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Biden outlines plan for Senate filibuster reform: ‘It’s been abused’

President suggests it should scrapped if ‘lockdown and chaos’

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President Joe Biden (Screen capture via CSPAN)

President Biden, in the first presidential news conference of his administration, outlined his views for reforming the filibuster in the U.S. Senate, which remains the sole obstacle for getting the LGBTQ Equality Act to his desk.

Asked by Yamiche Alcindor of PBS News Hour whether the filibuster should be eliminated when voting rights or civil rights come up in the Senate, Biden said, “I believe we should go back to the position of the filibuster that existed when I was a United States senator 40 years ago.”

“Between 1970 to 1971, [when] the filbuster existed, there were a total of 58 motions to break a filibuster the whole time,” Biden said. “Last year alone there were five times as many.”

Consistent with his earlier comments, Biden suggested the right way to go on the filibuster was to go back to requiring a senator to talk on the Senate floor to filibuster as opposed to simply signaling their intent to block a motion on a bill.

“It used to be you had to stand there and talking and talking and talking and talking till you collapsed,” Biden said. “But guess what, people got tired of talking and tired of collapsing. … So, I strongly support moving in that direction.”

At the same time, Biden said he’s “a fairly practical guy” and wants to get things done consistent with the 50-50 party split in the Senate the electorate chose in the 2020 election, but suggested he may be in favor of eliminating the filibuster entirely if Republicans continue to block his agenda.

“We’re ready to get it over, and if we have to, if there’s complete lock down and chaos as a consequence of the filibuster then we’ll have to go beyond when I’m talking about,” Biden said.

In response to a follow up question from the Washington Post’s Seung Min Yim on whether ending a filibuster should take 60 or 50 votes, Biden said it would be hard to come up with a Senate rule that allows for just 50 votes to invoke cloture.

Biden, in response to a question from CNN’s Kaitlan Collins, said he agrees with former President Obama the filibuster is a relic of structural racism, but tamped down expectations when asked why then it shouldn’t be eliminated entirely.

“A successful elective policy is the art of the possible,” Biden said. “Let’s figure out how to get this done, move in the direction of significantly changing the abuse of using the filibuster first. It’s been abused from the time it came up to be, in an extreme way in the last 20 years.”

Asked if that means he’s closer to eliminating the filibuster, Biden replied: “I answered your question.”

It’s not up to Biden whether or not the Senate keeps the filibuster. It takes a simple majority vote in the Senate to change the rules. In the 50-50 Senate, that seems unlikely with several senators saying they have concerns with filibuster reform, and Sens. Kyrsten Sinema (D-Ariz.) and Joe Manchin (D-W.Va.) opposing the idea of outright scrapping the filibuster.

Despite Biden’s comments, proponents of the Equality Act face strong headwinds in making changes to the filibuster to make sure the bill becomes law and appear to be focused on getting the 60 votes needed to invoke cloture on a filibuster in the Senate.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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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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