News
Senate insiders bullish on marriage vote as summer recess nears
More than 10 Republicans possible ‘yes’ votes
Senate insiders are bullish on the prospect of a measure seeking to codify same-sex marriage after an unexpected bipartisan vote for the measure in the U.S. House as some predict lawmakers could find the 60 votes needed to end a filibuster and vote to send it to President Biden’s desk, although concerns remain about limited time on the congressional calendar.
With support for same-sex marriage at a record high — 7-in-10 Americans support gay nuptials — insiders told the Washington Blade the Senate could approve the Respect for Marriage Act with the 10 Republicans needed to end a filibuster — or even more. The major obstacles for the measure are finding a time period to put the bill up for a vote in the Senate, waiting for senators out with COVID to return to work, and rounding up enough Republican support.
One LGBTQ lobbyist, who agreed to speak on condition of anonymity, said “we’re in a good place” with votes on the measure, although whether or not 60 votes are present is hard to know until Senate Democratic leadership ultimately brings up the bill for a vote.
“I think this is one of those things where I think we are absolutely close, and I think we should move forward when we can, which I hoped would be really soon, ideally, to try to have a vote,” the lobbyist said.
Lawmakers approved the Respect for Marriage Act by a 267-157 vote, with 47 Republicans joining the unanimous Democratic caucus in supporting the legislation. One-fourth of the House Republican caucus voted for the measure, dubbed the Respect for Marriage Act. The measure would need a smaller share of Republicans in the Senate, one-fourth, to obtain the 60 votes necessary to end a filibuster in the chamber.
Sen. Tammy Baldwin (D-Wis.), the first out lesbian senator, was the subject of a recent profile in Politico and was quoted as saying she has spoken to at least 10 Republican senators. One LGBTQ lobbyist said Sen. Dianne Feinstein (D-Wis.), the sponsor of the bill in the Senate, is active in the lobbying process through notes to her staff. Sen. Susan Collins (R-Maine), an original co-sponsor of the measure, and Sen. Rob Portman (R-Ohio), who has a gay son and was an early Republican supporter of same-sex marriage, are taking an active role in lobbying the Republican caucus, insiders said.
In addition to Collins and Portman, a handful of Republicans have declared support for the Respect for Marriage Act, including Sen. Thom Tillis (R-N.C), who once voted for same-sex partner benefits; and Sen. Lisa Murkowski (R-Alaska), who has supported LGBTQ rights measures in the past. A fifth and unlikely Republican, Sen. Ron Johnson (R-Wis.), has said he sees “no reason to oppose the measure.”
Other Republicans have been non-committal, such as Sen. Mitt Romney (R-Utah), who has a reputation as a moderate, but years ago was once a champion of a proposed constitutional amendment that would have banned same-sex marriage nationwide, or announced they would oppose the measure, such as Sen. Marco Rubio (R-Fla.), who pointedly called the measure a “stupid waste of time” and Sen. Lindsey Graham (R-S.C.). One Republican, Sen. Tommy Tuberville (R-Ala.), surprisingly told reporters he’s OK with same-sex marriage, but hasn’t indicated specifically which way he’ll come down on the bill.
Romney, despite his history of opposition to same-sex marriage, may be in play, one LGBTQ lobbyist said, given his new image as a moderate and getting breathing space from Utah lawmakers in the House who were among the 47 Republicans to vote for the Respect for Marriage Act. Other potential votes identified are Sens. Joni Ernst (R-Iowa), Pat Toomey (R-Pa.), Richard Burr (R-N.C.) and Shelly Moore Capito (R-W.Va.).
Complicating matters is that a number of senators are out sick. Murkowski and Sen. Joe Manchin (D-W.Va.) have been out after contracting COVID, while Sen. Patrick Leahy (D-Vt.), the longest-serving member of the Senate, has been out with a fractured hip he suffered from a fall at his house in McLean, Va. One Republican insider said there is an effort to schedule a vote in the Senate, but that was scrapped with the number of senators absent, although another LGBTQ insider pushed back on that and said a vote may still happen this week.
Senate Majority Leader Charles Schumer (D-N.Y.), following the bipartisan vote for the Respect for Marriage Act in the House, expressed interest on the Senate floor in bringing the measure up for a vote, although he hasn’t specified any time as lawmakers are preparing to exit for the August recess. A Schumer spokesperson said he didn’t have a timing update and referred the Blade to the senator’s public remarks on the measure.
Time, however, is running out. Not only is the calendar limited before Congress adjourns for August recess, but one LGBTQ lobbyist said time is not on the side of Respect for Marriage Act as social conservatives are beginning to mount aggressive campaigns against the measure.
Schumer, asked about the Respect for Marriage Act during a weekly reporter stakeout Tuesday, said “yes” in response to a question on whether the bill remains a priority before Congress adjourns for August recess.
“OK, the bottom line is that we care very much about the Equality Act, the Marriage Equality Act,” Schumer added. “We are trying, working real hard to get 10 Republican senators. Between that and the illnesses, we’re not there yet.”
Dangerous amendments also remain a possibility. Unlike the House, which proceeded with the Respect for Marriage Act under a closed rule, the same option isn’t available in the Senate, where proposed amendments are determined by agreement among caucus leaders. One LGBTQ lobbyist, however, downplayed the threat of amendments, saying there may be some that would be acceptable if they would win the vote of additional supporters while objectionable changes could be voted down with bipartisan support.
The measure is advancing through Congress amid fears same-sex marriage is under threat after the U.S. Supreme Court overturned Roe v. Wade, when U.S. Associate Justice Clarence Thomas writing in a concurrence he’d like to revisit the the Obergefell decision along with the Lawrence v. Texas and Griswold v. Connecticut cases. No other justices signed Thomas’s concurrence, nor is any state legislature or court case advancing a challenge to marriage rights for same-sex couples.
The Respect for Marriage Act wouldn’t keep same-sex marriage the law of the land if the Supreme Court were to strike down Obergefell per se, but rather repeal from the books the Defense of Marriage Act, which the Supreme Court struck down in 2013, and require states to recognize same-sex marriages performed elsewhere. There would be constitutional issues if Congress required states to accommodate same-sex couples in their marriage laws, which have been under the jurisdiction of the states.
The marriage bill, which would codify existing law and make no additional changes, has momentum and is poised for a vote in the Senate, while the Equality Act, a measure that would expand long-sought after non-discrimination protections in federal law, remains pending in the chamber and is all but dead. No Republican support currently exists for the Equality Act, unlike the Respect for Marriage Act.
One LGBTQ lobbyist said anytime a LGBTQ rights measure like the Respect for Marriage Act gets a win, it can only have a positive impact on other measures, but was ultimately circumspect about expressing optimism for any prospects for a non-discrimination bill.
“As far as the clock on this Congress, we don’t have a lot of time left,” the lobbyist said. “While I think we were getting closer to 60 on something on non-discrimination protections, maybe not the full Equality Act, it’s hard to see the time working in our favor for this Congress, but I do think this vote in broad strokes helps us.”
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.
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.
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.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
Comings & Goings
Kansas passes bathroom bounty hunter bill
ACLU sues Kansas over law invalidating trans residents’ IDs
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Spring into sold
New book profiles LGBTQ Ukrainians, documents war experiences
PHOTOS: Queen of Hearts
Two very different views of the State of the Union
Va. activists preparing campaign in support of repealing marriage amendment
