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Kevin McCarthy on same-sex marriage: ‘I support the law of the land’

Republican leader pressed on views after Liz Cheney reversal

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Rep. Sean Patrick Maloney (left) proposed in 2016 an LGBTQ amendment Rep. Kevin McCarthy (R-Calif.) helped to defeat.

House Minority Leader Kevin McCarthy (R-Calif.), eager to capitalize on the U.S. government coming to the brink of a shutdown with Democrats in control of Congress, was thrown off on Thursday when asked about an LGBTQ issue in other news of the week.

In the wake of Rep. Liz Cheney (R-Wyo.) — now ostracized in the Republican Party for opposing former President Donald Trump — telling “60 Minutes” she “was wrong” to oppose same-sex marriage, McCarthy initially ducked when asked by the Washington Blade during his weekly news conference whether his views have changed.

“Look, same-sex marriage is the law of the land, and it’s what America holds and that’s the law of the land,” McCarthy said.

Pressed by the Blade on whether his views have changed, McCarthy repeated, “It’s the law of the land. I support the law of the land. I don’t see how that’s different. I don’t see how that’s news.”

McCarthy’s response leaves room for interpretation. To support the law of the land is to support same-sex marriage, but not exactly a ringing endorsement and would certainly be a different position for McCarthy.

The Washington Examiner reported McCarthy’s words in response to Blade questioning as him having “effectively endorsed” same-sex marriage. The Guardian reported McCarthy “stumbled through an answer” on the issue.

The Washington Blade placed a call to the Republican leader’s congressional office seeking clarification on whether McCarthy intended to signal he supports same-sex marriage with those words.

McCarthy — like Cheney, who once had a public spat with her lesbian sister Mary Cheney over same-sex marriage — has a record in opposition to same-sex marriage, having cast votes against it before his comments this week.

First seated as a member of the U.S. House in 2007, McCarthy missed out on key votes on same-sex marriage, including the Defense of Marriage Act and the Federal Marriage Act.

However, McCarthy as House majority whip in 2011 voted as a member of the congressional Bipartisan Legal Advisory Group in favor of taking up in court defense of DOMA, which barred federal recognition of same-sex marriage, after the Obama administration declined to defend it. The U.S. Supreme Court struck down DOMA in 2013, before ruling in favor of marriage equality nationwide in 2013.

In a related vote on LGBTQ issues, McCarthy played a key role in defeating a 2016 amendment proposed by Rep. Sean Patrick Maloney (D-N.Y.) aimed at upholding an executive order against anti-LGBTQ discrimination in the workplace among federal contractors.

The new comments demonstrate radically changed views since that time in the American public’s support of same-sex marriage. According to a Gallup poll in June, support for same-sex marriage reached a record high of 70 percent this year.

For the first time, a majority of Republicans, 55 percent said they supported same-sex marriage, the Gallup poll found. As pointed out by the Examiner, that’s nearly double the support from 10 years ago in 2011.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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