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White House: anti-LGBT language in defense bill ‘ridiculous’

But White House stops short of threatening a veto

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Josh Earnest, gay news, Washington Blade
Josh Earnest, gay news, Washington Blade

White House Press Secretary Josh Earnest said the potential inclusion of anti-LGBT language in defense legislation is “ridiculous.” (Washington Blade file photo by Michael Key)

Amid concerns about the possibility of anti-LGBT language in major defense legislation coming to President Obama’s desk, the White House has condemned the provision as “ridiculous,” but stopped short of saying the provision alone is enough to triggerĀ a veto.

White House Press Secretary Josh Earnest said he’s “not prepared to single out particular elements” of the fiscal year 2017 defense authorization bill as worthy of vetoing the entire measure.

But Earnest but said inclusion of the language, which would undermine President Obama’s executive order barring anti-LGBT discrimination among federal contractors, in the House bill is “absolutely one of the reasons” Obama would veto the bill in the unlikely event Congress submitted that version of the legislation.

“And the prospect that Republicans would hold hostage funding for our national security unless the president makes it easier for companies to discriminate against gay people is ridiculous, but unfortunately consistent with the pattern of behavior we’ve seen from Republicans in Congress over the past several years,” Earnest added. “So, the president does feel strongly about this, but I’m not prepared to single out specific provisions.”

The House version of the defense authorization bill contains language Rep. Steve Russell (R-Okla.) inserted in committee markup that would allow religiously affiliated federal contractors to discriminate against LGBT workers, undermining Obama’s 2014 executive order against anti-LGBT discrimination. The Senate version of the bill contains no such provisions.

The lack of definition for ā€œreligious corporationā€ in the provision could allow courts to construe the term broadly to mean any federal contractor ā€” not just religious organizations ā€” in the aftermath of the U.S. Supreme Courtā€™s 2014 decision in the Hobby Lobby case.

As lawmakers in conference committee are busy hammering out the two versions of the legislation to produce a final bill to send to Obama, Democrats led by Sen. Richard Blumenthal (D-Conn.) are sounding the alarm. The conference committee is expected to produce a final report after Election Day.

Earnest said Obama’s views about the provision “have been communicated very clearly to Democrats and Republicans on Capitol Hill.”

“I don’t have any meetings to read out toĀ you, but there’s no mistaking the president’s strong opinion on the issue,” Earnest said.

Asked how confident he is Republicans would submit to Obama a defense bill free of the language, Earnest demurred, but again condemned the provision.

“I’m not in the business of predicting future congressional actions,” Earnest said. “We’ll see what they do. It certainly is their responsibility to move that kind of legislation along, but they shouldn’t use the need toĀ pass that kind of legislation to try to jam through controversial provisions that, for example, make it easier to discriminate against gay people. That’s not the right thing to do.”

Earnest’s comments are consistent with the White House Statement of Administration Policy on the House version of the defense bill, which cites the anti-LGBT language as well as other components, such as language inhibiting the removal of detainees from the facility at Guantanamo Bay, Cuba, as reasons Obama would veto the measure.

Earlier this week, Roll Call cited anonymous sources saying White House Chief of Staff Denis McDonough has personally reached out to key lawmakers on the issue and Obama is prepared to veto the fiscal 2017 defense policy bill over that language. The White House didn’t immediately respond to a follow-up email asking aboutĀ the difference between Roll Call’s reporting and Earnest’s public remarks.

A Democratic insider with knowledge of the negotiations, who spoke on condition of anonymity, said Earnest’s comments and the reporting earlier this week aren’tĀ significantly different.

“In an ideal world, would he say this on its own would be enough? Sure,” the insider said. “But the White House hardly says anything like that, so I think this is probably about the closest they could have come to saying it.”

The insider said the White House has indeed communicated its view to other people behind the scenes and McDonough has been making phone calls to Capitol Hill, so “it’s happening at the highest level, other than the president himself.”

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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