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Shaheen poised to help gay veterans on Senate floor

Charlie Morgan Act filed as amendment, but floor vote seems unlikely

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Jeanne Shaheen, United States Senate, gay news, Washington Blade, New Hampshire, Democratic Party

Jeanne Shaheen, United States Senate, gay news, Washington Blade, New Hampshire, Democratic Party

Sen. Jeanne Shaheen (D-N.H.) filed the Charlie Morgan Act as an amendment to a veterans benefits bill (Pubic domain photo).

The senior U.S. senator from New Hampshire filed an amendment on Wednesday that would ensure married same-sex couples can access spousal veterans benefits wherever the go in the country, although the measure at this time seems unlikely to see a vote.

Sen. Jeanne Shaheen (D-N.H.) submitted the measure, known as the Charlie Morgan Equal Treatment Act, as a potential amendment to S.1982, a veterans benefits bill under debate this week on Senate floor.

“No one who has served openly in our military and fought for our country should be denied benefits that they’ve rightfully earned,” Shaheen said. “The Charlie Morgan Act makes sure that we fulfill the commitment we have made to all of our veterans and military families so that finally no spouse, child or family can be denied the care and benefits they deserve.”

As the Washington Blade previously reported, seven months after the Supreme Court ruling against Section 3 of Defense of the Marriage Act, the Obama administration is still not affording to veterans benefits — such as disability benefits, survivor benefits and joint burial at a veteran’s cemetery — to married same-sex couples who apply for these benefits in non-marriage equality states.

The portion of the law governing spousal benefits for veterans, 103(c) of Title 38, looks to the state the residence, not the state of celebration, to determine whether a couple is married. The Obama administration has said it’s reviewing whether it can afford these to married same-sex couples in states without marriage equality following the DOMA decision, but no announcement has been made.

The amendment is cosponsored by Sens. Mark Udall (D-Colo), Kirsten Gillibrand (D-N.Y.), Richard Blumenthal (D-Conn.) and Tammy Baldwin (D-Wis).

Udall said in a statement the amendment ensure veterans “receive the benefits they have earned regardless of whom they love or in which state they were legally married.”

“Despite the U.S. Supreme Court’s landmark decision to strike down the discriminatory Defense of Marriage Act, legally married veterans and their families are still being cut off from the benefits they earned through their service to our nation,” Udall said.

Just because the senators filed the amendment, the measure won’t necessarily come up on the Senate floor. Senate leadership has to come to an agreement to allow the amendment to come up for a vote.

Faiz Shakir, a spokesperson for Senate Majority Leader Harry Reid (D-Nev.), blamed Republicans and said at this time no amendments — including the Charlie Morgan Act — will be able to come up for a vote on the measure.

“The Republicans have been poisoning the debate by insisting that a vote on Iran sanctions be included as part of the bipartisan veterans bill,” Shakir said. “Sen. Reid has insisted that we should allow votes on relevant amendments from both sides (which the Shaheen/Udall proposal would certainly be a candidate for). But until Republicans can agree to the threshold of relevant amendments, we’re stuck in a situation where no progress on amendments can be had.”

Don Stewart, a spokesperson for Senate Minority Leader Mitch McConnell (R-Ky.), in turn criticized Reid.

“First of all, we’re not even on the bill yet procedurally, so no amendments are in order at this time,” Stewart said. “And once we are, the expectation is that Sen. Reid will ‘fill the tree’ (which blocks ALL other amendments from being considered).

Udall has been vocal about the issue and has written at least two letters to the Obama administration urging federal officials to stop enforcing veterans law in a way that discriminates against same-sex couples.

Mike Saccone, a Udall spokesperson, said the introduction of the amendment shouldn’t be taken as a sign the senator has given up on pushing for an administrative fix to the issue.

“The administration can and should do this on its own, but until that happens Sen. Udall is going to pursue every avenue to fix this and prevent any more incidents of discrimination,” Saccone said.

The amendment is named after New Hampshire National Guard Chief Warrant Officer Charlie Morgan, a plaintiff in the one of the federal lawsuits against the DOMA who passed away last year after a battle with breast cancer. According to Shaheen’s office, Morgan’s spouse and daughter haven’t able to receive certain survivor benefits “due to restrictions in the federal code prohibiting the VA from administering benefits.

Last year, the Senate Committee on Veterans’ Affairs approved the Charlie Morgan Act by voice vote as part of a package of additional bills.

Allison Herwitt, vice president for government affairs at the Human Rights Campaign, was among those calling for passage of the measure.

“While we have made great progress in extending the full range of federal benefits to married lesbian and gay couples, there is still uncertainty regarding the equal recognition of all the families of the brave men and women who have served our nation in uniform,” Herwitt said. “Sen. Shaheen’s bill will honor the memory of Charlie Morgan and ensure that all veteran families get the respect and benefits they deserve.”

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Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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Congress

Advocates say MTG bill threatens trans youth, families, and doctors

The “Protect Children’s Innocence” Act passed in the House

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20 for her anti-trans legislation. (Washington Blade photo by Michael Key)

Georgia Congresswoman Marjorie Taylor Greene has a long history of targeting the transgender community as part of her political agenda. Now, after announcing her resignation from the U.S. House of Representatives, attempting to take away trans rights may be the last thing she does in her official capacity.

The proposed legislation, dubbed “Protect Children’s Innocence Act” is among the most extreme anti-trans measures to move through Congress. It would put doctors in jail for up to 10 years if they provide gender-affirming care to minors — including prescribing hormone replacement therapy to adolescents or puberty blockers to younger children. The bill also aims to halt gender-affirming surgeries for minors, though those procedures are rare.

Greene herself described the bill on X, saying if passed, “it would make it a Class C felony to trans a child under 18.”

According to KFF, a nonpartisan source for health policy research, polling, and journalism, 27 states have enacted policies limiting youth access to gender-affirming care. Roughly half of all trans youth ages 13–17 live in a state with such restrictions, and 24 states impose professional or legal penalties on health care practitioners who provide that care.

Greene has repeatedly introduced the bill since 2021, the year she entered Congress, but it failed to advance. Now, in exchange for her support for the National Defense Authorization Act, the legislation reached the House floor for the first time.

According to the 19th, U.S. Rep. Sarah McBride (D-Del.), the first trans member of Congress, rebuked Republicans on the Capitol steps Wednesday for advancing anti-trans legislation while allowing Affordable Care Act tax credits to expire — a move expected to raise health care costs for millions of Americans.

“They would rather have us focus in and debate a misunderstood and vulnerable one percent of the population, instead of focusing in on the fact that they are raiding everyone’s health care,” McBride said. “They are obsessed with trans people … they are consumed with this.”

Polling suggests the public largely opposes criminalizing gender-affirming care.

A recent survey by the Human Rights Campaign and Global Strategy Group found that 73 percent of voters in U.S. House battleground districts oppose laws that would jail doctors or parents for providing transition-related care. Additionally, 77 percent oppose forcing trans people off medically recommended medication. Nearly seven in 10 Americans said politicians are not informed enough to make decisions about medical care for trans youth.

The bill passed the House and now heads to the U.S. Senate for further consideration.

According to reporting by Erin Reed of Erin In The Morning, three Democrats — U.S. Reps. Henry Cuellar and Vicente Gonzalez of Texas and Don Davis of North Carolina — crossed party lines to vote in favor of the felony ban, joining 213 Republicans. A total of 207 Democrats voted against the bill, while three lawmakers from both parties abstained.

Advocates and lawmakers warned the bill is dangerous and unprecedented during a multi-organizational press call Tuesday. Leaders from the Human Rights Campaign and the Trevor Project joined U.S. Rep. Becca Balint (D-Vt.), Dr. Kenneth Haller, and parents of trans youth to discuss the potential impact of restrictive policies like Greene’s — particularly in contrast to President Donald Trump’s leniency toward certain criminals, with more than 1,500 pardons issued this year.

“Our MAGA GOP government has pardoned drug traffickers. They’ve pardoned people who tried to overthrow the government on January 6, but now they want to put pediatricians and parents into a jail cell for caring for their kids,” said Human Rights Campaign President Kelley Robinson. “No one asked for Marjorie Taylor Greene or Dan Crenshaw or any politician to be in their doctor’s office, and they should mind their own business.”

Balint, co-chair of the Congressional Equality Caucus, questioned why medical decisions are being made by lawmakers with no clinical expertise.

“Parents and doctors already have to worry about state laws banning care for their kids, and this bill would introduce the risk of federal criminal prosecution,” Balint said. “We’re talking about jail time. We’re talking about locking people up for basic medical care, care that is evidence-based, age-appropriate and life-saving.”

“These are decisions that should be made by doctors and parents and those kids that need this gender-affirming care, not certainly by Marjorie Taylor Greene.”

Haller, an emeritus professor of pediatrics at St. Louis University School of Medicine, described the legislation as rooted in ideology rather than medicine.

“It is not science, it is just blind ideology,” Haller said.

“The doctor tells you that as parents, as well as the doctor themselves, could be convicted of a felony and be sentenced up to 10 years in prison just for pursuing a course of action that will give your child their only chance for a happy and healthy future,” he added. “It is not in the state’s best interests, and certainly not in the interests of us, the citizens of this country, to interfere with medical decisions that people make about their own bodies and their own lives.”

Haller’s sentiment is echoed by doctors across the country.

The American Medical Association, the nation’s largest organization that represents doctors across the country in various parts of medicine has a longstanding support for gender-affirming care.

“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” their website reads.

Rodrigo Heng-Lehtinen, senior vice president of public engagement campaigns at the Trevor Project, agreed.

“In Marjorie Taylor Greene’s bill [it] even goes so far as to criminalize and throw a parent in jail for this,” Heng-Lehtinen said. “Medical decisions should be between patients, families, and their doctors.”

Rachel Gonzalez, a parent of a transgender teen and LGBTQ advocate, said the bill would harm families trying to act in their children’s best interests.

“No politician should be in any doctor’s office or in our living room making private health care decisions — especially not Marjorie Taylor Greene,” Gonzalez said. “My daughter and no trans youth should ever be used as a political pawn.”

Other LGBTQ rights activists also condemned the legislation.

Tyler Hack, executive director of the Christopher Street Project, called the bill “an abominable attack on the transgender community.”

“Marjorie Taylor Greene’s last-ditch effort to bring her 3-times failed bill to a vote is an abominable attack on the transgender community and further cements a Congressional career defined by hate and bigotry,” they said. “We are counting down the days until she’s off Capitol Hill — but as the bill goes to the floor this week, our leaders must stand up one last time to her BS and protect the safety of queer kids and medical providers. Full stop.”

Hack added that “healthcare is a right, not a privilege” in the U.S., and this attack on trans healthcare is an attack on queer rights altogether. 

“Marjorie Taylor Greene has no place in deciding what care is necessary,” Hack added. “This is another attempt to legislate trans and queer people out of existence while peddling an agenda rooted in pseudoscience and extremism.”

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, also denounced the legislation.

“This bill is the most extreme anti-transgender legislation to ever pass through the House of Representatives and a direct attack on the rights of parents to work with their children and their doctors to provide them with the medical care they need,” Takano said. “This bill is beyond cruel and its passage will forever be a stain on the institution of the United States Congress.”

The bill is unlikely to advance in the Senate, where it would need 60 votes to pass.

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The White House

EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine

Trans former assistant health secretary’s name changed on official portrait

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Adm. Rachel Levine (Washington Blade photo by Michael Key)

Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.

The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.

Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.

According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.

Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.

“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.

“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”

“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”

The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.

The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.

The Washington Blade reached out to HHS, but has not received any comment.

The lawsuit and four FOIA requests are below:

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