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99 Dems urge State Dept. to recognize citizenship of LGBT couple’s child

Merkley, Harris lead call on Trump administration to drop appeal

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From left: Jeff Merkley (D-Ore.) and Kamala Harris (D-Calif.) are leading a group of senators in urging the Trump administration to recognize the citizenship of an LGBT couple’s child. (Washington Blade file photos by Michael Key)

A group of 99 congressional Democrats — 80 in the U.S. House, 19 in the U.S. Senate — are calling on the Trump administration to reverse its policy of refusing to recognize the birthright citizenship of children to LGBT families born overseas via surrogacy methods.

The call come in the form of a pair of letters. Leading the letter in the House is Rep. Deb Haaland (D-N.M.) and the co-chairs of the LGBT Equality Caucus, each of an openly LGB member of Congress, including Rep. David Cicilline (D-R.I.), the most senior openly gay member of the U.S. House. In the Senate, Sen. Jeff Merkley (D-Ore.) and Sen. Kamala Harris (D-Calif.) are leading the charge.

Both letters are dated June 6 and addressed to a Secretary of State Mike Pompeo. The House says the Trump administration policy is “discriminatory and cruel”; the Senate calls it “extraordinary and deeply disturbing.”

“Even in the face of the mounting hardship the policy has created for loving families, your department has gone to great lengths to continue to defend a policy in federal court that separates American families before they reach the U.S. border edge,” the Senate letter says.

The Senate letter refers to the case of Andrew and Elad Dvash-Banks, a married same-sex couple — one an American citizen, and one an Israeli national — who had twin sons through a gestational surrogate in Canada.

The State Department, however, required a DNA test to prove the children were related to the couple to provide them U.S. passports. One child, Aiden, was deemed a citizen because he’s the biological son of Andrew, but the other, Ethan, wasn’t because he’s the biological son of Elad.

The Trump administration continues to refuse to recognize the citizenship of Elad despite the U.S. Supreme Court’s decision 2015 decision in favor marriage equality nationwide, which guarantees all the “constellation of benefits” of marriage to same-sex couples.

In a case against the Trump administration filed by Immigration Equality on the basis that the policy violates the Immigration & Nationality. A federal court ruled against the State Department, but the Trump administration has appealed the decision to the U.S. Ninth Circuit Court of Appeals.

According to the Senate letter, the policy against the couple “is not an isolated case” and addition couples have come forward with similar stories.

“Stories after stories have recently been chronicled of same-sex couples being told by your department that their marriages are, by definition, invalid, and that any children they may have abroad risk becoming stateless,” the letter says. “Every new American parent should focus on celebrating the birth of a child, not be consumed with fear that all members of their family may not be welcomed back home to the United States.”

Both letters call on the Trump administration to change the policy. The Senate letter specifically calls on the Trump administration to “immediately drop” the appeal of the Dvash-Banks case and “make it clear that every U.S. married couple is entitled to the same rights under the U.S. Constitution, no matter whom they love.”

A State Department spokesperson declined to comment in response to the senators’ letter.

“We generally do not comment on our communications with Congress,” the spokesperson said. “Due to ongoing litigation, we have no further comment at this time.”

Joining Merkley and Harris in signing the letter was Sens. Edward Markey (D-Mass.), Chris Murphy (D-Conn.), Patrick Leahy (D-Vt.), Bernie Sanders (I-Vt.), Catherine Cortez Masto (D-Nev.), Dianne Feinstein (D-Calif.), Tom Udall (D-N.M.), Jacky Rosen (D-Nev.), Dick Durbin (D-Ill.), Amy Klobuchar (D-Minn.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), Cory Booker (D-N.J.), Maggie Hassan (D-N.H.), Ron Wyden (D-Ore.), Bob Casey (D-Pa.), and Tim Kaine (D-Va.).


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Virginia

Arlington LGBTQ bar Freddie’s celebrates 25th anniversary

Owner asks public to support D.C.-area gay bars

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Freddie Lutz attends the 25th anniversary celebration of Freddie's Beach Bar in Arlington, Va. on Sunday. (Washington Blade photo by Lou Chibbaro, Jr.)

An overflowing crowd turned out Sunday night, March 1, for the 25th anniversary celebration of Freddie’s Beach Bar, the LGBTQ bar and restaurant located in the Crystal City section of Arlington, Va.

The celebration began as longtime patrons sitting at tables and at the bar ordered drinks, snacks, and full meals as several of Freddie’s well-known drag queens performed on a decorated stage.

Roland Watkins, an official with Equality NoVa, an LGBTQ advocacy organization based in the Northern Virginia areas of Arlington, Alexandria, and Fairfax County, next told the gathering about the history of Freddie’s Beach Bar and the role he said that owner Freddie Lutz has played in broadening the bar’s role into a community gathering place. 

“Twenty-five years ago, opening a gay bar in Arlington was not a given,” Watkins told the crowd from the stage. “It took courage, convincing, and a deep belief that our community belongs openly, visibly, and proudly,” he said. “And that belief came from Freddie.”

Watkins and others familiar with Freddie’s noted that under Lutz’s leadership and support from his staff, Freddie’s provided support and a gathering place for LGBTQ organizations and a place where Virginia elected officials, and candidates running for public office, came to express their support for the LGBTQ community.

“Over the past 25 years, Freddie’s has become more than a bar,” Watkins said. “It has become a community maker.”

Lutz, who spoke next, said he was moved by the outpouring of support from long-time customers. “Thank you all so much for coming tonight and thank you all so much for your support over the past 25 years,” he said. “I can’t tell you how much that means to me and how much it’s kept me going.” 

But Lutz then said Freddie’s, like many other D.C. area gay bars, continues to face economic hard times that he said began during the COVID pandemic. He noted that fewer customers are coming to Freddie’s in recent years, with a significant drop in patronage for his once lucrative weekend buffet brunches. 

“So, I don’t want to be the daddy downer on my 25-year anniversary,” he said. “But this was actually the worst year we’ve ever had,” he added. “And I guess what I’m asking is please help us out. Not just me, but all the gay bars in the area.” He added, “I’m reaching out and I’m appealing to you not to forget the gay bars.” 

Lutz received loud, prolonged applause, with many customers hugging him as he walked off the stage.

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Florida

Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

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 Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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Kansas

ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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