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Where does the LGBT movement go in 2014?

More battles, victories anticipated this year in the aftermath of historic 2013

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Winter Olympics, John Boehner, Supreme Court, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade
Winter Olympics, John Boehner, Sean Eldridge, Supreme Court, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

New advancements on LGBT rights are expected in 2014 in the aftermath of a milestone year in 2013. (Photo of the Winter Olympics public domain; Washington Blade photos of John Boehner, Sean Eldridge and activists in front of the Supreme Court by Michael Key)

Although 2013 will be a tough act to follow in terms of achievements for the LGBT community, some advocates say significant new battles and potential victories are on the horizon for 2014.

Additional court rulings on marriage and the upcoming Olympic Games in Sochi will attract attention, but the focus will also be on the lead-up to the mid-term elections in November 2014. Voters are expected to decide the issue of marriage equality at the ballot and make decisions in candidate elections that would shape LGBT rights in the future.

Next month, all eyes will be on the Winter Olympics to see what impact gay athletes coming to compete in Sochi, Russia, might have on the anti-gay laws there, including the now notorious law prohibiting pro-gay propaganda. The Olympics will be held between Feb. 6 and 23.

It remains to be seen whether any of the athletes who’ll compete in the games — or any of the three openly gay members of the U.S. delegation to the Olympics — will speak out against the anti-gay policies, and whether the Russian government will subject them to punishment under the propaganda law for doing so.

In terms of the advancement of marriage equality, no one is predicting movement in the state legislatures as seen in 2013, but action is expected at the ballot and as a result of numerous court cases filed throughout the country.

In Oregon, activists are preparing for a campaign to legalize same-sex marriage at the ballot. They’re already touting 118,176 signatures, which is more than 116,284 needed by July 3 to place the measure before voters. Success at the ballot would mean Oregon would become the first state in the country to overturn a state constitutional amendment banning same-sex marriage through a ballot initiative.

Another effort is underway in Ohio, where the group Freedom Ohio is touting a new poll showing 56 percent of Ohio residents support marriage equality as part of an effort to place a measure on the ballot in 2014. National LGBT groups, however, aren’t behind this endeavor and reportedly have said 2014 isn’t the year to bring marriage equality to the ballot in Ohio.

But 2014 may also see the return of state constitutional amendments at the ballot banning same-sex marriage. Opponents of same-sex marriage in Indiana are seeking a vote in the legislature on such an amendment, which would bring the issue before voters in the 2014 election.

It’s possible that a similar amendment may appear on the 2014 ballot in New Mexico, where anti-gay lawmakers unhappy with the state Supreme Court’s recent decision to legalize same-sex marriage have threatened to take action. However, the legislature needs to approve the amendment before it goes to voters, which is unlikely because Democrats control both the House and Senate.

Amid efforts to place the marriage issue on the ballot, courts may issue rulings in favor of marriage equality in any of the at least 23 states with pending marriage litigation. Such rulings could happen in Michigan, where a trial on the ban same-sex marriage has been set for February, or in Pennsylvania. A federal court in West Virginia may respond to a request for summary judgment filed Tuesday by Lambda Legal on behalf on same-sex couples seeking to wed in the state.

For the first time since the Supreme Court ruling against the Defense of Marriage Act, federal appeals courts will also take up the issue of marriage equality. The U.S. Tenth Circuit Court of Appeals will review the marriage lawsuit in which U.S. District Judge Robert Shelby recently instituted marriage equality in Utah, and the U.S. Ninth Circuit Court of Appeals will review Nevada’s ban on same-sex marriage in the case known as Sevcik v. Sandoval.

It’s possible that rulings at the appellate level could send the issue of marriage equality back to the Supreme Court as soon as next year.

Marc Solomon, national campaign director for Freedom to Marry, said the endeavors to advance marriage equality in 2014 will foster a better climate for the Supreme Court to make a “national resolution” in favor of marriage equality.

“We really don’t know, and nobody knows, which case is going to be that case that gets to the Supreme Court, when it’s going to happen, if it’s going to happen next year, if it’s going to happen in five years,” Solomon said. “Basically, we are full-steam ahead with what we call our ‘Roadmap to Victory’ to win more states, grow public support, get more unexpected allies, and demonstrate that the country is completely ready.”

Solomon said his organization also plans to participate in public education campaigns in Arizona, Ohio, Michigan, Colorado and Nevada in anticipation of going to the ballot to win marriage equality in 2016 in addition to a similar campaign in Pennsylvania to foster a climate for a court ruling in favor of marriage equality in the Keystone State.

Advancement of pro-LGBT federal legislation may also take place, although the chances such legislation will reach President Obama’s desk are low — to say the least — because Republicans control the House.

Supporters of the Employment Non-Discrimination Act are pushing for a vote in the Republican-controlled chamber following a bipartisan vote in the Senate in favor of the legislation. Although the legislation has 201 sponsors in a chamber where 218 votes are needed for passage, House Speaker John Boehner (R-Ohio) has repeatedly said he opposes the legislation when asked if he’ll bring up the bill for a vote.

Issues for married same-sex couples in the aftermath of the U.S. Supreme Court decision striking down Section 3 of the Defense of Marriage Act are also expected to surface. Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) has pledged to hold a hearing on these outstanding issues.

Among them is the Social Security Administration’s continued hold on benefits claims for married same-sex couples in non-marriage equality states. Passage of the Respect for Marriage Act would address these issues by ensuring married same-sex couples would be able to receive federal benefits wherever they move in the country.

The Senate early this year may also take up a version of No Child Left Behind reauthorization — reported out on a party-line basis in June by the Senate Health, Education, Labor & Pensions Committee — that contains anti-bullying provisions along the lines of the Student Non-Discrimination Act and the Safe Schools Improvement Act.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said the successes of 2013 are “much to celebrate,” but said they also highlight more work is necessary at the federal level — not just on LGBT-specific issues, but other areas like immigration reform and restoration of the Voting Rights Act.

“Every victory we achieve makes clearer the inequalities that remain — the painful gap between progress and true freedom,” Carey said. “That’s why we need the House to pass the Employment Non-Discrimination Act; fair immigration reform legislation; and to restore the heart of the Voting Rights Act, so unceremoniously gutted by the Supreme Court this past year. We must win on these issues in 2014; we can win on these issues in 2014.”

Meanwhile, campaigns are ramping up for elections in 2014. For the first time ever, at least two openly gay candidates may appear as gubernatorial candidates representing a major party.

In Maryland, lesbian Del. Heather Mizeur is running against two other candidates in a bid for the Democratic nomination for governor. Her primary is June 24.

And in Maine, Rep. Mike Michaud (D-Maine), who came out as gay in 2013, is seeking to oust Republican Gov. Paul LePage. Michaud is the only declared candidate on the Democratic side.

In Congress, six openly LGB members of the U.S. House will be seeking to retain their seats. Those running in moderate districts who may face more challenging re-election bids are Reps. Mark Takano (D-Calif.), Kyrsten Sinema (D-Ariz.) and Sean Patrick Maloney (D-N.Y.).

Sean Eldridge, an entrepreneur known for his work advocating for marriage equality in New York and also known for being married to Facebook co-founder Chris Hughes, is seeking to unseat incumbent Republican Chris Gibson to represent New York’s 19th congressional district.

Other gay newcomers are on the Republican side. Former Massachusetts State Sen. Richard Tisei, who narrowly lost a challenge to Rep. John Tierney (D-Mass.) in 2012, is considering a rematch in 2014.

Former San Diego City Council member Carl DeMaio is seeking to represent the San Diego area in the U.S. House and University of New Hampshire administrator Dan Innis has launched a bid to unseat Rep. Carol Shea-Porter (D-N.H.).

Despite openly gay candidates on the Republican side, LGBT advocates will likely also work for Democratic majorities in Congress — achieving it in the House and preserving it in the Senate — to foster a better climate for passing pro-LGBT legislation.

That may be an uphill battle. A recent survey from CNN/ORC International shows Republicans have increased their edge in the race for control of Congress. Republicans lead Democrats by 49 percent to 44 percent among registered voters asked to pick between unnamed candidates from each party in their district. That’s up from a smaller two-point edge in favor of Republicans last month.

Stuart Rothenberg, editor of the Rothenberg Political Report, said he doesn’t think the House will be in play given the abysmal state of President Obama’s polling numbers, and Republicans have a strong chance of winning the Senate.

“The Senate definitely is up for grabs,” Rothenberg said. “It’s probably close to 50-50 that Republicans will net the six seats that they will need to get to 51 seats. But there is plenty of time for events to occur that could change the current outlook.”

Whatever happens in Congress, LGBT advocates pledge to work at all levels of the government — federal, state and local — to continue to advance rights for the LGBT community.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said 2014 will present “tremendous opportunities” for the LGBT community in the aftermath of 2013’s victories.

“We will continue to advance all measures of equality in the states, most importantly non-discrimination laws that affect the greatest number of LGBT people,” Sainz said. “And federally, we will continue to grow support for ENDA toward its eventual passage — as well as other bills that are part of our legislative agenda.”

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9 Comments

9 Comments

  1. Erica Cook

    January 1, 2014 at 11:09 pm

    I live in Indiana, We have one hell of a fight here.

  2. Erica Cook

    January 1, 2014 at 11:28 pm

    I have another thing I'd like to say about. "No child left behind." I am dyslexic and I went to school before the laws. From what I understand the quality of its implantation depends on where in the US you live, but there is one thing in it I think needs taken out. America is a nation of diversity, and in that diversity is a number of different languages spoken. It used to be that if a child was raised to speak a different language they could have an interpreter in class to translate what a teacher said when the lecture was over. That has been taken away and I've been informed that the wording taking it away is in this law. A prevision that makes education harder for children who come from other countries has no place in a law meant to make school more accessible. I can only assume this came from some compromise to get the bill passed, but it needs removed. Add to it protection against anti-gay bullying, but add to that the reintroduction of translators for children who need it. This isn't about them not learning English, most have, its about them being able to learn in a way that gives them a fighting chance at a better life.

  3. Mickey Wilson

    January 2, 2014 at 4:29 pm

    in case you weren't aware the acronym you use included the letter T. In the entire article there is not one mention of the work that needs to be done on Trans issues. A good place to start perhaps would be education in the queer community. There are so many issues beyond marriage equality.

  4. Kathy

    January 2, 2014 at 3:01 pm

    Since it was such a banner year for getting rid of discrimination in health insurance for transgender people – both locally – at the statewide level – and in the workplace – one would think there might be some mention of the amazing work and momentum there.

    But no – it’s 3/4’s of an article about marriage. Just like MA says it’s a “full equality state” and ivites Marc Solomon to come celebrate – just one teensy problem…..it’s just at 83% according to the Equality Giving scorecard. No trans public accommodations, health care or anti-bullying. But – it’s neighbors CT & VT are 100%.

    Feel free to go there and take your bow Marc. Never mind that man behind the curtain……..

  5. Violet Jacob Gresham

    January 3, 2014 at 6:08 am

    This ^^^^^^^^^^^^^^^^^^^.

  6. Violet Jacob Gresham

    January 3, 2014 at 6:08 am

    This ^^^^^^^^^^^^^^^^^^^.

  7. Stephen Ward

    January 3, 2014 at 2:32 pm

    South Carolina is on the horizon for litigation at the state legislative level!!!

  8. John Nelson

    January 9, 2014 at 1:35 pm

    I strongly agree with you! I believe we will see at least four states legalize same sex marriage in 2014 by popular vote in Ohio, Pennsylvania, Michigan and New Mexico. Look at the poll results! Most of these four states indicate public opinion of same sex marriage at 56 percent or higher for each state polled. This is incredible!

  9. Jeff Fredieu

    January 28, 2014 at 9:42 pm

    GN 00210.800 Same-Sex Marriages – Supplemental Security Income 01/09/2014
    Finally! After being on "HOLD" for benefits ACLU was instrumental along with LGBT ,National Senior Citizens Law Center , and special thanks to Elizabeth Heiskell of Bond and Taylor Law firm, Irvine California,Our Disability Specialist
    W can now plan our future without having to be homeless. Robert

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Politics

Pete Buttigieg calls out Tucker Carlson over attack

Fox News host mocked transportation secretary over paternity leave

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U.S. Transportation Secretary Pete Buttigieg (Washington Blade file photo)

Appearing remotely on MSNBC’s Nicolle Wallace’s politics program Friday, U.S. Transportation Secretary Pete Buttigieg called out Fox News host Tucker Carlson for the attack on his parental leave.

“This attack is coming from a guy who has yet to explain his apparent approval for the assassination of Harvey Milk, ” Buttigieg said.

During his Thursday evening program Carlson said, “Pete Buttigieg has been on leave from his job since August after adopting a child—paternity leave, they call it—trying to figure out how to breastfeed. No word on how that went. But now he’s back in office as the transportation secretary and he’s deeply amused, he says, to see that dozens of container ships can’t get into this country.”

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En Espanol

‘Mercenarismo’: El delito que la Seguridad del Estado de Cuba usa para presionar al activista LGBTQ Raúl Soublett

Se realizó la interrogación el 9 de octubre

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Raúl Soublett López ((Foto cortesía de Twitter de María Matienzo)

Tremenda Nota es el socio mediático del Washington Blade en Cuba. Esta nota salió en su sitio web el 9 de octubre.

LA HABANA — El activista LGBTIQ+ Raúl Soublett López fue amenazado este sábado durante una entrevista con la Seguridad del Estado con un proceso penal por “mercenarismo”.

“Cualquier tipo de lucha en #Cuba puede ser criminalizada. A Raúl Soublett López ahora lo quieren procesar por mercenarismo y la notificación se la hace un tipo que tiene tanto miedo que no da ni su nombre real”, denunció la periodista María Matienzo en sus cuentas de Facebook y Twitter.

Según Matienzo, el argumento de la Seguridad del Estado para probar el «mercenarismo» de Raúl Soublett es una serie de videos contra el racismo y la homofobia que produjo el activista.

Al menos uno de esos videos fue publicado por Tremenda Nota.

Camino al Código de las Familias, uno de los videos de Raúl Soublett señalados por la Seguridad del Estado como “mercenarismo”

La Alianza Afro-Cubana, una organización independiente que coordina el propio Soublett, informó este viernes que el activista había sido citado en la mañana del sábado para una entrevista con “agentes de la Seguridad del Estado” en una unidad de policía ubicada en Playa, La Habana.

En coincidencia con la citación, este sábado Raúl Soublett debió asistir a la universidad, donde cursa el último año de una licenciatura en Pedagogía.

María Matienzo advirtió en Facebook que “las citaciones con menos de 72 horas de antelación son ilegales también”.

El mismo día que citaron a Soublett, el presidente Miguel Díaz-Canel se reunió con activistas LGBTIQ+ y funcionarios del Centro Nacional de Educación Sexual (Cenesex). Malú Cano, la coordinadora de la red TransCuba, que fue una de las invitadas, calificó el encuentro como una evidencia de la “voluntad política de avanzar en el reconocimiento de los derechos de las personas LGBTIQ+”.

Matienzo, que también es lesbiana, observó la coincidencia entre ambos incidentes.

“Ante una comunidad #LGTBIQ que se reúne con el poder en #Cuba, quieren procesar al activista @RaulSoublett”, observó en Twitter.

El propio Soublett posteó en Facebook: “Mientras hay activistas LGBTIQ+ que no se les escuchan, que los acosan, los citan para interrogatorios ilegales, en fin. Esa es la Cuba de ponle corazón. Hipócritas”.

El pasado 25 de febrero, Raúl se reunió con la Seguridad del Estado y acabó autoagrediéndose como resultado de la presión.

“Fue interrogado por más de cuatro horas, según me describe las cuatro horas más horribles de su vida, en la cual usaron los más bajos recursos de intimidación, chantaje, coacción y sobre todo mucha violencia tanto psicológica como verbal”, relató en esa ocasión el periodista Héctor Luis Valdés Cocho.

Según el Código Penal vigente en Cuba, el delito de “mercenarismo” consiste en incorporare “a formaciones militares integradas total o parcialmente por individuos que no son ciudadanos del Estado en cuyo territorio se proponen actuar” a cambio de “un sueldo u otro tipo de retribución material”. 

Las sanciones previstas para estos casos son hasta 20 años de cárcel o muerte. 

Un experto en Derecho consultado por Tremenda Nota, que pidió reservar su identidad, considera que “esta amenaza no pasa de ser un recurso de tortura psicológica”.  “Ese delito es improcedente en este caso y eso sería obvio para cualquiera”, añadió. 

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Texas

Texas House approves anti-trans youth sports bill

HB 25 now heads to state Senate

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GenderCool Project leader and Trans activist Landon Richie (Photo courtesy of Landon Richie)

Texas House Republicans were able to push through the anti-trans youth sports measure Thursday evening after hours of emotional and at times rancorous debate, passing the bill in a 76-54 vote along party lines.

Under the provisions of Texas House Bill 25, all trans student athletes in grades K-12 will be prohibited from competing on sports teams aligned with their gender identity. The bill will now head to the Senate, where it is expected to pass.

The Texas Tribune reported that the University Interscholastic League, which governs school sports in Texas, already requires that an athlete’s gender be determined by the sex listed on their birth certificate. Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 has said the bill would simply “codify” existing UIL rules.

However, UIL recognizes any legally modified birth certificates. That policy could accommodate someone who may have had their birth certificate changed to match their gender identity, which can sometimes be an arduous process.

HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL the Tribune reported.

“To say that tonight’s passage of HB 25 is devastating is an understatement. For the past 10 grueling, exhausting, and deeply traumatic months, trans youth have been forced to debate their very existence—only to be met by the deaf ears and averted eyes of our state’s leaders,” Landon Richie, a GenderCool Project leader, University of Houston student and Transactivist told the Washington Blade after the vote.

“Make no mistake: This bill will not only have detrimental impacts on trans youth, who already suffer immense levels of harassment and bullying in schools, but also on cisgender youth who don’t conform to Texas’s idea of ‘male’ or ‘female.’ To trans kids everywhere: you belong, you are loved, you are valued, you are deserving of dignity, respect, care and the ability to live freely as your true and authentic selves, no matter where you are. We will never stop fighting for trans lives and a future where trans kids are unequivocally and unwaveringly celebrated for who they are,” Richie said.

“The cruelty of this bill is breathtaking, and the legislators who are pushing it forward are doing irreparable harm to our state. Texas is a place where people value freedom and respect for diversity. This bill is a betrayal of those cherished values, and future generations will look back on this moment in disbelief that elected officials supported such an absurd and hateful measure,” Shannon Minter, legal director for the National Center for Lesbian Rights told the Blade. “The families of these kids deserve better, and the burden is now on the rest of us to do everything in our power to stop this dangerous bill now,” he added.

During the debate on the measure, state Rep. James Talarico, (D-Round Rock), a former middle school teacher, began his remarks by apologizing to the trans kids and families who have gone to the Capitol time and time again this year. He tells the chamber he speaks now as a legislator, and educator, and a Christian.

He quoted Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 who said “if one girl wins a game, it’s worth it.” He says he has a different moral yardstick. “If one trans kid dies for a trophy, this bill is grotesque.”

He ended speaking to his “fellow believers” in the chamber. “The worst part in these hearings have been in hearing the Bible used against trans kids to support these bills. Even tonight, ‘God’s law’ was used to present an amendment.” He then quoted the first two lines of the Bible, where God is referred to with two different Hebrew words, one masculine/one feminine. “God is non-binary.” He then prevented an interruption in the chamber and continued telling trans kids that he loves them.

Fellow Democratic state Rep. Jessica González, (D-Dallas County), vice-chair of the Texas House LGBTQ Caucus asked the chamber how many trans Texas kids they are willing to hurt. She reminded her fellow representatives that cisgender women and girls will also be hurt by the bill. She shared a personal story about being outed in high school by a friend, having her locker, home, and car vandalized and losing all of her friends. “Kids are cruel.”

González told lawmakers that her brother encouraged her to try out for soccer, and she was bullied with comments like “shouldn’t she be trying out for the boys’ team.” She went from feeling a bit accepted to being an outsider again. She then reflected on carrying those feelings into adulthood and said that this bill will have long-term affects on trans kids. She asked legislators to listen to the stories of the trans kids who have bravely testified, saying kids will contemplate suicide or complete suicide.

Representative Diego Bernal, (D-San Antonio), told the chamber that some representatives can’t wrap their heads around knowing that there is no problem but there is *real* harm to trans kids, and for whatever reason, that’s not enough it seems to stop moving these bills.

He said that he has heard “if they already have mental health issues and suicide ideation, this can’t make it worse” and “if the debate is harming them, let’s just vote.” The he breaks down the Texas statute’s definition of bullying, telling lawmakers, “The bullying statute doesn’t have an intent requirement. It doesn’t matter if you don’t mean to cause them harm. We are bullying these students. Know that by law … our own definitions and our own words, we are. And we don’t have to.”

“Texas lawmakers voted today to deliberately discriminate against transgender children. Excluding transgender students from participating in sports with their peers violates the Constitution and puts already vulnerable youth at serious risk of mental and emotional harm,” Adri Perez, policy and advocacy strategist at the ACLU of Texas said in a statement to the Blade.

“There is no evidence that transgender kids pose any threat. It is indefensible that legislators would force transgender youth and their families to travel to Austin to defend their own humanity, then blatantly ignore hours of testimony about the real damage this bill causes. Trans kids and their families deserve our love and support—they’ve been fighting this legislation for months. Texans will hold lawmakers accountable for their cruelty,” she added.

The statewide LGBTQ+ advocacy group Equality Texas in a tweet after the vote said; ” We will not stop fighting to protect transgender children.” Then added “We’ll continue to educate lawmakers—replacing misinformation with real stories—and demand the statewide and federal nondiscrimination protections we need to prevent further harms.”

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