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Conservative struggle over gay rights emerges at CPAC

Santorum says he doesn’t ‘want to talk about redefining marriage’

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Ralph Reed speaking at the 2014 Conservative Political Action Conference. (Washington Blade photo by Michael Key)

NATIONAL HARBOR, Md. — To witness the conservative movement’s struggle with the widely held perception that nationwide marriage equality is imminent, you need not look further than the stage of the 2014 Conservative Political Action Conference.

After remaining silent on the first day of the conference, voices against same-sex marriage emerged on Friday, although they were restricted to certain conservative activists as others expressed conflict over the issue and elected Republican officials ignored LGBT rights altogether in their speeches.

Ralph Reed, founder of the Faith and Freedom Coalition, was among the most vociferous in his opposition to same-sex marriage as he accused U.S. Attorney General Eric Holder of committing a “brazen act of lawlessness” by counseling state attorneys general not to defend marriage laws against litigation.

It should be noted that during his speech to the National Association of Attorneys General, Holder said he believes it’s OK for state attorneys general not to defend a ban on same-sex marriage if they believe they’re unconstitutional, but he never instructed them to take that course of action.

“From now on, we’re going to accept — in 2014, 2016 and beyond — nothing beyond unapologetic, unalloyed ‘conservative’ that defends the principles upon which this nation was founded, including the biblical principles of freedom of religion, the sanctity of life and the sacred institution of marriage,” Reed continued.

Also injecting anti-gay sentiment before the estimated 8,500 attendees at CPAC was Oliver North, a Fox News commentator known for his role in the Iran-Contra scandal during the Reagan administration in the 1980s.

Ending his speech, North equated the conservative struggle to stop the advancement of marriage equality to abolitionists’ efforts in 19th century America to end slavery.

“Some say that we must ignore social issues, like the definition of marriage, the sanctity of life, religious freedoms,” North said. “I say those are not social issues, they are deeply moral and spiritual issues and should be part of America’s elections.”

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Oliver North speaking at the 2014 Conservative Political Action Conference. (Washington Blade photo by Michael Key)

North also made a veiled criticism of “Don’t Ask, Don’t Tell” repeal, saying the administration is treating U.S. troops like “laboratory rats” as part of a “social experiment.”

These conservative activists are pushing back against the advancement of marriage equality as numerous federal courts — most recently in Texas, Virginia, Kentucky, Utah and Oklahoma — have struck down state constitutional bans on same-sex marriage amid expectations the U.S. Supreme Court will deliver a final ruling on the issue in 2015.

The anticipated resolution of the marriage issue in the courts invoked the ire on stage of Eric Metaxas, a conservative pundit who insisted voters must decide the issue of marriage equality instead of judges.

“The idea of same-sex marriage, the idea of paying for contraceptions, we should let the voters decide,” Metexas said. “This is the United States of America. We don’t need the ‘Mandarins of Justice’ to make these decisions; we’re supposed to trust the voters to make those decisions, and let the voters decide.”

But those considered possible 2016 presidential candidates shied away from the issue of marriage equality.

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Former Sen. Rick Santorum (R-Pa.) speaking at the 2014 Conservative Political Action Conference. (Washington Blade photo by Michael Key)

Rick Santorum, known for his opposition to same-sex marriage and support for a U.S. constitutional amendment banning same-sex marriage, expressed regret on stage that he became known for that viewpoint over the course of his 2012 presidential bid.

“I don’t want to talk about redefining marriage; I want to talk about reclaiming marriage as a good for society and celebrating how important it is for our economy,” Santorum said to applause.

Santorum continued to discuss the importance of the institution of marriage itself, saying businesses could advance it by offering marriage counseling as a benefit.

Amid the (often disputed) perception that Pope Francis is more lenient on gay rights, particularly after his recent suggestion he could support civil unions, Santorum, who’s Catholic, commended the pontiff for saying the Catholic Church should steer away from social issues.

“He’s going out there and not talking about what the Christian faith is against, he’s going out there and talking about what we’re for,” Santorum said. “He hasn’t changed a single policy. He won’t change a single policy. But what he’ll do is he’ll go out there and talk about the good news to a hurting world because he believes that that’s what the world needs.”

One event at CPAC that demonstrated the tension within the conservative movement on marriage equality, although the discussion wasn’t completely dedicated to the issue, was a panel titled, “Can Libertarians and Social Conservatives Ever Get Along?”

One question debated was protecting religious liberties of individuals as marriage equality advances. The issue for panelists wasn’t so much whether there should be marriage equality, but whether it should be imposed by judicial fiat.

Michael Medved, a conservative pundit and host of “The Michael Medved Show,” said the issue has come down to religious liberty and insisted social conservatives and libertarians should agree that states should be able to decide for themselves the marriage issue without interference from the federal government.

“The idea that New York and California may have legitimated, or recognized, decided that those states should sponsor gay marriage doesn’t mean that Texas should be compelled by overreaching courts, or anyone else, to sponsor and legitimate gay marriage,” Medved said.

Alexander McCorbin, executive director of Students for Liberty, represented the opposite end of the conservative spectrum and said on the panel that marriage equality is “the civil rights issue of the 21st century.”

“There’s state-sponsored discrimination against various associations between individuals,” McCorbin said. “We’re talking about the denial of basic rights and privileges of individuals in committed relationships — the only difference being their sexual orientation.”

But McCorbin was rebuked on stage by Medved, who said believing a fundamental right to same-sex marriage is inconsistent with libertarianism.

“You are saying that nine unelected judges should impose their will and their judgement on the sovereign states, all 50 sovereign states and the citizens therein, in terms of something as fundamental to society as the definition of family and the definition of marriage,” Medved said.

Making a point that was derided by gay bloggers and the watchdog group Media Matters, Medved also said the idea that any state had prohibited same-sex marriage is “a liberal lie” — possibly because same-sex weddings have been allowed, even though 33 states don’t recognize them as valid.

But Medved also signaled he nonetheless supports adoption by same-sex parents, which triggered applause in the audience (although one observer could be heard booing).

Matthew Spaulding, associate vice president of Allen P. Kirby Jr. Center for Constitutional Studies & Citizenship, insisted that religious liberties for objectors must be upheld and denied any link between same-sex marriage and interracial marriage.

“The fact of one’s color of one’s skin is a coincidence,” Spaulding said. “It has nothing to do with your character, right? The difference between a male and a female is something that is self-evident and obvious that we need to deal, and we can’t shut aside and turn it over to judges to tell us what to do.”

No one who is gay, nor any LGBT political group, had a voice on the panel despite its attention to the marriage issue. In an op-ed penned earlier this week in the Daily Caller, Log Cabin Republicans executive director Gregory Angelo asserted he had sought participation on a CPAC panel this year, but was rebuffed because the American Conservative Union, which runs the event, never responded to the request.

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Members of the CPAC panel, ‘Can Libertarians and Social Conservatives Ever Get Along?’ discussed same-sex marriage. From left, Tom Minnery of CitizenLink, Matt Spaulding of the Allen P. Kirby Jr. Center for Constitutional Studies & Citizenship, Matt Welch of Reason Magazine, Michael Medved of the ‘Michael Medved Show’ and Alexander McCorbin of Students for Liberty. (Washington Blade photo by Michael Key)

Ignoring the issue of marriage, prominent Republicans speaking before the panel chose to tackle other issues, although they weren’t afraid to take Obama to task.

Texas Gov. Rick Perry, a known opponent of LGBT rights including allowing openly gay people in the Boy Scouts, turned his attention to deriding the advancement of welfare states under the Obama administration.

“The vision that wins out — either this big-government, protectionist nanny state version offered by liberal leaders or the limited-government, unsubsidized, freedom state offered by conservative leaders — will determine the future of our nation,” Perry said.

Sen. Rand Paul (R-Ky.), who has a reputation as a libertarian, delivered a speech criticizing the exposed data collection by the National Security Agency as he urged adherence to the U.S. Constitution.

“There is a great battle going on, it’s for the heart and soul of America,” Paul said. “The Fourth Amendment is equally as important as the Second Amendment, and conservatives cannot forget this.”

Even 2008 Republican presidential candidate turned Fox News commentator Mike Huckabee, known for championing social issues, was silent on stage about the issue of marriage equality, although he spoke more generally about upholding religious liberties in the country.

This struggle over gay rights emerges at CPAC following the publication this week of a Washington Post-ABC News poll showing a record-high 59 percent of Americans support same-sex marriage, while only one-in-three Americans oppose it.

That support is even higher among young voters, which make up the preponderance of attendees at CPAC. The poll found three-quarters of Americans younger than 30 support same-sex marriage.

Following the speeches on Friday, Log Cabin’s Angelo said there’s only one way for the debate to end if the conservative movement wants to thrive.

“The conservative movement can keep its head in the sand at its own peril — with the potential to lose more votes — or it can acknowledge us as here to stay, and grow the base, especially among millennial voters,” Angelo said. “That’s where we’re at in this movement. We want conservatives to win, but they need to acknowledge us as part of that winning coalition.”

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Sen. Rand Paul (R-Ky.) speaking at the 2014 Conservative Political Action Conference. (Washington Blade photo by Michael Key)

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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India

Menaka Guruswamy celebrated as India’s first openly LGBTQ MP

Constitutional lawyer elected to Rajya Sabha on March 9

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Menaka Guruswamy (Screen capture via OxfordUnion/YouTube)

India’s LGBTQ community has found renewed hope in the election of Menaka Guruswamy, a lawyer who has argued before the Supreme Court, as the country’s first openly LGBTQ MP.

Guruswamy was declared elected unopposed to the Rajya Sabha, the upper house of Parliament, on March 9, representing West Bengal. The All India Trinamool Congress, the regional party that governs the state, nominated her.

Guruswamy is a constitutional lawyer who studied at Oxford University, Harvard Law School, and the National Law School of India University. She has argued several significant cases before the Supreme Court and is widely known for her work on constitutional law, civil liberties, and LGBTQ rights. 

Guruswamy was part of the legal team that successfully challenged Section 377 of the Indian Penal Code, a colonial-era law that criminalized consensual same-sex sexual relations, which the Supreme Court struck down in 2018. She has also written and spoken extensively on issues of democracy, rights and institutional accountability.

Ankit Bhupatani, a global diversity, equity and inclusion leader and LGBTQ activist, welcomed Guruswamy’s election. 

“This is significant not because Parliament needed a queer person, but because a queer person needed Parliament,” Bhupatani told the Washington Blade.

India has seen LGBTQ representation in elected office at the state and local levels, though it has remained limited. 

In 1998, Shabnam Mausi was elected to the Madhya Pradesh Legislative Assembly from the Sohagpur constituency, becoming one of the first openly transgender people to hold public office in India. Mausi’s election marked a rare moment of visibility for trans people in the country’s political system, where representation has historically been sparse. Since then, a small number of openly trans candidates have contested and, in some cases, won local and state elections, but no openly LGBTQ person had been elected to Parliament before Guruswamy.

Guruswamy and her partner, Arundhati Katju, who is also a lawyer, were part of the legal team that played a central role in the Section 377 decision.

Representing one of the plaintiffs, the two lawyers helped frame the case around constitutional guarantees of equality, dignity, and privacy. The Navtej Singh Johar v. Union of India ruling marked a watershed moment for LGBTQ rights in India.

“For too long, we have fought our battles only in courtrooms and on streets. Now, there is a seat at the table where laws are written,” said Bhupatani. “Whether that seat produces change depends entirely on how it is used. Representation without substance is decoration. But as a beginning, yes. This matters.”

Guruswamy later represented the plaintiffs in the Supreme Court’s 2023 marriage equality case, Supriyo v. Union of India, which a 5-judge panel heard in the spring of 2023. 

Along with other lawyers representing same-sex couples, she advanced arguments rooted in constitutional guarantees of equality, dignity, and personal liberty. The Supreme Court in a 3-2 decision on Oct. 17, 2023, declined to recognize same-sex marriage — holding that such a change falls within Parliament’s domain — but did acknowledge LGBTQ people face discrimination. The Blade previously reported the ruling underscored the court’s view that it could interpret the law, but could not create a new legal framework for marriage rights.

Bhupatani said Guruswamy’s election should not be seen as an immediate shift toward legislative action on LGBTQ rights, cautioning that such expectations may not align with political realities. He said her presence in Parliament could help sustain the issue in a way it has not been before, even as broader legal change is likely to take time.

“What she can do is keep the question alive inside Parliament in a way that it hasn’t been before,” Bhupatani said. “Legislative change in India on social questions usually takes longer than advocates want and shorter than skeptics predict. The 377 decriminalization seemed impossible until it wasn’t. Partnership rights will follow the same pattern eventually.”

Bhupatani added that while Guruswamy’s election may influence the pace of change, it does not, on its own, constitute a broader political movement.

“One person in Parliament, however extraordinary, is not a movement. She is an opening,” he said. “The 2023 ruling created a responsibility. Guruswamy’s election creates an opportunity to fulfill it from inside. Whether opportunity becomes outcome is entirely a question of human will.”

Guruswamy has served as a visiting faculty member at leading American institutions that include Yale Law School, Columbia Law School, and New York University School of Law. She has also worked with international organizations, advising the U.N. Development Fund for Women in New York and the U.N. Children’s Fund in both New York and South Sudan.

According to her professional profile, Guruswamy has been involved in a range of significant cases before the Indian Supreme Court that include matters related to bureaucratic reform and accountability. 

One case is connected to the AgustaWestland helicopter deal, an investigation into alleged bribery in a multimillion-dollar defense procurement contract; litigation arising from the Salwa Judum case, in which the court examined the state-backed use of civilian militias in counterinsurgency operations in central India; and cases involving the implementation of the Right to Education Act, a law guaranteeing free and compulsory education for children between the ages of six and 14.

More recently, Guruswamy represented the All India Trinamool Congress in legal proceedings challenging searches conducted by India’s Enforcement Directorate, a federal agency responsible for investigating financial crimes, including money laundering and violations of foreign exchange laws. The searches were carried out at the offices of the Indian Political Action Committee, or I-PAC, a political consulting firm that provides data-driven campaign strategy and election management services to political parties. The case raised questions about the scope of investigative powers and the use of federal agencies in politically sensitive matters.

Guruswamy’s engagement with LGBTQ rights has extended beyond courtroom advocacy into public constitutional discourse. 

On July 11, 2018, during hearings in the Section 377 case, she argued the criminalization law could not be justified on the basis of “social morality,” describing it as subjective and incompatible with constitutional guarantees, and framing the case as one fundamentally about “our humanity.” The Thomas Jefferson Foundation Medal in Law at the University of Virginia in February 2023 recognized Guruswamy and Katju for their work on LGBTQ rights.

Guruswamy has not responded to the Blade’s multiple requests for comment about her election.

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