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Advocates see momentum for ENDA, other bills

Anti-bullying measure, marriage-related bills also on tap

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Rea Carey, NGLTF, National Gay and Lesbian Task Force, immigration reform, gay news, Washington Blade
Rea Carey, NGLTF, National Gay and Lesbian Task Force, immigration reform, gay news, Washington Blade

Rea Carey of the National Gay and Lesbian Task Force said she wants action on comprehensive immigration reform.  (Photo by Kathy Plate)

As lawmakers return from August recess, advocates are anticipating movement on pro-LGBT legislation in the Senate during the upcoming weeks, although the Employment Non-Discrimination Act appears to have the most momentum.

The long-pursued legislation to bar anti-LGBT job bias passed out of committee in July on a bipartisan basis and supporters of the bill are expecting a vote sometime this fall.

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said ENDA is the legislative focus for the organization as well as for the multi-group Americans for Workplace Opportunity campaign it formed after the panel vote.

“Obviously the congressional calendar has many agenda items but we fully expect to see a Senate vote on ENDA in the fall and we’re working with our partners in the Americans for Workplace Opportunity campaign to build support for this critical bill,” Cole-Schwartz said.

But when ENDA will come up in the Senate this fall remains unclear. The office of Senate Majority Leader Harry Reid (D-Nev.), hasn’t responded to multiple requests from the Blade to comment on the timing for an ENDA floor vote since the bill was reported out of committee. Reid has previously pledged in a Pride statement this year to bring up the legislation “soon.”

Allison Preiss, spokesperson for the Senate Health, Education, Labor & Pensions Committee, echoed remarks from HRC by saying panel Chair Tom Harkin (D-Iowa) is hoping a vote would take place this fall, but wasn’t more specific.

“Chairman Harkin is also optimistic that this fall, the Senate will consider the Employment Non-Discrimination Act, which passed the HELP Committee on a bipartisan basis and includes for the first time protections against discrimination based not only on sexual orientation but on gender identity as well,” Preiss said.

Christian Berle, legislative director for Freedom to Work, said the time has come for a Senate floor vote on ENDA because the organization believes that sufficient lobbying has occurred to reach the 60-vote threshold required to overcome a filibuster.

“Based on Freedom to Work’s outreach to Senate Republicans since ENDA passed out of the HELP Committee, we are confident that we have the 60 votes necessary to advance and pass this critical legislation,” Berle said. “It is now time for Senator Reid to keep his six-and-a-half year old commitment to bring ENDA to the floor of the Senate as soon as possible.”

Moreover, Berle said holding the Senate vote on ENDA as soon as possible is necessary to generate momentum to move the legislation in the Republican-controlled House, where passage of ENDA will be challenging to say the least. Two options that have been floated are attaching ENDA to a larger vehicle bill or a discharge petition.

“The sooner we pass ENDA out of the Senate, the sooner we can begin a robust campaign to get ENDA through the House of Representatives and on the president’s desk,” Berle said. “Whether we attach ENDA to a spending bill in the Senate or launch a discharge petition in the House, we know that we can only win on ENDA if we are willing to try.”

But ENDA isn’t the only piece of pro-LGBT legislation that is pending on the Senate calendar for a vote. The Senate HELP Committee has also reported out education reform legislation known as the Strengthening America’s Schools Act that includes anti-bullying measures known as the Student Non-Discrimination Act and the Safe Schools Improvement Act.

Shawn Gaylord, director of public policy for the Gay, Lesbian and Straight Education Network, also said he’s expecting a vote on this legislation in the Senate in the fall.

“GLSEN anticipates ESEA reauthorization to gain momentum in mid to late fall, and our continued efforts to build bipartisan support in both chambers will ensure this LGBT-inclusive bill to be strongly positioned to move forward,” Gaylord said.

Preiss maintained that Harkin is committed to working for passage of the bill, which would reauthorize the Elementary & Secondary Education Act, as she touted the LGBT provisions in the bill.

“Chairman Harkin is committed to working with leadership on a path forward to reauthorize the Elementary and Secondary Education Act, the Committee-passed version of which contains a number of important anti-bullying provisions,” Preiss said.

Another LGBT-relevant bill that has been reported out of the committee is the Charlie Morgan Act, which would ensure veterans in same-sex marriages have access to certain spousal benefits.

It’s unclear if this legislation is still necessary now that the Supreme Court has struck down the Defense of Marriage Act and the Obama administration has said it would no longer enforce Title 38, which had barred gay veterans from receiving these benefits. Jeff Frank, a spokesperson for the Senate Committee on Veterans Affairs Chair Bernie Sanders (I-Vt.), said he doesn’t have any predictions about the bill.

Also on the docket is the fiscal year 2014 financial services appropriations bill. That legislation contains a provision inserted by Sen. Jeanne Shaheen (D-N.H.) that would prohibit LGBT discrimination in the juror selection process for federal courts.

Reid’s office didn’t immediately respond to a request for comment on when — if it all — these pro-LGBT measures would come up for a Senate floor vote.

Many other bills related to the federal government’s recognition of same-sex unions are also pending even in the wake of the Supreme Court decision against DOMA, although none besides the Charlie Morgan Act have yet to be approved by committee.

The most prominent among them is the Respect for Marriage Act, which was introduced by Sen. Dianne Feinstein (D-Calif.) and would fully repeal DOMA. Advocates say that legislation to ensure married so gay couples can reap federal benefits of marriage that are still in question if they marry in one jurisdiction and move to a state that doesn’t recognize same-sex marriage. Among these benefits are Social Security benefits and veterans benefits.

A Senate Judiciary Committee aide, who spoke on condition of anonymity, said Sen. Patrick Leahy (D-Vt.) has plans for action on the legislation in committee this fall.

“Chairman Leahy is committed to a full repeal of the Defense of Marriage Act, which is why he is working with Sen. Feinstein on the Respect for Marriage Act,” the aide said. “We are in the process of pushing for quick implementation of the Windsor decision, and look forward to a Senate Judiciary Committee hearing on the bill later this fall. After the hearing, the Chairman will consider moving legislation through the committee.”

Other pending pro-LGBT legislation before the Senate that hasn’t seen committee action is the Housing Opportunities Made Equal (HOME) Act, which is sponsored by Sen. Sherrod Brown (D-Ohio) and would bar discrimination against LGBT people in housing programs. Another bill sponsored by Sen. Chuck Schumer (D-N.Y.) known as the Tax Parity for Health Plan Beneficiaries Act would ensure gay couples in civil unions won’t be taxed on employer-provided health benefits.

Even if these bills pass the Senate, it remains to be seen whether they  can muster enough support to pass in the Republican-controlled House. But it’s not unprecedented. Earlier this year, under significant pressure from women’s advocates and other groups, the House passed reauthorization of the Violence Against Women Act with protections for LGBT victims of domestic violence.

Bills in the House that currently lack Senate companions are the Social Security Equity Act, which would allow Social Security benefits to flow to gay couples; post-“Don’t Ask, Don’t Tell” legislation known as the Restore Honor to Service Members Act; and a bill to help LGBT homeless youth known as the Runaway & Homeless Youth Act. Another version of the Domestic Partnership Benefits & Obligations Act is expected to be introduced imminently by Rep. Mark Pocan (D-Wis.).

Rea Carey, executive director of the National Gay & Lesbian Task Force, said while issues like Syria may dominate the discussions among lawmakers in the coming weeks, she still expects them to advance legislation to help LGBT people and other social justice causes.

“While the situation in Syria is understandably front and center for Congress — especially as putting our brave service members, including LGBT service members, in harm’s way is being considered — members of Congress must also simultaneously focus on vitally important domestic issues as they return from recess,” Carey said. “These include job and economic security issues such as the urgent passage of the Employment Non-Discrimination Act and freedom and justice issues such as comprehensive and inclusive immigration reform.”

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Politics

Buttigieg indicates he may run for president in 2028 

Former Transportation Secretary was in Biden-Harris administration’s Cabinet

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Former U.S. Transportation Secretary Pete Buttigieg speaking at the 2024 Democratic National Convention in Chicago. (Washington Blade photo by Michael Key)

Former Transportation Secretary Pete Buttigieg told a podcaster he is considering throwing his hat in the ring for president once again.

“I don’t know,” Buttigieg told Steven Bartlett, the British host of The Diary of a CEO, the most popular top business and tech podcast on Spotify, which aired Monday. “I think I’m more inclined than not, but there’s so much we don’t know.”

“There’s so much I don’t even know about what’s going to happen this year, let alone … what we need to know later,” he added.

Buttigieg is no stranger to running for the Oval Office.

In 2019, the former South Bend, Ind., mayor was a serious contender in the Democratic primary for the 2020 presidential election but ultimately ended his campaign and endorsed Joe Biden.

In May, an Emerson College Polling survey found Buttigieg at the top of the list of potential presidential contenders, leading California Gov. Gavin Newsom, New York Congresswoman Alexandria Ocasio-Cortez, former Vice President Kamala Harris, and others.

In addition to discussing his future in federal politics, Buttigieg also discussed President Donald Trump’s handling of the Iran war — which reached its 5-month mark two weeks ago — the changing landscape of U.S. jobs due to the rise of artificial intelligence, and the growing national debt, all issues he could face if he ultimately returns to the White House.

Following his 2020 presidential campaign, Buttigieg gained prominence within the Democratic Party, eventually leading to his confirmation as Transportation Secretary. In February 2021, he became the first openly gay Cabinet member to be confirmed by the U.S. Senate.

In addition to his experience as an elected official, the 44-year-old served as a Navy intelligence officer in the reserves from 2009-2017, including a seven-month deployment to Afghanistan in 2014. Buttigieg came out as gay in 2015 and later married his husband, Chasten Glezman, in 2018. The couple now has two children: twins.

Buttigieg also has an extensive educational background.

He graduated from Harvard University with a bachelor’s degree in history and literature and later became a Rhodes Scholar, attending the University of Oxford, where he earned a bachelor’s degree in philosophy, politics, and economics.

This is not the first time Buttigieg has made headlines this year.

In June, he went public about being falsely accused of posing a threat to his children’s safety. An anonymous police report claimed he was a danger to his 4-year-old twins and was not allowed to be with them until after police interviews were conducted.

The police report was later determined to be false. The Washington Blade reached out to the Michigan State Police to ask what course of action, if any, would be taken against the woman who filed the false report, but the agency did not answer the question.

The Blade reached out to Buttigieg’s team for comment on his potential 2028 presidential bid, but did not hear back before publication. 

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Congress

House blocks effort to codify transgender servicemember ban into law

Lawmakers approved two anti-trans NDAA amendments

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The Pentagon (Photo by icholakov/Bigstock)

The U.S. House of Representatives on Tuesday rejected an amendment to the National Defense Authorization Act that would have codified a ban transgender servicemembers in the military.

The bipartisan vote was 212-217.

The NDAA is for the 2027 fiscal year and sets policies for the Defense Department programs and activities and the national security programs of the Department of Energy.

U.S. Rep. Lauren Boebert (R-Colo.) proposed the amendment on July 21. It stated that all personnel are required to serve in accordance with their biological sex, citing military readiness and discipline.

Human Rights Campaign Senior Director of Government Affairs Jennifer Pike Bailey stated that she is grateful for the bipartisan vote that rejected President Donald Trump and Defense Secretary Pete Hegseth’s “dangerous and discriminatory policy that has kicked brave transgender servicemembers out of the military and weakened our national security.”

“Everyone who meets the same rigorous standards should be able to serve their country. We should honor that patriotism, particularly in this moment where we are witnessing brave servicemembers making the ultimate sacrifice for our country, instead of ending their careers and politicizing their existence. We’re grateful that a permanent extension of this ban failed, and we will keep fighting to reverse this senseless policy,” Bailey said.

Mark Takano, chair of the Congressional Equality Caucus, stated that he and his members put in countless hours of work to kill the amendment.

“When Americans know they or their families are going to be targeted by or not supported by the military, that leads them to avoid signing up to serve or staying in the service — making it harder to keep the ranks of the armed services full and our nation safe. My colleagues in the Equality Caucus and I will continue working to prevent these attacks on our servicemembers and their families from becoming law,” Takano said.

According to the Congressional Equality Caucus, two other bills could potentially be passed that would also target the transgender community, both of which were proposed by U.S. Rep. Nancy Mace (R-S.C.).

The first was a bill that would have prohibited gender-related medical care under TRICARE and to prevent TRICARE from covering certain gender-related medical procedures and treatments, which was approved in a vote of 219-208.

The second was a bill that would have prohibited male participation in female sports at DoDEA schools. DoDEA schools are Department of Defense Dependents Schools, which is a network of primary and secondary schools.

The amendment was approved in a vote of 221-203. 

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Congress

Lindsey Graham has passed away. Do LGBTQ people have a right to celebrate his death?

SC senator opposed marriage equality, despite speculation over sexual orientation

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The late-U.S. Sen. Lindsey Graham (R-S.C.) in 2022. (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 16.

By SPENCER MACNAUGHTON | On Sunday, the office of Lindsey Graham reported that the Republican senator and Trump ally from South Carolina died “from a brief and sudden illness.” The office said that the preliminary cause of death was a rupture of his aorta due to a hardening of his arteries.

Since then, many folks in the LGBTQ community, including a large number of Uncloseted followers, have — for better or worse — celebrated the senator’s death. When we posted the news on our Instagram page on Sunday, our followers commented:

  • “Maybe he rest in hell”—this one got 194 likes.
  • “She made sure to wait until Pride was over.”
  • “And just like that the world is a better place.”

These responses are fueled by allegations that the senator lived as a closeted gay man while supporting policies that would roll back LGBTQ rights. In 2006, he voted in support of a constitutional amendment that would have restricted marriage to only being between one man and one woman. After gay marriage became legal across the U.S. in 2015, he said “I am a proud defender of traditional marriage.” And in 2022, he told CNN he would oppose the Respect for Marriage Act and later reiterated that states should decide the issue of marriage.

Outside the Washington rumor mill, there wasn’t much evidence that Graham could be gay until 2020, when adult video performer Sean Harding wrote on Twitter that “There is a homophobic republican senator who is no better than Trump who keeps passing legislation that is damaging to the lgbt and minority communities. Every sex worker I know has been hired by this man. Wondering if enough of us spoke out if that could get him out of office?”

Harding followed up with another post, writing “If you’d be willing to stand with me against LG please let me know,” and, “So far I have two individuals who would be willing to go public and support my claims. Anyone else?”

A few days later, another anonymous sex worker came forward and made similar allegations.

But after that, there was silence, with some believing these sex workers were slapped with non-disclosure agreements (NDAs). And while at least one lawyer took to Twitter saying that he’d “be more than happy to read the NDAs and look for loopholes. For free!” nobody else came forward.

That is until earlier this week, when author Jesse James Rose posted to her Instagram that Graham had paid her for sex work prior to her gender transition. Rose wrote that “Most of you know him as the homophobic senator from South Carolina but to me he will always be the man who paid a twinky pre-transition college student a fat stack of cash to do unspeakable things to him in a hotel room while he wore red lingerie.”

This dynamic has created a complicated question for LGBTQ people: Is it appropriate to posthumously celebrate the death of a man who railed against our community and used his position of power to make our lives less equitable and less safe? Is it even more fair to criticize him if he was living a secret queer life?

Or should we go high and give his track record on LGBTQ issues a positive spin now that he’s no longer with us?

In a time where social media feels like a breeding ground for angertainment, I’ll admit that the immediacy of the response to his death at first felt intense.

At the same time, I knew I didn’t want to send thoughts or prayers to a man who tried to rip my rights away.

If the alleged NDAs that Graham handed his sex workers were legitimate, they likely evaporated after his death. So now really may be the first time people can speak their truth and offer an accurate window into the absurd hypocrisy between Graham’s public and private life.

For that, I think it’s fair game to speak candidly about the story he may have worked hard to muzzle while he was here.

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