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Senate tees up historic vote on gay appellate court nominee

Hughes would become first openly LGBT person to sit on fed’l appeals court

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

The U.S. Senate is set to vote Tuesday on a gay judicial nominee to a federal appeals court (Washington Blade file photo by Michael Key).

The U.S. Senate is poised to make history on Tuesday when it may confirm an openly gay man for the first-time ever to a seat on a federal appeals court.

The Senate is set to vote on the confirmation of Todd Hughes, whom President Obama nominatedĀ in February, to be a judge on the U.S. Court of Appeals for the Federal Circuit.

After proceeding to the nomination at 11:15 am, the Senate will engage in up to 30 minutes of equally divided debate prior to the vote. If all time is used, at around 11:45 am, the Senate will vote on the nomination.

Adam Jentleson, a Reid spokesperson, said an agreement with Republicans was reached to proceed with the nomination, so 60 votes to end a filibuster won’t be necessary. A simple majority vote can confirm Hughes.

It’s unlikely Hughes will face difficulties on the Senate floor. The Senate Judiciary Committee reported out his nomination in July by voice vote.

All previous gay federal judicial nominees were confirmed by the Senate to seats to lower-level seats on district courts. Never before has the Senate confirmed an openly gay person to a federal appeals court.

Obama made the attempt before.Ā In 2010, Obama nominated Edward Dumont to the U.S. Court of Appeals for the Federal Circuit, but that nomination was rescinded after no action was taken on the appointment for 18 months and DuMont requested his name be withdrawn.

Hughes’ confirmation would also mean that only one openly gay judicial nominee remains pending before the Senate: the nomination ofĀ William Thomas, a Florida judge named to the U.S. District Court for the Southern District of Florida. He’d be the first openly gay black male to sit on the federal bench.

According to a report in the Tampa Bay Times this week, Sen. Marco Rubio (R-Fla.) continues to hold the Thomas nomination ā€” citing concerns about his record ā€” even though the senator has relinquished his hold on another judicial nominee to the same court.

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Congress

House moves to block gender-affirming care for children of service members

Rules Committee approved NDAA on Monday

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

House Republicans added a provision to the annual must-pass military spending bill, filed over the weekend, that would prohibit the children of U.S. service members from accessing gender-affirming healthcare interventions.

President Joe Biden has promised to veto legislation that discriminates against the trans community, and the likelihood that the bill would pass through the U.S. Senate is uncertain with Democrats controlling the upper chamber until the 119th Congress is convened on Jan. 3.

Nevertheless, the GOP’s National Defense Authorization Act was passed along party lines by the U.S. House Rules Committee on Monday night, and a floor vote could come as early as Tuesday.

During the hearing yesterday, the committee’s top Democrat, U.S. Rep. Adam Smith (Wash.) said the NDAA negotiated by the chairs and ranking members of the House and Senate Armed Services Committees did not include this provision barring gender-affirming care and it was House Speaker Mike Johnson (R-La.) who insisted that it be added after the fact.

Meanwhile, Senate Majority Leader Chuck Schumer (D-N.Y.) is urging House Republicans to attach the Antisemitism Awareness Act, which is aimed at college campuses, to the NDAA, but Johnson reportedly wants the Democratic leader to put the bill to a floor vote on its own ā€” a move that would inhibit his party’s ability to confirm as many judicial nominees as possible before control of the upper chamber changes hands.

Smith’s office published a statement objecting to the anti-transgender language added by the Republican leader:

ā€œFor the 64th consecutive year, House and Senate Armed Services Committee Democrats and Republicans worked across the aisle to craft a defense bill that invests in the greatest sources of Americaā€™s strength: Service members and their families, science and technology, modernization, and a commitment to allies and partners. Ā 

Rooted in the work of the bipartisan Quality of Life Panel, the bill delivers a 14.5 percent pay raise for junior enlisted service members and 4.5 percent pay raise for all other service members. It includes improvements for housing, health care, childcare, and spousal support.

House Armed Services Democrats were successful in blocking many harmful provisions that attacked DEI programs, the LGBTQ community, and womenā€™s access to reproductive health care. It also included provisions that required bipartisan compromise. And had it remained as such, it would easily pass both chambers in a bipartisan vote.

However, the final text includes a provision prohibiting medical treatment for military dependents under the age of 18 who are diagnosed with gender dysphoria. Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong. This provision injected a level of partisanship not traditionally seen in defense bills. Speaker Johnson is pandering to the most extreme elements of his party to ensure that he retains his speakership. In doing so, he has upended what had been a bipartisan process.

I urge the speaker to abandon this current effort and let the House bring forward a bill ā€” reflective of the traditional bipartisan process ā€” that supports our troops and their families, invests in innovation and modernization, and doesnā€™t attack the transgender community.ā€

Human Rights Campaign President Kelley Robinson also issued a statement, arguing that ā€œThis legislation has been hijacked by Speaker Mike Johnson and anti-LGBTQ+ lawmakers, who have chosen to put our national security and military readiness at risk for no other reason than to harm the transgender kids of military families.ā€

ā€œThe decisions that families and doctors make for the wellbeing of their transgender kids are important and complex, especially so for military families, and the last thing they need is politicians stepping in and taking away their right to make those decisions,” she said.

“When this comes up in the full House, lawmakers need to vote down this damaging and dehumanizing legislation,” Robinson added.

ā€œThis is a dangerous affront to the dignity and well-being of young people whose parents have dedicated their lives to this countryā€™s armed forces,ā€ saidĀ Mike Zamore, national director of policy and government affairs at the American Civil Liberties Union.

ā€œMedical care should stay between families and their doctors but this provision would baselessly and recklessly inject politics into the health care military families receive,” he said. “Nobody should have to choose between serving the country and ensuring their child has the health care they need to live and thrive. Members of Congress must vote against the defense bill because of the inclusion of this deeply harmful, unconstitutional provision.ā€

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Congress

Protests against anti-trans bathroom policy lead to more than a dozen arrests

Demonstrations were staged outside House Speaker Mike Johnson’s (R-La.) office

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Protest outside House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building (Washington Blade photo by Christopher Kane)

About 15 protestors affiliated with the Gender Liberation Movement were arrested on Thursday for protesting the anti-trans bathroom policy that was introduced by U.S. Rep. Nancy Mace (R-S.C.) and enacted last month by U.S. House Speaker Mike Johnson (R-La.).

Whistleblower Chelsea Manning and social justice advocates Raquel Willis and Renee Bracey Sherman were among those who were arrested in the women’s bathroom and the hallway outside Johnson’s office in the Cannon House Office Building.

Demonstrators held banners reading ā€œFLUSH BATHROOM BIGOTRYā€ and ā€œCONGRESS: STOP PISSING ON OUR RIGHTS!ā€ They chanted, ā€œSPEAKER JOHNSON, NANCY MACE, OUR GENDERS ARE NO DEBATE!ā€ and “WHEN TRANS FOLKS ARE UNDER ATTACK WHAT DO WE DO? ACT UP, FIGHT BACK!”

Protests began around 12:10 p.m. ET. Within 30 minutes, Capitol Police arrived on the scene, began making arrests, and cleared the area. A spokesperson told Axios the demonstration was an illegal violation of the D.C. code against crowding, obstructing or incommoding.

Mace and her flame-throwing House GOP allies have said the bathroom policy was meant to target Sarah McBride, the Delaware state senator who will become the first transgender member of Congress after she is seated in January.

LGBTQ groups, elected Democrats, and others have denounced the move as a bigoted effort to bully and intimidate a new colleague, with many asking how the policy’s proponents would enforce the measure.

Outside her office in the Longworth House Office Building, the Washington Blade requested comment from Mace about the protests and arrests.

“Yeah, I went to the Capitol Police station where they were being processed, so I’ll be posting what I said shortly,” the congresswoman said.

U.S. Rep. Nancy Mace (R-S.C.) (Washington Blade photo by Christopher Kane)

Using an anti-trans slur, Mace posted a video to her X account in which she says, “alright, so some tranny protestors showed up at the Capitol today to protest my bathroom bill, but they got arrested ā€” poor things.”

“So I have a message for the protestors who got arrested,” the congresswoman continued, and then spoke into a megaphone as she read the Miranda warning. “If you cannot afford an attorney ā€” I doubt many of you can ā€” one will be provided to you at the government’s expense,” she said.

ā€œEveryone deserves to use the restroom without fear of discrimination or violence. Trans folks are no different. We deserve dignity and respect and we will fight until we get it,ā€ Gender Liberation Movement co-founder Raquel Willis said in a press release.

ā€œIn the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States,” she said. “Now, as Republican politicians, try to remove us from public life, Democratic leaders are silent as hell.”

Willis continued, “But we canā€™t transform bigotry and hate with inaction. We must confront it head on. Democrats must rise up, filibuster, and block this bill.ā€

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Trump nominates gay man for Treasury secretary

Hedge fund executive would be the second openly gay cabinet secretary

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Scott Bessent (Screen capture: YouTube)

President-elect Donald Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury secretary on Friday.

Once a prolific donor to Democrats and a protege of liberal billionaire philanthropist George Soros, if confirmed Bessent would be the first LGBTQ official to lead the Treasury Department and the second gay cabinet secretary after Transportation Secretary Pete Buttigieg.

“Trumpā€™s selection of Bessent, who is also openly gay, married, and has two children with his partner, is also a reminder of President Trumpā€™s love and respect for LGBT Americans,” the conservative LGBTQ group Log Cabin Republicans said in a statement.

ā€œScott Bessent is a terrific choice to become the next Treasury Secretary and the Log Cabin Republicans applaud President Trump for his pick,” the organization wrote. “As one of the most brilliant minds in the financial space and a vocal supporter of President Trumpā€™s economic agenda, Bessent will be a strong asset to help President Trump put America back on the path to financial security and economic prosperity.”

Equality Forum, a national LGBTQ civil rights organization, which oversees LGBT History Month, noted the nomination of Scott Bessent in a press release, writing that he “is highly regarded by the financial community and founder of a global macro investment firm.”

Equality Forum Executive Director Malcolm Lazin added, ā€œIf confirmed, Bessent will be the highest ranking openly gay U.S. government official in American history.”

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