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.”
Congress
Bill seeks to block global gag rule expansion
Policy now bans US foreign aid to groups promoting ‘gender ideology’
Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.
President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.
Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.
The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.
U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.
“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.
Meng in a Congressional Equality Caucus press release added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.”
“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”
“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.
Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.
Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.
After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.
Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.
He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.
The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.
Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.
The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”
The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.
Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.
But the proposed order Capital Pride at first submitted at the April 29 hearing also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.
At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.
Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”
At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.
In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.
Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.
Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”
“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.
“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.
“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.
“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing. “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”
He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”
This story will be updated when the judge issues his revised stay away order.
European Union
European Parliament backs EU-wide conversion therapy ban
More than 1.2 million people backed campaign
The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.
ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.
The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
-
Theater4 days agoWorld premiere of ‘Everything, Devoured’ oozes queer energy
-
Federal Government2 days agoHouse Republicans push nationwide ‘Don’t Say Gay’ bill
-
The White House4 days agoFrom red carpet to chaos: A first-person narrative of the WHCD shooting
-
News3 days agoLGBTQ people are leaving Orthodox Judaism behind
