Connect with us

Politics

Orrin Hatch dies at 88

Former Utah senator’s LGBTQ rights record was mixed

Published

on

Former U.S. Sen. Orrin Hatch (R-Utah) died on April 23, 2022, at the age of 88. (Screen capture via YouTube)

Former Republican U.S. Sen. Orrin Hatch, who spent over 40 years representing the state of Utah, died on Saturday at the age of 88.

The Orrin G. Hatch Foundation announced that he passed away at 5:30 p.m. MT surrounded by his family. No specific cause of death was given.

Hatch’s Senate career spanned from 1977-2019, longer than any other Republican in the nation’s history. 

The senator was best known for his efforts to get the Americans with Disabilities Act and the Children’s Health Insurance Program passed in the Senate and signed into law. He was also known for his committed political philosophy as a fiscal moderate on Capitol Hill within the Republican Party.

The Salt Lake City Tribune noted Sunday reporting on his career:

“In his early years in the Senate, Hatch was seen as a right-wing brawler, fighting for a balanced-budget amendment and laws undermining labor unions. He didn’t earn his deal-making reputation until he struck up a friendship with a liberal lion, late Massachusetts Democratic Sen. Ted Kennedy. Known as the ‘Odd Couple’ in Washington, they teamed to pass the Children’s Health Insurance Program, the first research bill on AIDS and the Americans with Disability Act.”

During a speech on June 17, 1987, then-President Ronald Reagan wryly noted in reference to Hatch and the federal budget; “Let me just say that if every member of the Senate were like Orrin Hatch, we’d be arguing over how to deal with a federal surplus. And that’s why I like to think of Orrin as `Mr. Balanced Budget’.”

His stance on hot button political/cultural issues was extremely conservative. Hatch was strongly opposed to abortion and was the author of the Hatch Amendment to the Constitution that failed to get Senate approval, which stated that there is no constitutional right to abortion and empowered the states to restrict abortion as they saw fit.

On immigration, the senator embraced tougher enforcement immigration policy including expanding the number of Border Patrol officers at the Southern border with Mexico. But he partnered with U.S. Sen. Dick Durbin (D-lll.) introducing the DREAM Act, which would provide a pathway to citizenship for the children of undocumented immigrants, who were children when their parents came to the U.S.

Thus far the legislation has languished even after being reintroduced several times, but has not been approved by majorities in either house of Congress.

On LGBTQ rights Hatch initially took the Republican Party and conservative stance on the issues of equality. At the start of his political rise in Republican politics as a newly elected U.S. senator in 1977, he told students from the University of Utah; “I wouldn’t want to see homosexuals teaching school anymore than I’d want to see members of the American Nazi Party teaching school.

Nine years later in 1996 he supported the Defense of Marriage Act.

Hatch also voted against the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which expanded federal hate crime laws to include crimes committed against people based on their gender identity and sexual orientation. During Senate debate over the legislation, he questioned whether it was necessary, suggesting that anti-gay violence was not “a major problem.”

As the country moved towards wider acceptance of same-sex marriage, in 2012, the senator voted to confirm U.S. District Court Judge Robert Shelby to the federal bench in Utah, who then-President Barack Obama had nominated.

Shelby on Dec. 20, 2013, struck down Amendment 3 of Utah’s State Constitution, which defined marriage as a union solely between a man and a woman, opening the way for same-sex marriage in the state.

Shelby ruled that Amendment 3 was in violation of the U.S. Constitution’s 14th Amendment, which guarantees due process and equal protection. As a result Shelby’s ruling set off a series of other district court decisions that overturned bans in several other states.

His ruling was affirmed by the 10th Circuit Court of Appeals on June 25, 2014. On Oct. 6, 2014, the U.S. Supreme Court declined the review the 10th Circuit’s ruling, legalizing same-sex marriage in Utah.

The ruling by Shelby and the effect on the effort to legalize same-sex marriage was noted by Hatch on a Salt Lake City radio show in 2014 saying that, even though he may not like it, legal gay marriage is inevitable:

“Lets face it. Anybody that does not believe that gay marriage is going to be the law of the land just hasn’t been observing what’s going on,” he said on KSL NewsRadio’s “Doug Wright Show.”
“The trend right now in the courts is to permit gay marriage and anybody who doesn’t admit that just isn’t living in the real world.”

Prior to his statements to KSL, in April 2013, Hatch stated publicly that he viewed same-sex marriage as “undermining the very basis of marital law,” but declined to support a federal marriage amendment and endorsed same-sex couples’ right to form a civil union, stating that the law should “give gay people the same rights as married people”

Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky and Tennessee filed federal district court cases that culminated in Obergefell v. Hodges.

After all district courts ruled for the plaintiffs, the rulings were appealed to the Sixth Circuit. In November 2014, following a series of appeals court rulings that year from the Fourth, Seventh, Ninth and 10th Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by Baker v. Nelson and found such bans to be constitutional. This created a split between circuits and led to a Supreme Court review.

On June 26, 2015, Obergefell overturned Baker and required all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.

Also in 2013 he was one of only 10 Republican senators who voted in favor of the Employment Non-Discrimination Act, legislation that would have prohibited discrimination in hiring and employment on the basis of sexual orientation and gender identity for those identifying as gay, lesbian, bisexual or transgender. On Nov. 7, 2013, the bill passed the Senate with bipartisan support by a vote of 64–32. Obama supported the bill’s passage, but the House Rules Committee voted against it.

It appeared to political observers and others that as time moved on, the senator was becoming more progressive in his viewpoints regarding LGBTQ people.

In July 2017, after then-President Trump announcement that he ordered a ban on military service for transgender Americans the senator said; “I don’t think we should be discriminating against anyone, transgender people are people, and deserve the best we can do for them.”

In June 2018, the year he retired from the Senate, Hatch gave a speech on the Senate floor expressing his support for the LGBTQ community and drawing attention to the high suicide rates among LGBTQ youth.

“No one should ever feel less because of their gender identity or sexual orientation,” Hatch said. “LGBT youth deserve our unwavering love and support. They deserve our validation and the assurance that not only is there a place for them in this society, but that it is far better off because of them. These young people need us—and we desperately need them.”

********************

Statement by President Joe Biden on the Passing of Former Senator Orrin Hatch

Jill and I and the entire Biden family are saddened to learn of the passing of Orrin Hatch, the longest-serving Senator in Utah’s history, and the longest-serving Republican senator in our nation’s history.

Orrin Hatch once shared in an interview that he had a soft side, and he had a tough side. To serve with Orrin, as I did for over three decades, was to see—and appreciate—both.

He was the fighter who carried with him the memory of his humble upbringing near Pittsburgh, who never humored a bully, or shied from a challenge. The young man who, upon receiving his degree from Brigham Young University, was the first in his family to graduate college; the young lawyer who built a successful law practice; and the senator who sprinted from meeting to meeting because there was so much to do—indeed, when Sen. Hatch retired, he had sponsored or co-sponsored more legislation than any senator at the time.

I saw that energetic, sharp-elbowed Orrin in the many battles we had over tax policy, the right of workers to join a union, and many others.

At the same time, Sen. Hatch was also a man of deep faith; a gentle soul who wrote songs and poems, and shared them with friends, colleagues and the world. This was the Orrin who looked out for the people who often didn’t have a voice in our laws and our country. I saw this in his efforts to pass the Americans with Disabilities Act and the Children’s Health Insurance Program.

When I first launched the Cancer Moonshot as vice president, one of the first visits I made was to the Huntsman Cancer Institute in Salt Lake City, at Orrin’s request. We both saw speeding the pace of cancer research as an issue that transcended political divisions.

When I cast my 10,000th vote in the Senate, Orrin came to the Senate floor and we had a chance to speak. I said that the greatest perk one has as a senator was access to people with serious minds, a serious sense of purpose, and who cared about something. That was Orrin.

He was, quite simply, an American original.

Jill and I send our deepest sympathies to Elaine, and all of the Hatch children, grandchildren, and great-grandchildren.

Former senator Orrin Hatch passes away at 88:

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Congress

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

Roughly 1.8 million LGBTQ Americans rely on Medicaid

Published

on

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.

Continue Reading

Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

Published

on

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.”

Continue Reading

Congress

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

Congressional Equality Caucus sharply criticized move

Published

on

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.

Continue Reading

Popular