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LGBTQ groups stop short of criticizing Sinema for obstructing filibuster reform

Bisexual senator rebuffs Biden on voting rights proposal

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Sen. Kyrsten Sinema (D-Ariz.) has declared she won't support filibuster reform to pass voting legislation. (Blade file photo by Michael Key)

Despite an out bisexual being among two Democrats responsible for thwarting President Biden’s call to advance voting rights, LGBTQ groups that supported Sen. Kyrsten Sinema (D-Ariz.) stopped short of criticizing her directly for impeding legislation at the top of progressives’ wish lists.

Although the change being sought was limited to voting rights legislation, the refusal from Sinema to change the filibuster rule, which requires 60 votes to move legislation to the Senate floor as opposed to a simple majority, effectively put a stake in the heart of the legislative agenda for Democrats, including any possibility of enacting LGBTQ civil rights legislation like the Equality Act.

The Human Rights Campaign, the nationā€™s leading LGBTQ group, declined to identify Sinema by name in an organizational statement provided by a spokesperson via email in response to a Washington Blade inquiry on her refusal to change the filibuster to pass voting rights legislation.

“The core of our democracy is the right to vote,ā€ the statement says. ā€œThe United States Senate must act on legislation to protect that right now, including passage of federal voting rights and voting protection legislation. Without its essential safeguards guaranteeing that the voices of all voters ā€” including LGBTQ+ Black, Brown and other minority voters ā€” will be heard at the ballot box, we cannot ensure that any other right, even those currently enshrined in law, will be protected in the years to come.ā€

The closest the statement comes to criticizing Sinema, without actually doing so, is the final line: ā€œAs a result, we feel that it is necessary for the Senate to take whatever actions are required, including changes to Senate rules, to ensure a majority to pass this essential legislation.”

The Human Rights Campaign endorsed Sinema in the past as a candidate for U.S. Senate and hosted her as a special guest for fundraising and promotional events. It should be noted, JoDee Winterhof, HRCā€™s senior vice president of policy and political affairs, once worked for Sinema as chief of staff.

Asked whether HRC’s position was informed by Winterhof’s past work, the spokesperson replied: “Many of our staff have experience working on the Hill. Regardless of who they have worked for, we continue to believe that it is necessary for the Senate to take whatever actions are required, including changes to the Senate rules, to pass federal voting reform.”

Moments before Sinema was set last Thursday to meet with Biden on the filibuster, she took to the Senate floor preemptively and declared she wouldnā€™t budge.

ā€œThere’s no need for me to restate my long-standing support for the 60-vote threshold to pass legislation,ā€ Sinema said.

Added Sinema: “When one party need only negotiate with itself, policy will inextricably be pushed from the middle towards the extremes,ā€ adding that she doesnā€™t support that outcome and “Arizonans do not either.”

Joining Sinema in refusing to budge on the filibuster is her fellow moderate Sen. Joe Manchin (D-W.Va.), who has proposed alternatives to the current state of Senate rules, but ultimately rejected the changes proposed by the caucus.

In contrast to the relatively muted response from LGBTQ groups, other civil rights organizations were quick to denounce Sinema and Manchin for supporting the filibuster, calling the Senate rules as they stand Jim Crow 2.0. Late Monday, Emilyā€™s List announced it would no longer support Sinema for re-election over her position on voting rights.

Martin Luther King III, the son of the late civil rights leader, compared Manchin and Sinema to white moderates who half-heartedly supported his fatherā€™s work.

ā€œHistory will not remember them kindly,ā€ the younger King said, referring to Sinema and Manchin by name, according to PBS News Hour.

One exception to LGBTQ groups declining to criticize Sinema was the National LGBTQ Task Force, which said the senator should be coming up with alternatives to filibuster reform.

Kierra Johnson, executive director of the Task Force, said sheā€™s been ā€œasking questions because Sen. Sinema is known for being a supporter of so many pieces of progressive legislation and culture change related to queer people and women’s civil and human rights.ā€

ā€œI want to see better and more, right?ā€ Johnson said. ā€œYes, we should be working to build bridges across the aisle, across political ideology, but for me, the question is if you’re not going to support filibuster reform, then what are you supporting, and what is the pathway forward?ā€

Johnson added Sinema ā€œowes it to the people who have supported her over the years to come up with these alternatives if she wonā€™t support filibuster reform.ā€

Asked whether the Task Force has done any outreach to Sinema, Johnson said the organization is “in the process of trying to meet with her folks” and looking at ways to bring to her voices from LGBTQ movement community leaders.

Biden’s call to reform the filibuster ā€” even though it was limited to voting rights legislation ā€” may have been dead on arrival as Sinema and Manchin have consistently resisted efforts in the Senate to reform the filibuster. The efforts to change Senate rules, however, appeared to have new strength after Biden’s speech in Georgia last week making a plea for reform based on the Jan. 6 insurrection at the U.S. Capitol and the restrictive voting law passed in that state.

White House Press Secretary Jen Psaki, asked Friday about Sinema and Manchin refusing to budge on the filibuster, said the administration would continue to push for voting rights legislation.

ā€œI would say that the president’s view, as you heard him say yesterday, is that we’re going to continue to press to get this done moving forward,ā€ Psaki said. ā€œAnd that means continuing to engage with a range of officials who are supportive, some who have questions and some who are skeptical.ā€

Psaki pointed out Biden ended up having the meeting with Sinema despite her remarks on the floor, adding ā€œthat’s evidence of his continued commitment to keep engaging.ā€

The LGBTQ community, as with any issue, isnā€™t uniform in thinking Sinema should be obligated to have a certain view against the filibuster simply because sheā€™s bisexual, or that LGBTQ groups should criticize her for being obstructionist.

One LGBTQ strategist, who agreed to talk on condition of anonymity, outright rejects calls for Sinema to support a change in rules because the filibuster ā€œensures that minority perspectives cannot be trampled by majoritarianism.”

ā€œPortraying an LGBTQ woman as a gender and sexuality traitor shows a deep disrespect for our history,ā€ the strategist added. ā€œSinemaā€™s success in fighting for working families, vulnerable populations and LGBTQ rights is grounded in the belief that building large coalitions is how to best effect legal and social changes. Naturally, it follows she would be against a change in decades of Senate precedent that would prioritize hyper partisanship over persuasion.ā€

Bidenā€™s speech in Georgia may have been more of an attempt to excite the progressive base as opposed to making a strategic push for filibuster reform. After all, his popularity is at an all-time low, which limits his influence. A POLITICO/Morning Consult poll asking voters to grade Biden after his first year in office found 37 percent gave him an ā€œF,ā€ compared to the 31 who gave either ā€œAā€ and ā€œB,ā€ which is a touch worse than Trump at this point in his presidency.

The LGBTQ Victory Fund, which has endorsed Sinema in the past, declined to make any declarations about withholding an endorsement when asked by the Washington Blade.

ā€œOur Victory Fund Campaign Board ā€“ made up of more than 150 political leaders and advocates from across the country ā€“ votes to determine our endorsements,ā€ said Elliot Imse, a Victory Fund spokesperson. ā€œIf Sen. Sinema runs for reelection, a review of her record as it relates to equality will of course be a primary consideration for whether she receives our endorsement. That board vote would take place, if she applies for endorsement, in late 2023 or 2024.ā€

Imse added as a U.S. senator Sinema is not currently up for election because after being elected in 2018 she is set to hold her seat for another four years.
Ā 
ā€œSen. Sinema is not currently endorsed by Victory Fund and is not on an active ballot,ā€ Imse said. ā€œWe last endorsed her in 2018 when she was running against Martha McSally ā€“ a right-wing extremist candidate vociferously opposed to equality for LGBTQ people.ā€

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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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