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How bad would a GOP Senate takeover be for LGBT people?

Republicans need to pick up six seats to claim majority

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Mitch McConnell, Kentucky, Republican Party, United States Senate, U.S. Congress, CPAC, Conservative Political Action Conference, gay news, Washington Blade
Mitch McConnell, Kentucky, Republican Party, United States Senate, U.S. Congress, CPAC, Conservative Political Action Conference, gay news, Washington Blade

Sen. Mitch McConnell (R-Ky.) would likely become majority leader if Republicans win a majority in the Senate.  (Washington Blade file photo by Michael Key)

The congressional mid-term elections are more than six months away, but political observers are already warning Democrats they could lose control of the U.S. Senate โ€” an outcome that has tongues wagging over its potential impact on LGBT issues.

While analysts agree that Republicans could claim at least six seats to win control of the chamber โ€” such as by knocking off pro-LGBT senators in New Hampshire and Colorado โ€” the general sense is draconian anti-gay measures like the Federal Marriage Amendment wonโ€™t emerge even with GOP control of the Senate.

Dan Pinello, a political scientist at City University of New York, noted seven incumbent Democrats are seeking re-election in states Mitt Romney won in 2012 and conservatives like the Koch brothers and Karl Rove are spending hundreds of thousands of dollars through โ€œSuper PACsโ€ to affect those races.

โ€œSo I think the prospect of a Republican takeover is very close โ€” a virtual tossup right now,โ€ Pinello said. โ€œEverything will depend on the degree to which Democratic voters turn out at the polls in crucial states.โ€

Republicans are optimistic about their prospects on Election Day 2014 โ€” and virtually no one is suggesting that Democrats can retake control of the House. In an appearance on โ€œFox News Sunday,โ€ anti-gay GOP strategist Karl Rove predicted GOP victory in the Senate.

โ€œWith 14 seats in play on the Democratic side and a couple of seats in play potentially on the Republican side, I think itโ€™s highly likely that Republicans pick up the majority,โ€ Rove said.

On the same day on NBCโ€™s โ€œMeet the Press,โ€ White House Communications Director Dan Pfeiffer defied the predictions by saying he believes โ€œwe will keep the Senate.โ€ But his former colleague in the White House, Robert Gibbs โ€” who landed in hot water in 2010 by saying Republicans could take control of the House โ€” expressed a contrary view, saying the Senate is โ€œdefinitelyโ€ in danger in 2014.

โ€œSo as a consultant, I can say all these things now,โ€ Gibbs said. โ€œTheyโ€™ve got to pick up six seats, which is not a small number. But what gives them a huge advantage, obviously, is the states that theyโ€™re inโ€ฆLouisiana and in North Carolina, in Montana, places that the president didnโ€™t do well.โ€

The heads of both political parties are both bullish about their prospects in 2014. On Tuesday, Republican National Committee chair Reince Priebus predicted at a National Press Club breakfast a โ€œtsunamiโ€ and said itโ€™s โ€œgoing to be a very big win, especially at the U.S. Senate level.โ€ Meanwhile, Democratic National Committee chair Debbie Wasserman Schultz said that Democrats are running โ€œaggressive bottom-up campaignsโ€ and sheโ€™s confident her party will hold the Senate.

But political analysts have forecasts more favorable to Republicans. As of Monday, Cook Political Report forecast that Republicans will pick up somewhere between four and six seats, but expected the ultimate gains will be โ€œat the higher end of โ€“ and may exceed โ€“ that range.โ€

Larry Sabato, a political scientist at the University of Virginia, said itโ€™s too early to provide a firm prediction on the extent of Republican gains, but said Republicans would net at least four to six seats.

โ€œItโ€™s easy to see how they could get six or even more if President Obama stays in the low 40s and the economy continues to be balky,โ€ Sabato said. โ€œThis year, in the sixth-year of President Obamaโ€™s administration, youโ€™d much rather be in the GOPโ€™s electoral position than the Democratsโ€™.โ€

Pro-LGBT Democrats face challenging re-election bids

Democrats elected to the Senate at the start of the Obama administration and who built a reputation for  supporting LGBT rights are among those facing uphill re-election bids.

Among them is Sen. Jeanne Shaheen (D-N.H.) who has championed โ€œDonโ€™t Ask, Donโ€™t Tellโ€ repeal and the flow of spousal benefits to veterans in same-sex marriages as chief sponsor of the Charlie Morgan Act. A potential challenger for her is former U.S. senator from Massachusetts Scott Brown. Although he voted for โ€œDonโ€™t Ask, Donโ€™t Tellโ€ repeal during his tenure in the Senate, Brown penned an op-ed for Bay Windows suggesting the pursuit of LGBT rights was a โ€œpet project.โ€

Sen. Mark Udall (D-Colo.) also faces a tough re-election bid now that Rep. Cory Gardner (R-Colo.) has announced he will run for the Senate. Udall has championed โ€œDonโ€™t Ask, Donโ€™t Tellโ€ repeal, an end to the Defense of Marriage Act and has written at least two letters to the Obama administration to ensure gay veterans can receive spousal benefits in whichever state they live. Gardner hasnโ€™t articulated a position on same-sex marriage, but voted in favor of an LGBT-inclusive version of the Violence Against Women Act.

The Democrat whoโ€™ll likely face the most challenging re-election campaign is Sen. Kay Hagan (D-N.C.). An early supporter of โ€œDonโ€™t Ask, Donโ€™t Tellโ€ repeal, she voted for a repeal amendment in the Senate Armed Services Committee even before the Pentagon report on open service. Hagan came out in favor of same-sex marriage last year on the same day the U.S. Supreme Court heard oral arguments on Californiaโ€™s Proposition 8. She could face any one of a number of Republicans vying for the nomination in the stateโ€™s primary.

Also of note is the re-election bid of Sen. Jeff Merkley (D-Ore.), who as chief sponsor of the Employment Non-Discrimination Act oversaw a bipartisan vote in favor of the bill in the Senate late last year. Merkley has also been the leading voice in the Senate calling on President Obama to sign an executive order barring LGBT employment discrimination among federal contractors. A number of Republican candidates have lined up to challenge Merkley, although heโ€™s expected to win re-election in the heavily โ€œblueโ€ state.

The only Republican whoโ€™s expected to face a tough re-election challenge is the one whoโ€™s likely to handle the floor schedule in the Senate if the GOP ekes out a win: Senate Minority Leader Mitch McConnell (R-Ky.). In addition to facing a Tea Party challenge, McConnell faces a stiff challenge in the general election from Democratic Kentucky Secretary of State Alison Lundergan Grimes.

Would anti-LGBT legislation move forward?

If the Republicans win control of the Senate, it would create a Congress in which the GOP leads both chambers at a time when the U.S. Supreme Court is expected to deliver a nationwide ruling on marriage equality.

Speaking to the Washington Blade after her event at the National Press Club, Wasserman Schultz initially responded to an inquiry about what a GOP takeover of the Senate would mean for LGBT people by saying, โ€œOh, God.โ€

Wasserman Schultz predicted Republicans would curtail the expansion of rights she said are โ€œdeservedโ€ by LGBT people in addition to engaging in an โ€œaggressive attemptโ€ to roll them back. But the DNC chair emphasized that wonโ€™t happen because Democrats are on track to maintain control of the Senate.

Asked by the Blade whether she thinks Republicans would want to push through a Federal Marriage Amendment, Wasserman Schultz said that โ€œwouldnโ€™t surprise meโ€ because the Republicans endorsed the amendment as part of the 2012 party platform.

But political observers say even with Republicans in control of both chambers, the trend in favor of same-sex marriage โ€” which a recent poll pegged at 59 percent support โ€” would deter Congress from passing a measure that already failed twice under the Bush administration when Republicans had large majorities.

Gregory Angelo, executive director of the Log Cabin Republicans, said he doesnโ€™t foresee a situation in which Republicans would push forward in either chamber with a U.S. constitutional amendment banning same-sex marriage.

โ€œConsidering the move for a Federal Marriage Amendment in the House following the Supreme Courtโ€™s DOMA decision last year went absolutely nowhere tells me that there is little appetite among Republicans to engage in culture wars either in the House or the Senate โ€” in this election cycle and in 2016,โ€ Angelo said.

But there are other pieces of anti-gay legislation that could be seen as an alternative to the Federal Marriage Amendment. Rep. Raul Labrador (R-Idaho) and Sen. Mike Lee (R-Utah) have introduced legislation known as the Marriage and Religious Freedom Act, which would prohibit the federal government from discriminating against organizations that exercise โ€œreligious conscienceโ€ against same-sex marriage.

Rep. Randy Forbes (R-Texas) and Sen. Ted Cruz (R-Texas) have introduced the State Marriage Defense Act, which would prohibit the federal government from recognizing same-sex marriage in states where itโ€™s not allowed. The bill may be moot in the event of a Supreme Court ruling in favor of marriage equality.

Sabato nonetheless said he doesnโ€™t see much of an opportunity for anti-LGBT legislation of any kind to make it through the Senate โ€“ given the growing support for LGBT rights among Republican senators.

โ€œI think it is very unlikely Susan Collins or Rob Portman would support any stand-alone, anti-LGBT legislation,โ€ Sabato said. โ€œI could see other Republicans joining them, such as Lisa Murkowski. I canโ€™t see a single Senate Democrat voting for such legislation. So I doubt the Senate would pass it.โ€

In the event that an anti-gay bill was approved by both chambers of Congress, Sabato said the legislation would never become law because President Obama would veto it once it reached his desk.

But Republican control over the Senate could mean an end to progress on pro-LGBT legislation. Under Democratic control, the Senate just barely invoked cloture on ENDA by a vote of 61-30 before approving it on final passage. Meanwhile, the Republican-controlled House has yet to take up ENDA months after the Senate voted to approve it as House Speaker John Boehner threw cold water on it during a meeting with the LGBT Equality Caucus.

Pinello said the danger for the LGBT community in the aftermath of a Republican takeover of the Senate lies in the nomination and confirmation of federal judges โ€” perhaps on the Supreme Court in the event of a vacancy before the final ruling on marriage equality.

โ€œThe federal bench is now the most hopeful source of remedy for the denial of marriage equality nationwide, and a Senate controlled by the Republican Party might diminish those prospects,โ€ Pinello said. โ€œThus, there is very good reason for LGBT voters to turn out for Democratic candidates next November.โ€

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Israel

ILGA World reinstates Israeli LGBTQ rights group

The Aguda was suspended from global organization in October 2024

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Aguda CEO Yael Sinai Biblash described ILGA World's decision to reinstate her organization as an 'important step,' but criticized the timeline for when it will take effect. (Photo by Lior Horesh)

ILGA World has announced it will reinstate an Israeli LGBTQ rights group.

The global advocacy groupโ€™s board last fall voted unanimously to suspend the Aguda, the Association for LGBTQ+ Equality in Israel, after it withdrew its bid to host the 2026/2027 ILGA World Conference. ILGA World in a May 1 statement said the Agudaโ€™s reinstatement will take effect on Oct. 27, 2025, a year after the suspension began.

โ€œThe decision, made by a majority vote, follows an investigation by ILGA Worldโ€™s Disputes Resolution Committee, composed of elected board members,โ€ reads the statement. โ€œThe committee assessed the complaints it received on whether the Aguda aligned with ILGA Worldโ€™s constitutional principles.โ€

The statement notes that while the complaint against the Aguda โ€œwas deemed substantive โ€” particularly due to the Agudaโ€™s reluctance to condemn war crimes plausibly amounting to genocide in Gaza, the committee acknowledged that โ€˜the Aguda actively continues to provide support to LGBTI communities.'โ€

โ€œThe ILGA World board took into account that requiring member organizations to take a public stance on their government positions and actions, and holding them accountable for not doing so, would create a precedent that could be harmful to our membership in many countries,โ€ it adds.

The statement further notes the ILGA World boardโ€™s decision โ€œis not an endorsement of the Agudaโ€™s position, actions, or silence on the war in Gaza.โ€

The decision to suspend the Aguda took place less than a month after Israel marked the first anniversary of Oct. 7.

Hamas militants on Oct. 7, 2023, killed roughly 1,200 people, including upwards of 360 people at the Nova Music Festival, when they launched a surprise attack against southern Israel.

The Hamas-controlled Gaza Health Ministry says Israeli forces have killed tens of thousands of people in the enclave since Oct. 7. Fifty-nine hostages who were kidnapped in Israel on that day remain in the Gaza Strip.

Aguda CEO Yael Sinai Biblesh stated:

 โ€œILGAโ€™s decision to reinstate the Aguda is an important step that recognizes our longstanding contribution to advancing LGBTQ+ rights in Israel,โ€ said Aguda CEO Yael Sinai Biblesh in a statement her organization sent to the Washington Blade on Monday. โ€œHowever, we regret that the suspension was not lifted immediately and instead extended until October.โ€

 โ€œWe chose to fight for our voice in spaces where the discourse is difficult and complex, because we believe thatโ€™s exactly where our presence is most needed โ€” to enable nuanced and respectful conversations and discussions,โ€ she added. โ€œThe Aguda will continue to collaborate with organizations around the world in order to defend the rights of all people under the LGBTQ+ umbrella across all sectors in Israel โ€” both Arab and Jewish, even in the most challenging times.โ€

ILGA Asia on Monday issued a statement in which it said it disagrees with the decision to reinstate the Aguda.

โ€œWhile we acknowledge the decision of the ILGA World board, we note that the motion to lift the suspension was not adopted unanimously,โ€ said the ILGA Asia Executive Board. โ€œFollowing consultations with the ILGA Asia Executive Board, our representatives on the ILGA World board did not support the motion. Our decision was guided by deep conscience, regional accountability, and unyielding commitment to justice, dignity, and solidarity.โ€

ILGA Asia made the following points.

โ€ข We fully recognize the process undertaken by ILGA Worldโ€™s Disputes Resolution Committee. However, we believe that the following factors were not adequately addressed:

โ€ข The significant harm and internal division caused by the Agudaโ€™s 2024 bid to host the World Conference in Israel, at a time of escalating genocide and humanitarian catastrophe in Gaza

โ€ข The lack of a public stance from The Aguda on war crimes and human rights violations in Gaza, which we view as inconsistent with the universality of human rights espoused by ILGA

โ€ข The presence of content glorifying militarism on their public platforms raises concerns about alignment with ILGAโ€™s principles of peace and nonviolence

โ€ข And the unresolved harm and trauma experienced by many within the ILGA family โ€” particularly Palestinian, Arab, and Muslim members โ€” warranted a longer and more restorative process before reinstatement.

โ€œWe acknowledge that the majority of the ILGA World Board justified the decision on the grounds that civil society organizations should not be automatically held accountable for the actions of their governments,โ€ reads the statement. โ€œWhile this argument holds relevance in many repressive contexts, we respectfully diverge from this rationale in this case, where silence amid atrocity has direct and harmful consequences.โ€

The ILGA Asia Executive Boardโ€™s full statement can be found here.

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Australia

Australian prime minister re-elected

Anthony Albanese marched in 2023 Sydney Gay and Lesbian Mardi Gras parade

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Australian Prime Minister Anthony Albanese (Screen capture via ABC News Australia/YouTube)

Australian Prime Minister Anthony Albanese on Saturday won re-election.

Albaneseโ€™s Labor Party defeated the Liberal Party that Peter Dutton led.

Dutton, who lost his seat in parliament, quickly conceded to Albanese, who is the first Australian prime minister to win re-election in 21 years. Foreign Minister Penny Wong, a lesbian who represents South Australia in the Australian Senate, on Saturday introduced Albanese at his victory party.

โ€œToday the Australian people have voted for Australian values; for fairness, aspiration, and opportunity for all, for the strength to show courage in adversity, and kindness to those in need,โ€ said Albanese. โ€œAustralians have voted for a future that holds true to these values.โ€

(9News Australia)

Albanese has been prime minister since 2022. In 2023 he became the first Australian prime minister to march in the Sydney Gay and Lesbian Mardi Gras parade.

Voters re-elected Albanese less than a week after Canadian Prime Minister Mark Carney and his Liberal Party won the countryโ€™s federal election. The Trump-Vance administrationโ€™s global tariffs are among the issues that factored into both countryโ€™s votes.

โ€œCongratulations to Prime Minister Anthony Albanese on his victory in Australiaโ€™s federal election,โ€ said Secretary of State Marco Rubio on X. โ€œAustralia is a valued U.S. friend and a close partner.โ€

โ€œWe look forward to continuing to promote freedom and security in the Indo-Pacific and around the world,โ€ he added.

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Virginia

Va. LG opposed marriage equality affirmation bill in handwritten note

Winsome Earle-Sears constitutionally required to sign HB 174 as Senate president

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Virginia Lt. Gov. Winsome Earle-Sears speaks at CPAC in 2023. (Washington Blade photo by Michael Key)

Virginia Lt. Gov. Winsome Earle-Sears last year in a handwritten note indicated her opposition to marriage rights for same-sex couples when she signed a bill that affirmed marriage equality in the state.

Brandon Jarvis of Virginia Scope on May 1 published Earle-Searsโ€™s note on House Bill 174, which state Del. Rozia Henson, a Prince William County Democrat who is gay, introduced.

The Virginia Senate passed HB 174 by a 22-17 vote margin, and the state constitution required Earle-Sears to sign it as the chamberโ€™s president. Republican Gov. Glenn Youngkin signed the measure into law after it received bipartisan support.

โ€œAs the lieutenant governor, I recognize and respect my constitutional obligation to adhere to procedures set out in the constitution of Virginia,โ€ wrote Earle-Sears in her note. โ€œHowever, I remain morally opposed to the content of HB 174 as passed by the General Assembly.โ€

Earle-Sears, a former U.S. Marine who served in the Virginia House of Delegates from 2002-2004, in 2021 became the first woman elected Virginiaโ€™s lieutenant governor. Activists have criticized her for her opposition to LGBTQ rights in Virginia.

She sparked controversy last year when she misgendered state Sen. Danica Roem (D-Manassas), who is transgender, on the Senate floor. Earle-Sears has also spoken at the Conservative Political Action Conference.

Earle-Sears is running to succeed Youngkin as governor once his term ends in January 2026. She will likely face former U.S. Rep. Abigail Spanberger, a Democrat who previously represented Virginiaโ€™s 7th Congressional District.

John Reid, a conservative talk show host who is openly gay, last month secured the Republican nomination to succeed Earle-Sears as lieutenant governor. Youngkin has called for Reid to end his campaign amid reports that he posted โ€œpornographic contentโ€ on social media.

Reid has strongly denied the reports.

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