose between the love of their life and the love of their country.”
During his remarks, Leahy asked members of the “Gang of Eight” who produced the base bill and were also members of the Senate Judiciary Committee why they decided to exclude gay couples from the initial legislation.
Under current law, gay Americans are unable to sponsor their foreign partners for residency in the United States — even if they’re married — unlike straight Americans. For couples that are married, that’s because of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. LGBT advocates had been pushing Congress to rectify this issue as part of comprehensive immigration reform.
Two amendments were proposed by Leahy. One mirrored the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the United States. The other would have allowed for the approval of marriage-based green card applications for married same-sex couples.
Democrats who are known for being LGBT rights supporters — Sens. Chuck Schumer (D-N.Y.), Al Franken (D-Minn.), Dianne Feinstein (D-Calif.) and Richard Durbin (D-Ill.) — said they were torn on the issue, but couldn’t support the amendments out of fear they would lose Republican support and it would kill the legislative package.
Feinstein said the Supreme Court, which is currently considering the constitutionality of DOMA, may make the issue “moot” because a ruling against the anti-gay law in June would end federal discrimination against married same-sex couples.
“We now know that this is going to blow the agreement apart,” Feinstein said. “I don’t want to lose Sen. Graham’s vote because Sen. Graham’s vote can represent and be used as the rationale for dozens of other [lawmakers] who then will not vote for the immigration bill. … I am for what Sen. Leahy is proposing, I would just implore to hold off on this amendment at this time.”
Schumer, a member of the “Gang of Eight,” said he tried to persuade other senators to support the idea and believes current law is “rank discrimination,” but can’t bring himself to support the amendments because of Republican opposition.
“If we make the effort to add it to this bill, they will walk away,” Schumer said. “They’ve said it publicly, they’ve told me privately — I believe them. The result: no equality, no immigration bill. Everyone loses.”
Prior to the vote, Schumer was targeted by LGBT groups for being the only Democrat on the committee to not voice support for including UAFA as part of the larger package.
Durbin was particularly emotional and had tears in his eyes as he explained why they couldn’t support the measures. A member of the “Gang of Eight,” Durbin said he supports UAFA, but doesn’t see immigration reform as the best vehicle for the measure.
“I believe in my heart of hearts that what you’re doing is the right and just thing … but I believe this is the wrong moment, this is the wrong bill,” Durbin said. “There are approximately 250,000 LGBT undocumented immigrants in America that would benefit from passage of immigration reform. I want to make certain they have that chance.”
LGBT rights groups responded to the committee’s exclusion of same-sex couples from immigration reform with vocal disappointment.
Rachel Tiven, executive director of the LGBT group Immigration Equality, attended the markup and — while she said she’s “proud’ of Leahy for his support — expressed frustration with other Democrats.
“I’m very proud of Sen. Leahy; I’m very dismayed that his colleagues did not stand up with him to talk about the dignity of LGBT immigrant families,” Tiven said. “Only Sen. Leahy talked about the LGBT immigrants that he represents who have dreams, too, and who want to see a good bill passed that will help everyone, and who need immigration reform as badly as any other immigrant.”
Tiven named Democrats on the panel with whom she was particularly disappointed because of their previously articulated support for the LGBT community.
“To hear Sen. Durbin say, ‘Well, this is an outside issue like gun control,’ to hear that Sen. Franken didn’t speak up for families like Ginger and Ness Madeiros, whose visa runs out in August — what are they and their eight-month-old son going to do?” Tiven said. “I can’t imagine how they’re feeling right now about Sen. Franken. How could he not say these are immigrant families, too?”
With the exception of Schumer, Tiven maintained the Democrats on the panel expressed support for including same-sex couples in the reform package, which made their statements during the committee markup surprising.
But Republican members of the panel were most opposed to including the measures. They reiterated their opposition to including the measure in the package and said adopting them would break apart the coalition that helped put it together.
Sen. Lindsey Graham (R-S.C.), a Republican member of the “Gang of Eight,” said the legislation would lose support from evangelical Christians and the Catholic Church, who’ve supported the measure, if those protections were included.
“I support traditional marriage without animosity,” Graham said. “I’m not married; I guess that means maybe I shouldn’t speak at all about it, but I do believe that the people of my state, and the people of other states who have gone different ways than Vermont, believe it would throw the coalition out of balance.”
When Leahy asked Graham if anything in the amendments would require South Carolina to change its state law on marriage, Graham said no, but maintained it would be making him vote in favor of a concept he opposes.
“You got me on immigration; you don’t got me on marriage,” Graham said. “I can’t just tell any more directly; you want to keep me on immigration; let’s stay on immigration.”
Sen. Jeff Flake (R-Ariz.), another GOP member of the “Gang of Eight,” also said he expected the coalition that put the bill together to fall apart if same-sex couples were included.
“This is an issue that is being addressed by the courts right now, I think that it would certainly upset the coalition that we have,” Flake said. “Certainly, we in Arizona, like in South Carolina, have spoken on the issue. It would certainly mean that this bill would not move forward. That would be a real shame, given how far we’ve come and the work that’s gone into this.”
Winnie Stachelberg, vice president of external affairs at the Center for American Progress, pointed at Republicans as the reason why same-sex couples weren’t included in the legislation.
“We’re all disappointed that at this juncture in the process, a small handful of Republicans prevented the provision from being voted on, but we’ve got a long way to go in the process and we’ll continue to work hard to secure the votes on the floor if it comes up,” Stachelberg said.
Following the discussion on the Leahy amendments, the committee reported out the legislation by a 13-5 vote. Supporters of immigration reform in the room — largely members of immigrant community — chanted, “Yes we can! Yes we can!” and embraced senators who voted in favor of the legislation as they snapped photos with them.
According to a report from the Williams Institute, an estimated 275,000 undocumented LGBT Americans would have a path to citizenship as the legislation currently stands if it reaches President Obama’s desk and is signed into law.
In a statement after the vote, Obama, who called for a gay-inclusive bill as part of his vision for reform, commended the committee for completing work on the legislation and urged a floor vote as soon as possible.
“None of the committee members got everything they wanted, and neither did I , but in the end, we all owe it to the American people to get the best possible result over the finish line,” Obama said. “I encourage the full Senate to bring this bipartisan bill to the floor at the earliest possible opportunity and remain hopeful that the amendment process will lead to further improvements.”
Leahy’s announcement came after an Associated Press report saying the White House had asked the Vermont senator to hold off on offering the amendments until the measure goes before the full Senate.
It’s unclear whether Leahy will introduce the amendments once the legislation reaches the Senate floor, which is expected early in June. Passage on the Senate floor would be significantly more difficult than passage would have been in committee if a 60-vote threshold is necessary to overcome a filibuster.
After the committee reported out the bill, the Washington Blade asked Sen. Chuck Schumer (D-N.Y.) whether he wants to see UAFA brought up as an amendment on the Senate floor.
“You’ll have to ask Sen. Leahy about that,” Schumer replied. “As you heard, I believe strongly in UAFA. I don’t think I have to say anything more; I spoke long enough on it.”
Although the amendment for same-sex couples wasn’t included, the committee on Monday rejected an amendment that would have removed a provision supported by LGBT advocates that was included in the base bill.
Sen. Charles Grassley (R-Iowa) offered two amendments that would have eliminated the repeal of the one-year filing deadline for asylum seekers. One amendment failed on a vote of 6-12 and the other failed on a vote of 9-9.
LGBT advocates had supported that provision in the base bill because LGBT asylum seekers often don’t know they have a one-year deadline to apply for asylum in the United States, or lack financial resources to make the application.
Chile
Far-right José Antonio Kast elected Chile’s next president
Advocacy group declares ‘state of alert’ over president-elect’s opposition to LGBTQ rights
José Antonio Kast on Sunday won the second round of Chile’s presidential election.
Kast is the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018. He defeated Jeannette Jara, a member of the Communist Party of Chile who was former labor and social welfare minister in outgoing President Gabriel Boric’s government, by a 58.2-41.8 percent margin.
The election’s first round took place on Nov. 16.
Kast and Jara faced each other in the runoff after no candidate received at least 50 percent of the vote in the first round. Kast will take office on March 11.
“Under his leadership, we are confident Chile will advance shared priorities to include strengthening public security, ending illegal immigration, and revitalizing our commercial relationship,” said U.S. Secretary of State Marco Rubio on Sunday in a statement. “The United States looks forward to working closely with his administration to deepen our partnership and promote shared prosperity in our hemisphere.”
The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. The president-elect has also publicly opposed the country’s marriage equality law that took effect in 2022.
The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, in a statement acknowledged the election result. Movilh also declared a “state of alert, given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”
“We urge the president-elect and far-right sectors that follow him to understand and internalize (the fact) that the rights of LGBTIQ+ people are inscribed in the universality of human rights, and they are not built upon an ideology or a political trend,” said Movilh in its statement. “This is not, and never has been, a left-wing or right-wing issue, although some on both sides have gone to great lengths to suggest otherwise, without any basis other than their own partisan or electoral aspirations.”
Organizado Trans Diversidades, a group that advocates on behalf of trans and nonbinary Chileans, on social media said it will “continue the fight for our community’s human rights.”
Virginia
DOJ seeks to join lawsuit against Loudoun County over trans student in locker room
Three male high school students suspended after complaining about classmate
The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.
The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.
The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.
The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”
“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”
“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.
Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.
The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.
The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”
The White House
As house Democrats release Epstein photos, Garcia continues to demand DOJ transparency
Blade this week sat down with gay House Oversight Committee ranking member
Democrats on the House Oversight Committee have released new photos from Jeffrey Epstein’s email and computer records, including images highlighting the relationship between President Donald Trump and the convicted sex offender.
Epstein, a wealthy financier, was found guilty of procuring a child for prostitution and sex trafficking, serving a 13-month prison sentence in 2008. At the time of his death in prison under mysterious circumstances, he was facing charges of sex trafficking and conspiracy to traffic minors.
Among those pictured in Epstein’s digital files are Trump, former President Bill Clinton, former Trump adviser Steve Bannon, actor and director Woody Allen, economist Larry Summers, lawyer Alan Dershowitz, entrepreneurs Richard Branson and Bill Gates, and Andrew Mountbatten-Windsor.
One photo shows Trump alongside Epstein and a woman at a Victoria’s Secret party in New York in 1997. American media outlets have published the image, while Getty Images identified the woman as model Ingrid Seynhaeve.
Oversight Committee Democrats are reviewing the full set of photos and plan to release additional images to the public in the coming days and weeks, emphasizing their commitment to protecting survivors’ identities.
With just a week left for the Justice Department to publish all files related to Epstein following the passage of the Epstein Files Transparency Act, which requires the Justice Department to release most records connected to Epstein investigations, the Washington Blade sat down with U.S. Rep. Robert Garcia (D-Calif.), the ranking member on the Oversight Committee to discuss the current push the release of more documents.
Garcia highlighted the committee’s commitment to transparency and accountability.
“We’ve said anything that we get we’re going to put out. We don’t care who is in the files … if you’ve harmed women and girls, then we’ve got to hold you accountable.”
He noted ongoing questions surrounding Trump’s relationship with Epstein, given their long history and the apparent break in friendship once Trump assumed public office.
“There’s been a lot of questions about … Donald Trump and Jeffrey Epstein. They were best friends for 10 years … met women there and girls.”
Prior to Trump’s presidency, it was widely reported that the two were friends who visited each other’s properties regularly. Additional reporting shows they socialized frequently throughout the 1990s and early 2000s, attending parties at Trump’s Mar-a-Lago resort in Florida and Epstein’s residences. Flight logs from an associate’s trial indicate Trump flew on Epstein’s private jet multiple times, and Epstein claimed Trump first had sex with his future wife, Melania Knauss, aboard the jet.
“We’ve provided evidence … [that leads to] questions about what the relationship was like between Donald Trump and Jeffrey Epstein.”
Garcia stressed the need for answers regarding the White House’s role in withholding information, questioning the sudden change in attitude toward releasing the files given Trump’s campaign promises.
“Why is the White House trying to cover this up? So if he’s not covering for himself … he’s covering up for his rich friends,” Garcia said. “Why the cover up? Who are you hiding for? I think that’s the question.”
He confirmed that Trump is definitively in the Epstein files, though the extent remains unknown, but will be uncovered soon.
“We know that Trump’s in them. Yeah, he’s been told. We know that Trump’s in them in some way. As far as the extent of it … we don’t know.”
Garcia emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or personal connections.
“All these powerful men that are walking around right now … after abusing, in some cases, 14‑ and 15‑year‑old girls, they have to be held accountable,” he said. “There has to be justice for those survivors and the American public deserves the truth about who was involved in that.”
He added that while he is the ranking member, he will ensure the oversight committee will use all available political tools, including subpoenas — potentially even for the president.
“We want to subpoena anyone that we can … everyone’s kind of on the table.”
He also emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or relationship with the president.
“For me, they’re about justice and doing the right thing,” Garcia said. “This is about women who … were girls and children when they were being abused, trafficked, in some cases, raped. And these women deserve justice.”
“The survivors are strong.”
Deputy White House Press Secretary Abigail Jackson issued a statement regarding the release the photos, echoing previous comments from Republicans on the timing and framing of the photos by the Oversight Committee.
“Once again, House Democrats are selectively releasing cherry-picked photos with random redactions to try and create a false narrative,” Jackson said.
“The Democrat hoax against President Trump has been repeatedly debunked and the Trump administration has done more for Epstein’s victims than Democrats ever have by repeatedly calling for transparency, releasing thousands of pages of documents, and calling for further investigations into Epstein’s Democrat friends,”
In a press release on Friday, Garcia called for immediate DOJ action:
“It is time to end this White House cover-up and bring justice to the survivors of Jeffrey Epstein and his powerful friends. These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth. The Department of Justice must release all the files, NOW.”
(Photo courtesy of the U.S. House Oversight Committee)
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