National
Illinois marriage bill author defends non-vote
Harris rebuts critics, says delay puts measure in better position for fall
LGBT rights advocates expressed anger on Friday after the Illinois House adjourned its legislative session without voting on a same-sex marriage bill.
Some of the criticism fell on gay Rep. Greg Harris, the author of the bill, for failing to bring it to a vote. The Illinois House speaker, Michael Madigan, has extended a deadline for the bill, which will allow it to come to a vote in a November veto session.
In a conversation with the Washington Blade on Monday, Harris said that a last-minute media blitz by marriage equality opponents had rankled some of the bill’s likely supporters. Harris said the decision to table the bill would lead to a better result in the long term, as colleagues could avoid having to go on the record before they were prepared to.
“I think that at the very end they realized that back in their home districts for some folks that there were horrendous distortions of the truth,” Harris told the Blade. “They wanted to be sure that their constituents understand that — one — this bill treats all people equally and — two — that we also respect the rights and freedoms of religions.”
Though following the vote, some same-sex marriage advocates criticized the bill’s author for not getting his colleagues on record, Harris said he believes the bill will have a better chance of passing before the end of the year if he’s able to give his colleagues more time to lay the groundwork in their districts.
“I think it is very clear that at the end when some of my colleagues came to me and said should the bill be called that day, they would not be able to vote for it, until they had time to get back to their districts and undo some of the misconceptions and misinformation out there and truly explain what the bill meant,” Harris said. “If a bunch of people had voted no, then it becomes incredibly difficult then to change those votes to yes should it come back later.”
But some longtime Illinois activists remain angry over the decision to table the measure, and claim the process was bungled due to secrecy and a myriad of political miscalculations.
“I am extremely angry at him,” said longtime Illinois gay activist Rick Garcia, senior policy adviser at Illinois advocacy group The Civil Rights Agenda. “I think it’s justified anger. But there are few with [Rep. Harris’] history of advocating for the gay community, and people with HIV, and his successes are innumerable.”
Garcia, who called Friday’s aborted vote “a disaster,” mixed praise with scorn when discussing Harris’ handling of the bill with the Blade on Monday.
“But I don’t want to point fingers or cast blame, because I’m just as much to blame,” Garcia said.
“I’m really angry and pissed off,” Garcia told the Blade. “I’m very angry at myself for allowing this fiasco to happen. I’ve passed all sorts of gay rights legislation in Illinois, and for months and months and months have been urging a true coalition approach — there was none — I have been urging we do something as simple as a roll call, and the sponsor would not share his roll call with any of us. Without a roll call we might as well just have blinders on, because we don’t know where we’re going or who to talk to or what to do. I also urged that we have a campaign manager for this, and then a guy who was Mr. Madigan’s staffer was the one that was hired. Shaw Decremer.”
Garcia told the Blade that he’s working with other Illinois LGBT community leaders to assemble a new coalition to work toward passage in the veto session, and is actively seeking leaders of a multitude of community organizations and people of color, “not just straight white boys.”
“They can hire as many straight professional lobbyists as they desire but they’re not going to drive the bus anymore,” he said. “Our community is, our supporters are, and that’s what we’re going to do.”
Rep. Harris disputes the idea that community leaders were kept in the dark regarding the legislative process.
“I think there are layers and layers of involvement,” Harris said. “Each one is important and each one overlaps and interacts. There’s the public relations messaging. There’s the organizing of business leadership, there’s organizing of leadership in the Latino community, the African-American community, there’s on-the-ground, in-district organizing, there’s organizing of PFLAG families. There are many, many layers of organizing and I think people did wonderful, wonderful jobs.”
“Look at how fast we’ve moved on this issue,” Harris continued. “We didn’t get the result we wanted when we wanted, but we’re perfectly positioned to win.”
Harris said that opponents of same-sex marriage attempted to scuttle the legislation by turning historically marginalized communities against one another, and did so by using “robocalls” to pressure lawmakers and mobilizing religious leaders to lobby against the bill in a public, and — as Harris sees it — deceptive way.
“We’ve seen in state after state the same tactics from some of our opponents that have been used to try to drive a wedge between communities, and that is just not what this bill does,” Harris said. “If you read the press releases from some of the different religious groups that are affiliated with our opposition, they are crowing and taking credit,” he says.
Harris says that groups like the Urban League and the NAACP, as well as prominent African-American supporters of the bill worked very hard to try to combat what Harris called the “misinformation” that opponents of the bill were pushing in districts where support was tenuous, but that not enough work had been done to promote the religious liberties espoused in the bill, and that he believes his colleagues need more time to secure their positions with their constituents back home, or risk being threatened in the primaries.
Harris sounded resolute when asked about not backing down and calling a vote on the marriage bill in the November veto session.
“[My colleagues] made a commitment that when we come back they will be willing to call a vote, so I’m going to take them at their word.”
Harris did not comment on whether speaker Madigan had been as supportive and enthusiastic about this legislation as he had been during the successful 2010 push for civil unions, saying the speaker had publicly stated his support for the marriage bill.
Harris praised the members of the African-American legislative caucus and the Republican caucus — namely GOP co-sponsors Ron Sandak and Ed Sullivan — who backed the bill despite strong pressure from opponents. However, Harris said that an impending battle over the minority leader position in the House forced some GOP lawmakers to hold back from supporting the bill at this time, saying they could not vote in favor of the bill because of “intra-party politics.”
The longtime lawmaker — who authored the state’s comprehensive non-discrimination bill, and the state’s successful civil unions bill — confirmed that the leader of the African-American caucus, Rep. Ken Duncan — also a sponsor of the bill — had encouraged him to call the vote “earlier in the session.” However, Harris said the caucuses themselves took no position on the bill, so pressure to not call the bill to a vote did not come from the Black Caucus or the Republican caucus, but rather from individual lawmakers who Harris said expressed nervousness about coming primaries, and other issues specific to their home districts.
Harris encouraged same-sex marriage supporters not to get bogged down in looking for someone to blame, but to keep the pressure on lawmakers in anticipation of another chance at a vote in this fall’s session.
“We need to also remember our history and focus on the fact that our opponents will do whatever they need to stop full equality from coming, but the direction of this country is clear, and equality and fairness will win out,” Harris said.
“Also remember other history in the state of Illinois — back in 1975, the very first time that the Human Rights Act was put into place that protected people who are LGBT from being fired or denied housing or public accommodation because of their sexual orientation. And that took 30 years to pass, and there were ups and downs during that process. When I first introduced the marriage bill in 2007, I’m not sure that anyone thought that we would be as a nation in the position we are today where there’s been so much progress on this issue. But we have to remember that there is still hard work, that our opposition is fierce, that they have a strategy. We have to be sure that we are uniters and not dividers of communities, and we have to stand up for equality — not just for ourselves — but for all other people who suffer at the hands of repression.”
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
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