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Lawmakers seek fed’l recognition for Michigan same-sex marriages

Delegation calls on DOJ to clarify whether administration will recognize unions

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Carl Levin, Democratic Party, Senate, Michigan, gay news, Washington Blade

Carl Levin, Democratic Party, Senate, Michigan, gay news, Washington Blade

Sen. Carl Levin (D-Mich.) is among the lawmakers calling for federal recognition of Michigan same-sex marriages (Washington Blade photo by Michael Key).

Members of Michigan’s delegation to Congress are calling on the Obama administration to recognize the more than 300 same-sex marriages that took place in the state for the purposes of federal benefits.

In a letter dated March 27, six lawmakers — led by Rep. Dan Kildee (D-Mich.) — called on U.S. Attorney General Eric Holder to recognize the marriages in the wake of a federal district court decision striking down the state’s ban on same-sex marriage.

“The Court’s decision was a historic step toward equal protection for all American families, regardless of sexual orientation,” the lawmakers write. “By clarifying the federal status of these now married same-sex couples in Michigan—as you did in January for similarly situated same-sex couples in Utah—you can take another step toward full equality.”

Lawmakers seek federal recognition of the same-sex marriages performed on Saturday in Michigan prior to an indefinite stay placed on the weddings by the U.S. Sixth Circuit of Appeals. Gov. Rick Snyder, a Republican who’s seeking re-election, said Wednesday the state recognizes the marriages as legal, but won’t afford the couples state benefits unless the stay is lifted.

But the Justice Department hasn’t yet announced a decision on whether federal benefits would flow to the couples. The department didn’t immediately respond to a request to comment on the letter from Michigan’s federal delegation. Allison Price, a Justice Department spokesperson, had said earlier this week the administration is “closely monitoring the situation.”

Six Democratic members of Michigan’s federal delegation to Congress signed the letter. In addition to Kildee, Reps. John Dingell (D-Mich.), Sander Levin (D-Mich.) and Gary Peters (D-Mich.) signed the letter as well as both U.S. senators from Michigan: Carl Levin (D-Mich.) and Debbie Stabenow (D-Mich.).

The only Democratic member of Michigan federal delegation not to sign the letter is Rep. John Conyers (D-Mich.). His absence is noteworthy because he supports marriage equality and was chief sponsor of the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act, which extended federal hate crimes protections to LGBT people. Conyers’ office didn’t immediately respond to a request to comment on why his name was absent from the letter.

None of the nine Republicans making up the 16 members of Michigan’s federal delegation to Congress signed the letter.

Mitchell Rivard, a Kildee spokesperson, deferred to the Republicans as to why their names are absent from the missive.

“The Democratic delegation, as demonstrated by today’s letter calling for federal recognition of the legal marriages performed last week, are certainly unified in standing for equality for all Michiganders,” Rivard said.

Among the couples who wed in Michigan on Saturday were Anne Callison, 37, and Kelly Callison, 34. The couple, who has a two-year-old named Corbin, married in Ann Arbor, Mich., after being been together five years.

During a conference call with reporters, Anne said recognition of her marriage is important so that Kelly has second-parent adoption rights for their son. Kelly is the egg donor for Corbin, but Anne is the birth mother.

“I would say the thing that’s the most scary is that in order for Kelly to do things like pick him up from child care…access his medical records, all of that means that I have to give permission ahead of time,” Anne said. “Kelly is a stay-at-home mom, and I am working full-time. She should be able to do those things.”

Taking issue with Snyder’s decision not to allow benefits to flow to her and her spouse, Anne said she doesn’t understand why a stay being in place halting additional same-sex marriages led to that decision.

“I’m married, I have a Michigan marriage certificate, it has a seal and witnesses,” Anne said. “I don’t know how much more legal it can get than that.”

For her part, Kelly said the lack of recognition of her marriage continues to build “stress and anxiety” for her entire family.

“We have a two-year-old son that is the center of our lives and because of Gov. Snyder not recognizing a marriage that he himself said is a legal marriage, but the state won’t recognize [it], just adds to the stress that what goes on with our daily lives,” Kelly said.

Under the current situation, Kelly said the couple carries around a notebook of documents to ensure she can make medical and other important decisions for Corbin.

In a statement, Kildee said Anne and Kelly’s union should be recognized by both the state and federal government, criticizing Snyder and Michigan Attorney General Bill Schuette for not allowing benefits to flow to the couple.

“Legally-performed marriages like Anne and Kelly’s should be fully recognized under the law, both at the state and federal level,” Kildee said. “It’s a shame to me that Gov. Snyder and Bill Schuette continue to work around the clock to deny these committed couples the same opportunity for love and happiness that they enjoy themselves.”

The situation in Michigan is along the lines of what happened in Utah after a district court ruling enabled an estimated 1,300 same-sex couples to wed in the state until the U.S. Supreme Court halted the weddings by issuing a stay pending appeal. Gov. Gary Herbert announced his state won’t recognize the weddings pending appeal, but U.S. Attorney General Eric Holder said the state would recognize for the purposes of federal benefits.

Prior to Holder’s announcement, Human Rights Campaign President Chad Griffin wrote a letter to the attorney general, saying there’s no need to think the Utah marriages are invalid.

The Human Rights Campaign issued an organizational statement late Thursday calling for the federal recognition of same-sex marriages performed in Michigan.

“The Department of Justice under Attorney General Eric Holder has been a remarkable leader in the fight for equal recognition of marriage for lesbian and gay couples,” the statement says. “Their decision to recognize marriages performed in Utah during the period when gay couples were granted licenses was legally sound and morally right. The Human Rights Campaign has encouraged the Department to apply the same principles to the Michigan marriages that happened recently and we have every reason to believe that they will continue being champions of the LGBT community.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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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.

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

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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