Connect with us

Politics

Another ‘marriage moment’ before year’s end?

Action underway in New Mexico, Illinois and Hawaii

Published

on

Chris Christie, New Jersey, Republican Party, Republican National Convention, gay news, Washington Blade, Neil Abercrombie, Hawaii, Democratic Party, Democratic National Convention, Greg Harris, Illinois
Chris Christie, New Jersey, Republican Party, Republican National Convention, gay news, Washington Blade, Neil Abercrombie, Hawaii, Democratic Party, Democratic National Convention, Greg Harris, Illinois, marriage,

Marriage equality has come to New Jersey under Gov. Chris Christie as Illinois state Rep. Greg Harris and Hawaii Gov. Neil Abercrombie seek passage of legislation. (Washington Blade photos of Christie and Abercrombie by Michael Key; photo of Greg Harris via Livestream).

The month of October 2013 could go down in history as a milestone in the marriage equality movement.

In addition to New Jersey becoming the 14th state in the country to make same-sex marriage legal, states across the country in recent days saw developments in the legislatures and the courts on marriage equality that could expand that roster of equality states by the end of the month.

James Esseks, director of the LGBT project for the American Civil Liberties Union, predicted during a conference call with reporters last week the activity on same-sex marriage this month could create another “marriage moment.”

“I think we are approaching another marriage moment this fall with potential developments in three to four states coming soon,” Esseks said.

The action on marriage comes on the heels of the filing of new litigation both in federal and state courts as well as new legislative efforts seeking marriage equality initiated after the Supreme Court ruled on the Defense of Marriage Act and California’s Proposition 8 in June.

Dan Pinello, a political scientist at the City University of New York, said the activity on marriage equality at this time is in part the result of the Supreme Court’s actions.

“The high court’s decision unleashed a floodgate of pent-up demand in the LGBT community that is finding true expression in a tidal wave of federal litigation,” Pinello said. “The ruling also prompted an increased awareness of newly recognized constitutional rights among federal judges in the lower courts. The outcomes of all this legal activity will emerge over the next several years.”

The Washington Blade has already provided coverage of developments on marriage equality in New Jersey and Michigan. Here are details on other states in recent weeks.

New Mexico

The New Mexico Supreme Court heard oral arguments on Wednesday in a case brought by all 33 New Mexico clerks, state district courts and a group of same-sex couples seeking a determination on whether state law permits same-sex marriage.

The arguments in the case, Griego v. Oliver, were divided into two portions. The first examined whether the current statutory scheme for marriage under New Mexico law already allows same-sex marriage because portions of it are gender-neutral. In the second, attorneys made their case on whether same-sex couples have a guaranteed right under the state constitution to marry regardless of what the statute says.

Representing Republican lawmakers seeking to prohibit same-sex marriage in New Mexico was attorney James Campbell, who argued that only the legislature has authority to legalize marriage rights for gay couples. Campbell maintained marriage under New Mexico law is reserved for opposite-sex couples because “those unions, unlike same-sex unions, have a natural ability to procreate.”

Campbell also argued that the court shouldn’t determine gay people should be considered a suspect class because they enjoy political power. The legalization of same-sex marriage through state legislatures as well as the Democratic Party and President Obama’s endorsement of same-sex marriage, Campbell said, is evidence of this political power.

Representing the views in court of District Judge Alan Mallot, who had previously ruled that same-sex couples can marry because of the gender-neutral language in the marriage law, was attorney Daniel Ivey-Soto.

Attorney General Gary King sent two attorneys to argue a more middle-ground argument. Assistant Attorney General Scott Fuqua argued that the current gender-neutral statute doesn’t permit same-sex marriage, but Assistant Attorney General Sean Cunniff maintained gay couples should be allowed to marry under the equal protection provisions under the state constitution.

Same-sex couples were represented by attorney Maureen Sanders, who articulated a similar view. She argued the gender-neutral law doesn’t allow gay couples to marry in New Mexico, but said “denying same-sex couples the right to marry is a violation of the New Mexico Constitution.”

Sanders also argued gay people should be considered a suspect class. The court shouldn’t look to the recent advancement in LGBT equality, she said, but the long history of discrimination the LGBT community has experienced.

Justices appeared skeptical of the idea of continuing to ban same-sex couples from marrying in New Mexico. In response to Campbell’s argument that marriage is for procreation, Chief Justice Charles Daniels noted many benefits related to marriage aren’t given to couples based on whether they’ve had children.

Despite hopes that the court would issue a ruling on marriage equality at the conclusion of the arguments, justices signaled as they began they would need more time. It’s unclear when a decision could come down, although it could be a matter of weeks.

Nevada

The federal marriage equality case that is closest to the Supreme Court is also seeing movement as proponents of marriage equality ā€” following the lead of Lambda Legal, which is responsible for the lawsuit ā€” were set to weigh in on bringing marriage equality to Nevada.

On Oct. 18, Lambda Legal filed a 100-page brief before the U.S. Ninth Circuit Court of Appeals in the case of Sevcik v. Sandoval, a lawsuit the organization filed last year. Because the case is now before an appellate court, it’s the most advanced lawsuit that’s pending before federal courts.

The opening brief makes use of the U.S. Supreme Court decision against the Defense of Marriage Act by arguing that Nevada’s ban on same-sex marriage deprives gay couples of the crucial benefits just as the anti-gay federal law had done.

“By foreclosing same-sex couples from marriage, Nevada inflicts virtually the same collection of federal harms and deprivations on unmarried same-sex couples as DOMA previously did, since nearly all federal benefits are unavailable to unmarried couples, regardless of whether they are registered domestic partners,” the brief states.

A major component of the argument that Lambda makes against the ban on same-sex marriage is the state’s domestic partnership system is inadequate for gay couples even though it provides them the legal equivalent of marriage.

“Relegating same-sex couples to registered domestic partnership is no remedy,” the brief states. “That novel, inferior status qualifies unmarried same-sex couples for virtually no federal benefits, and instead designates same-sex couples as second-class citizens and subjects them to a host of practical difficulties and vulnerabilities.”

Accompanying the opening brief is a motion to the court for permission to file another brief no longer than 26,500 words for “an adequate exposition of the plaintiff couple’s claims.”

Friend-of-the-court briefs in favor of marriage equality were also due in the case on Wednesday. ThatĀ marks the opportunity for the Obama administration to weigh in on the lawsuit by filing its own friend-of-the-court brief in the case. Lambda has previously said it would “welcome” a brief from the U.S. Justice Department in the case, but as of Tuesday had no information on whether one would be forthcoming.

Illinois

All eyes will be on the Illinois Legislature in the coming days as lawmakers return for a “veto session” that will likely include a vote in the State House on marriage equality.

On Tuesday, the first day of the veto session, supporters held a “March on Springfield” to urge passage of the marriage equality legislation. Speakers at a rally held near the State Capitol Building included Gov. Pat Quinn and U.S. Sen. Richard Durbin (D-Ill.).

According to Buzzfeed, Durbin invoked the Supreme Court decision against DOMA while speaking before the estimated 2,300 attendees about passing marriage equality legislation.

ā€œNow that the Supreme Court has ruled, I say to members of the Illinois House of Representatives, you have an awesome and historic decision,ā€ Durbin said. ā€œWill you offer to everyone married in our state ā€” regardless if straight, gay, lesbian, whatever ā€” will you offer them the same federal benefits, or will you discriminate against some.ā€

The regular session of the legislature concluded in May, to the dismay of supporters of same-sex marriage, without a vote on same-sex marriage legislation in the House that was earlier passed in the Senate. Gay State Rep. Greg Harris declined to bring the legislation to a vote because he believed it lacked sufficient support for passage.

Bernard Cherkasov, CEO of Equality Illinois, expressed confidence that lawmakers would act during the veto session to pass the legislation based on recent polling data from Fako & Associates in Lisle, IL, showing a 12-point margin in support of marriage equality.

“Amongst key constituencies like African Americans, there’s a 20-point spread, amongst Latino voters, there’s a 30-point spread, amongst American Catholics, there’s a 30-point spread,” Cherkasov said. “There’s strong business support. Illinoians expect lawmakers will do their job and the pass the bill.”

Because the legislature in is in a veto session, different rules apply to passing legislation. A bill that would go into effect immediately, as the Senate-passed marriage equality legislation does, would require a supermajority of 71 votes in the House for passage. But bills that go into effect at a later date need only a simple majority of 60 votes for passage. The veto session consisted of two days this week, followed by a break, and another three days when lawmakers return on Nov. 5.

Cherkasov said the bill is “definitely within striking distance” in the House for votes to passage under the lower 60-vote threshold, which he said could be arranged by amending the House bill to go into effect on June 1 and passing that bill in the Senate.

Asked whether he wants the bill to come up for a vote during the veto session regardless of whether supporters think it has the necessary votes, Cherkasov said, “I do believe that if it came to the floor that it would pass.”

Advocates are pursuing same-sex marriage legislation in Illinois as a state lawsuit seeking marriage equality in the state, Darby v. Orr, is pending in Cook County Circuit Court.

Hawaii

Efforts to pass same-sex marriage legislation are also underway in Hawaii, where Gov. Neil Abercrombie has called for a special session of the legislature starting Oct. 28 for the purpose of debate and passage of marriage equality.

Donald Bentz, executive director of Equality Hawaii, said he’s “optimistic” the session will lead to marriage equality in the Aloha State because of stories of “love and commitment” heard by legislators.

“Polls indicate that the majority of Hawaii’s residents support marriage equality and are buoyed by the growing list of business, faith, political and nonprofit leaders who are standing up in support of the freedom to marry,” Bentz said.

Depending upon the length of time the legislature chooses to debate the marriage bill, the special session could go as quickly as five working days or take two full weeks.

Bentz said the marriage equality legislation enjoys “a wide margin” of support in the Senate, but not so much in House. A vote tally conducted by the Honolulu Civil Beat last month found that 26 House members support the legislation. Passage of the bill in that chamber requires 27 votes.

Since the time that article was published, Bentz said State Rep. Karen Awana has gone on record as a “no” vote, but State Rep. Mark Takai has come out as a “yes” vote. That would give the bill the 27 votes necessary for passage.

Advocates are pursuing same-sex marriage legislation in Hawaii as litigation seeking marriage equality in the state, Jackson v. Abercrombie, is pending alongside the Nevada lawsuit in the Ninth Circuit.

Tennessee

The most recent lawsuit seeking marriage equality in the federal court system was filed on Tuesday by the National Center for Lesbian Rights on behalf of four legally married same-sex couples seeking recognition of their unions.

The lawsuit, known as Tanco v. Haslam, was filed by the National Center for Lesbian Rights and private attorneys Abby Rubenfeld, Maureen Holland, Regina Lambert along with the firm of Sherrard & Roe and is pending before the U.S. District Court in the Middle District of Tennessee.

Shannon Minter, NCLR’s legal director, said the lawsuit is a useful addition to other cases pending in 19 other states because it helps draw attention to the lack of LGBT rights in the South.

“We think it is important to bring cases that highlight the damage that is being caused by discriminatory state marriage bans across the country, including especially in southern states,” Minter said. “I am very hopeful we will obtain a positive result in this case, which would be hugely beneficial to LGBT people in Tennessee, and also be a huge boost to creating even more positive national momentum.”

One couple in the lawsuit, Dr. Valeria Tanco and Dr. Sophy Jesty, is expecting their first child this spring and is worried state law won’t recognize them both as legal parents. Another couple, Sgt. Ijpe DeKoe and Thom Kostura, married just before DeKoe was deployed for a tour of duty in Afghanistan.

The litigation is one of two cases seeking marriage equality in federal courts lying within the U.S. Sixth Circuit Court of Appeals. The other case is the federal litigation pending before the district court in Michigan.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Congress

House passes spending bill as Greene threatens to oust Johnson

51 of 52 anti-LGBTQ riders were defeated

Published

on

Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20. (Washington Blade photo by Michael Key)

The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

ā€œToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā€ said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

The speaker, meanwhile, proclaimed, ā€œHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā€

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

Continue Reading

Congress

Massive defeat for anti-trans, anti-LGBTQ riders in spending bill

Proposal has only one rider that would target community

Published

on

U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative ā€œpolicy riders.ā€ 

These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.

One policy rider proposed for the Food and Drug Administration would have defunded any hospital that ā€œdistributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,ā€ a measure targeting not only transgender youth but also those experiencing precocious puberty. 

Another rider sought to bar any government funding toward ā€œsurgical procedures or hormone therapy for the purposes of gender-affirming careā€ in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Bidenā€™s executive order titled ā€œPreventing and Combating Discrimination on the Basis of Gender Identity,ā€ which broadened anti-discrimination protections for trans individuals.

Additional riders included bans on funding for any organization thatĀ ā€œpromotes transgenderism,ā€Ā Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.

In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.

Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.

In the past, some embassies have gotten around such bans by not ā€œflying a flag over the embassyā€ but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.

News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. ā€œAs you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,ā€ said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.

However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.

Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, ā€œPeople are predicting a shutdown even if it’s just for a few days.ā€ Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.

Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.)Ā expressed angerĀ at funding for the New Jersey Garden State Equality in Education Fund, calling it ā€œforce feeding the LGBT agenda in schoolsā€ and stating that it enables ā€œgender mutilation surgeries in minors,ā€ ā€œbiological menā€ in womenā€™s bathrooms and trans participation in sports.

U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans ā€œsurrenderedā€ to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote ā€œnoā€ and to shut down the government.

In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.

See the House Appropriations Democrats statement:

Press release, House Appropriations Democrats on Labor-HHS-Education

The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.

However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.

****************************************************************************

Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

******************************************************************************************

The preceding article was first published at Erin In The Morning and is republished with permission.

Continue Reading

Congress

Padilla, FCC introduce measure to improve 988 Suicide and Crisis Lifeline

HHS launched effort in 2022

Published

on

U.S. Sen. Alex Padilla (D-Calif.) (Screen capture: YouTube)

U.S. Sens. Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), joined by U.S. Rep. Tony CƔrdenas (D-Calif.), Federal Communications Commission Chairwoman Jessica Rosenworcel and U.S. Secretary of Health and Human Services Xavier Becerra, introduced a measure on Thursday to improve the 988 Suicide and Crisis Lifeline.

Calls are currently routed to mental health professionals and local public safety officials based on the caller’s area code ā€” even though, as the lawmakers and officials noted during their announcement ā€” in many cases, the area code, especially for cell phone numbers, does not match the location from which they are calling.

Under the new proposal, Padilla said, “We’re going to be in a position to be able to provide care as quickly and as safely as possible.”

“In the same way that 911 calls in the case of an emergency are routed to local providers, local first responders, so ambulances can come out and help quickly when you call 911, 988 should be tied to a caller’s location, not their area code,” he said.

Calling Padilla, Tillis, and CĆ”rdenas “great champions of mental health,” Rosenworcel noted, “that’s not our stock and trade” at the FCC.

“We are people who deal with technology and communications,” she said, “but we came to realize that we could work with Congress to make sure that everyone in this country who’s going through a crisis has someone to call and someone who can listen ā€” and that’s why in 2022, we set up 988, the easy-to-remember three digit number for anyone who is in crisis.”

A press release from Padilla’s office explains the details for how the update to the 988 Suicide and Crisis Lifeline will work:

“The Notice of Proposed Rulemaking (NPRM) announced today seeks to address the discrepancies and inefficiencies of the current system by proposing the adoption of a rule that would require a georouting solution to be implemented for all wireless calls to the 9-8-8 Lifeline while balancing the privacy needs of individuals in crisis. 

Georouting refers to technical solutions that enable calls to be directed based on the location of the caller without transmitting the callerā€™s precise location information.Ā These solutions would permit wireless calls to the 9-8-8 Lifeline to be directed to nearby crisis centers based on factors such as the cell tower that originated the call rather than the area code of the wireless device used to place the call.”

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three.

A 2023 survey by the Trevor Project, which included more than 28,000 LGBTQ participants aged 13-24, found that 41 percent had seriously considered suicide within the past year and 56 percent wanted ā€” but were unable to get ā€” mental health care within the last year.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular