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Analysis: Bipartisan legislative approach wins out as marriage vote nears

Schumer expects action soon to codify rights into law

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Sen. Charles Schumer (left) has appeared to yield to the bipartisan approach to marriage bill proposed by Sen. Tammy Baldwin (D-Wis.) and Susan Collins (R-Maine). (Blade file photos by Michael Key)

Two strategies for passing legislation have emerged within the Democratic caucus: either build support among Republicans or push it through to expose their position. Both were on full display this week over legislation seeking to codify same-sex marriage into law. At the end of the day, the more bipartisan approach appears to have won out.

It started amid reports earlier in the week, which were confirmed by the Washington Blade, that senior Senate Democratic leadership was considering attaching the Respect for Marriage Act to the continuing resolution, a stopgap that would continue funding the government as lawmakers hammer out a budget for the upcoming fiscal year.

It’s unclear why attaching the marriage bill to the continuing resolution was an option. Either as a standalone bill or an amendment, the marriage legislation needs 60 votes to end a filibuster in the Senate. Including the marriage bill in the budget stopgap may have been seen as a way to act swiftly on the marriage bill during a limited legislative calendar before Election Day.

The approach, in fact, could have had the effect of sinking the marriage bill: Republicans who may have been on board could have instead found a reason to vote “no” if the measure were included in the continuing resolution over objections to adding an extraneous issue to the measure.

One thing stands out: The idea of moving forward with the legislation regardless of how Republicans will vote is consistent with the general legislative strategy of Senate Majority Leader Charles Schumer (D-N.Y.). Ever the political animal, Schumer has no qualms about forcing a vote on legislation with no chance of getting 60 votes if it means exposing Republicans, especially when that would occur within two months of Election Day.

Take, for example, Schumer’s decision to bring to the floor after the Supreme Court’s decision in Dobbs an abortion rights measure with no Republican support as opposed to another more bipartisan measure. Whether or not the measure actually had 60 votes in support is an afterthought.

In other words, the approach of putting the marriage provision in the continuing resolution was more consistent with the legislative model of Build Back Better and the Inflation Reduction Act, which passed without any Republican votes. But the standalone measure is more consistent with approaches seen with the bipartisan infrastructure bill and the gun reform measure. Each made it to Biden’s desk, but in different ways and with different political fallout.

In the case of the marriage bill, the standalone approach appears to have won out. Schumer, speaking with reporters, said he expects the marriage vote “in the coming weeks” and threw cold water on the idea about including it in the continuing resolution: “We would prefer to do it as a separate bill. We hope there are 10 Republicans to help us with that.”

It’s not hard to imagine Schumer getting a call from supporters of the marriage bill who had a problem with including the measure as part of the continuing resolution. Sen. Tammy Baldwin (D-Wis), who’s not only the first out lesbian in the U.S. Senate, but a senator with a reputation for seeking to reach the across the aisle, has been in charge of rounding up votes for some time and has signaled that 10 Republicans are within reach. Among the original co-sponsors of the bill is Sen. Susan Collins (R-Maine), who has publicly commented about working her side of the aisle on the bill.

Baldwin and Collins, following news earlier in the week about the possibility of including the marriage bill in the continuing resolution, published a joint op-ed in the Washington Post on the importance of the measure and getting it done on a bipartisan basis.

“We have worked across party lines to bring the Senate together and build support for the Respect for Marriage Act because we should be able to agree that same-sex and interracial couples, regardless of where they live, both need and deserve the assurance that their marriage will be recognized by the federal government and that they will continue to enjoy freedoms, rights and responsibilities that come with all other marriages,” Baldwin and Collins wrote.

Another factor suggesting a bipartisan approach on the marriage legislation has won out: Schumer in the remarks this week name-checked Sen. Kyrsten Sinema (D-Ariz.) as one of the leaders in the Democratic caucus seeing to build support for the measure. Although Sinema, the only out bisexual in Congress, is vilified among progressives, she was among the leaders in the cadre of lawmakers who obtained sufficient bipartisan support for the infrastructure deal and gun reform measure.

If the marriage bill passes in the Senate, as supporters of the measure are predicting, it appears the credit would go to the old-school approach of working across the aisle to build a consensus for a more durable legislative solution. The strict party-line approach will have to take a back seat and find another legislative vehicle.

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District of Columbia

Mayor Bowser signs bill requiring insurers to cover PrEP

‘This is a win in the fight against HIV/AIDS’

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D.C. Mayor Muriel Bowser (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.

Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.

Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.

Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.

Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.

“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”  

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Hungary

JD Vance to travel to Hungary next week

Country’s elections to take place on April 12

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Vice President JD Vance speaks at CPAC on Feb. 20, 2024. He and his wife, Usha Vance, will travel to Hungary next week. (Washington Blade photo by Michael Key)

Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.

An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.

JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”

The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.

Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.

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The White House

Pam Bondi ousted as attorney general

Donald Trump announced firing on Thursday

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Now former U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

President Donald Trump removed Attorney General Pam Bondi from her post Thursday, following growing criticism over how she and the Department of Justice handled a range of issues, including matters related to sex offender and Trump ally Jeffrey Epstein.

Trump announced Bondi’s removal on Truth Social, where he also said Todd Blanche will serve as acting head of the Justice Department.

“Pam Bondi is a great American patriot and a loyal friend, who faithfully served as my attorney general over the past year,” Trump wrote on the platform. “Pam did a tremendous job overseeing a massive crackdown on crime across our country, with murders plummeting to their lowest level since 1900.”

Trump was seen as recently as Wednesday with the now-former attorney general at a Supreme Court hearing on citizenship.

The decision contrasts with Trump’s previous public praise of Bondi, the 87th U.S. attorney general and former 37th attorney general of Florida, who served in that role from 2011-2019 before joining the Trump-Vance administration. He has frequently lauded her loyalty and said he speaks with her often. Bondi was also one of president’s defense lawyers during his first impeachment trial.

Privately, however, Trump had grown frustrated that Bondi was not “moving quickly enough” to prosecute critics and political adversaries he wanted to face criminal charges, according to multiple sources. The New York Times reported that her inability to charge former FBI Director James B. Comey and New York Attorney General Letitia James with any crimes is a large factor in the president’s choice to fire her from the government’s primary law enforcement agency.

The move comes as Trump has sought to minimize public turmoil within his administration, avoiding the perception of a revolving-door Cabinet that defined his first term.

Lee Zeldin, a former Republican congressman from New York who unsuccessfully ran for governor, has emerged as a leading contender to lead the Justice Department. He has been one of Trump’s most reliable allies.

“He’s our secret weapon,” Trump said of Zeldin in February during a White House event promoting the coal industry, adding, “He’s getting those approvals done in record-setting time.”

Bondi has also growing faced scrutiny from Congress.

The House Oversight Committee recently subpoenaed her to testify about the department’s handling of certain files, where she declined to answer key questions during a contentious House Judiciary Committee hearing in February.

The Tampa native has a long history of opposing LGBTQ rights through her roles in government. As Florida attorney general, she fought against the legalization of same-sex marriage, arguing it would cause “serious public harm,” pushing forward a legal battle that cost taxpayers nearly half a million dollars. She also asked the Florida Supreme Court to overturn a lower court ruling that found the state’s same-sex marriage ban unconstitutional.

More recently, Bondi established a “Title IX Special Investigations Team” within the Justice Department focused on restricting transgender women and girls from participating in women’s and girls’ sports teams and accessing facilities aligned with their gender identity. She also told Children’s Hospital of Philadelphia to turn over the medical records of anyone under 19 who received gender-affirming care.

Her removal follows Trump’s decision last month to oust another controversial female Cabinet figure, Kristi Noem.

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