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Senate may cue up marriage vote soon, but 60 votes not assured

Some Republican leaders doubt there’s sufficient support

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From left, Sen. Charles Schumer (D-N.Y.), Sen. Tammy Baldwin (D-Wis.) and Sen. Susan Collins (R-Maine). (Blade file photos by Michael Key)

Legislation seeking to codify same-sex marriage may be cued up as soon as this week in the U.S. Senate after lawmakers returned from August recess, although reaching the 60-vote threshold to end a filibuster is unassured.

Senate Majority Leader Charles Schumer (D-N.Y.) took to the Senate floor on Wednesday to make the case for the Respect for Marriage Act, which he said was needed in the aftermath of the U.S. Supreme Court’s decision overturning Roe v. Wade.

“Over the past few months, both sides have engaged in good-faith conversations about how to pass marriage equality into law,” Schumer said. “I truly hope ā€“ for the sake of tens of millions of Americans ā€” that there will be at least ten Republicans who will vote with us to pass this important bill soon. Democrats are ready to make it happen ā€” and willing to debate reasonable compromises on the specifics ā€” so I urge my colleagues on the other side to join us.”

The likeliest scenario, as of Wednesday, was for Senate Democrats to start the procedural process Thursday to set up for votes on the Respect for Marriage Act early next week, two Democratic aides familiar with the bill told the Blade.

Sen. Tammy Baldwin (D-Wis.), the only open lesbian in the Senate, has been a proponent of the legislation and would be a likely candidate to go to the floor to seek a vote on the legislation.

Whether or not there are 60 votes in the Senate to end a filibuster is another matter. Supporters of the legislation have been bullish about obtaining 10 Republican votes to aid the united Democratic caucus in cutting off debate to move forward with the bill, but only four Republicans have signaled support in some capacity: Susan Collins (Maine), Rob Portman (Ohio), Thom Tillis (N.C.) and Ron Johnson (Wis).

“As for vote count, still the same,” one Senate Democratic aide told the Blade on Wednesday. “We donā€™t have 10 firm commitments from Republicans, but we are close and believe that the votes are there without the firm commitments.”

Johnson also has indicated his support would be conditional upon the inclusion of language to accommodate objections to same-sex marriage on religious grounds. Language being drafted by Baldwin and Collins for such an amendment, Democratic aides familiar with the bill told the Blade, would affirm the 1993 Religious Freedom Restoration Act, but go no further.

A competing amendment on religious exemptions, however, is expected to come from Sen. Mike Lee (R-Utah), according to a report in Politico. His office didn’t immediately respond Wednesday to the Blade’s request to comment on the nature of the amendment or the support obtained for the measure.

Concerns that there aren’t enough votes to advance the Respect for Marriage Act were piqued last week in the aftermath of an article in Politico with the headline: “Same-sex marriage bill teeters on verge of GOP filibuster.” The article points out numerous Republicans who are possible “yes” votes, such as Sens. Mitt Romney (R-Utah), Pat Toomey (R-Pa.) and Lisa Murkowksi (R-Alaska), have yet to declare outright support for the legislation.

Murkowski, who was an early Republican supporter of same-sex marriage, stands out in the group as among the Republicans who have yet to declare a position on the Respect for Marriage Act, although a spokesperson for the Alaska Republican confirmed to the Blade she remains undecided.

“Sen. Murkowski has long supported marriage equality,” said Hannah Ray, a Murkowksi spokesperson. “She is reviewing the House-passed bill and tracking negotiations in the Senate over possible modifications to the text of the Respect for Marriage Act introduced by Sens. Baldwin and Collins, so at this time she has not announced how she will vote.”

The conclusion of the Politico article that sufficient support remains in question, however, appears largely based on quotes from senior Republicans in the Senate who reportedly cast doubt about whether enough members of their caucus would break away to support the bill. Senate Minority Whip John Thune (R-S.D.) was quoted as saying right now no one knows ā€œthe exact answerā€ on the number of votes; he reportedly added he hasn’t done a formal whip count.

Sen. John Cornyn (R-Texas) was reportedly more blunt in his assessment: ā€œI donā€™t see 10 Republicans,ā€ Cornyn was quoted as saying. ā€œI assume if people were inclined to support it, they would have already declared in support of it.ā€

Blade readers will remember Cornyn was the member of the Senate Judiciary Committee who pressed now U.S. Associate Justice Ketanji Brown Jackson during her confirmation hearing about the U.S. Supreme Court’s 2015 decision in favor of same-sex marriage, asking her whether she could understand observers being surprised by the outcome.

Despite Cornyn’s projections, Republicans in the Senate have had a history of keeping their cards close to their vests on measures relating to LGBTQ rights before some ultimately break away to vote in the favor of the legislation. Such has been the case in the past 12 years with “Don’t Ask, Don’t Tell” repeal and the Employment Non-Discrimination Act.

Bolstering the prospects for the Respect for Marriage Act is that the bill would reaffirm existing law as opposed to make changes. The legislation also wouldn’t codify same-sex marriage into the U.S. code, 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.

A final push for the legislation among its supporters was evident in recent days as expectations for a vote increased. The Human Rights Campaign was set on Thursday to deliver to the Pittsburgh office of the undecided Toomney letters urging him to support the Respect for Marriage Act

Within the Republican Party, more than 400 prominent Republicans signed a letter organized by the LGBTQ group Freedom for All Americans and issued on Tuesday urging support for the Respect for Marriage Act. Among the co-signers are former Republican National Committee chair Ken Mehlman, who’s gay; Mehmet Oz, the Republican Senate nominee in Pennsylvania; and former president George W. Bush’s daughter Barbara Bush.

“As Republicans and conservatives, we believe strong families and lasting relationships strengthen communities, and civil marriage is a fundamental freedom central to individual liberty and the pursuit of happiness,” the letter says. “We stand with the 71 percent of Americans today, including a majority of registered Republicans, who support the freedom to marry for all Americans.”

Baldwin, for her part, said in a statement to the Blade on Wednesday she continues to remain optimistic about reaching the necessary 60 votes on the Respect for Marriage Act and work continues behind the scenes on those efforts.

ā€œI am continuing my work to build the Republican support needed to pass our bipartisan legislation to protect marriage equality and ensure Americans in same-sex and interracial marriages are guaranteed the same rights and freedoms of every other marriage,” Baldwin said. “These loving couples deserve this certainty and the American people overwhelmingly agree.ā€

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā 

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administrationĀ last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states ā€” Oklahoma, Louisiana, Florida, and South Carolina ā€” have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a ā€œright to bullyā€ transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools ā€œshould not alter policies or procedures at this time.ā€ Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX ā€œwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā€ apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donā€™t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, ā€œWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā€

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to ā€œgaslighting the country into believing that biological sex no longer has any meaning.ā€ 

Governor Ron DeSantis approved of the letter and stated that Florida ā€œwill not comply.ā€ Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donā€™t Say Gay or Trans” law that was used to force a trans female teacher to go by ā€œMr.ā€

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role ā€œto improve school safety,ā€ and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations ā€œclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā€ The Human Rights Campaign also praised the rule, stating, ā€œrule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā€

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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