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Senate’s Respect for Marriage Act designed to withstand legal challenge: Padilla

‘Might there be legal challenges to it? I hope not. But in the case that there are, I believe it will be upheld’

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Senator Alex Padilla and Vice President Kamala Harris
Senator Alex Padilla and Vice President Kamala Harris. (Photo credit: Office of Senator Padilla)

Update: A bipartisan group of 62 senators voted Wednesday afternoon to open debate on the Respect for Marriage Act, with a vote by the full chamber expected as early as Thursday

The Senate’s version of the Respect for Marriage Act (RFMA) was written to “provide the strongest protections possible while being very thoughtful to ensure the best legal defense” in the face of a possible litigated challenge, Sen. Alex Padilla (D-Ca.) said.

“Might there be legal challenges to it? I hope not. But in the case that there are, I believe it will be upheld,” Padilla told the Washington Blade by phone on Wednesday, ahead of the Senate’s expected procedural vote on the legislation.

It is the prerogative of any senator to propose additional amendments to the RFMA, as with any legislation, but the appetite among the bipartisan coalition of lawmakers backing the bill is for none to be added at this stage, said Padilla, who is among its co-sponsor.

The California senator credited Sen. Tammy Baldwin (D-Wi), the Democratic lead on negotiations over the bill, with securing “the Republican support necessary to overcome the filibuster.”

“I’m grateful that my Republican colleagues were willing to see the light and act accordingly here,” Padilla said.

As written, the RFMA “makes clear that the federal government will not discriminate in marriage on the basis of sex or race [while requiring that] states must acknowledge marriages happening in other states,” said Cathryn Oakley, state legislative director and senior counsel at the Human Rights Campaign, America’s largest LGBTQ organization.

The legislation “is really important as insurance for what’s happening next,” she said during a media briefing jointly hosted by HRC and GLBTQ Legal Advocates and Defenders (GLAD). “We don’t know what lays in front of us,” Oakley said.

Writing a concurring opinion earlier this year in the case of Dobbs v. Jackson Women’s Health Organization, Supreme Court Justice Clarence Thomas signaled his interest in revisiting the high court’s ruling establishing constitutional protections for same-sex marriage.

“Part of the urgency” to pass the RFMA during this legislative session “has been the fallout from the Dobbs decision at the Supreme Court, where extremists undid 50 years of Roe v. Wade protections and jeopardized other rights,” Padilla said.

“With a target on [same-sex] marriage, we appreciate that Congress is stepping up to do something,” GLAD’s Senior Director of Civil Rights and Legal Strategies Mary Bonauto said during the media briefing this morning.

“This bill is careful with how to thread the needle,” she said, “protecting state and federal marriages without addressing a host of other issues.”

“There are limitations to the bill,” Oakley conceded. “But what it is doing is really important – symbolically, legally, and practically,” she said, noting that there are more than 1,100 federal rights and benefits conferred through marriage that will be protected for same-sex couples through passage of the RFMA.

“Not to get ahead of ourselves,” Padilla said, but the RFMA will hopefully pave the way toward eventual passage of the Equality Act, which would expand civil rights protections to prevent discrimination against LGBTQ Americans in employment, housing, credit, jury service, and federally funded programs.

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Politics

Heritage Foundation praises effort to ban transgender healthcare for military families

House GOP signals eagerness to implement Project 2025’s anti-LGBTQ policies

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Donald Trump, gay news, Washington Blade
President-elect Donald Trump addresses the anti-LGBT Heritage Foundation in 2017. (Washington Blade file photo by Michael Key)

In a statement released Tuesday, the conservative Heritage Foundation praised House Republicans’ military spending bill, including the provision added by Speaker Mike Johnson (R-La.) that would ban gender-affirming healthcare interventions for the children of U.S. service members.

Victoria Coates, vice president of the organization’s Kathyrn and Shelby Cullom Davis Institute for National Security and Foreign Policy, said the National Defense Authorization Act, which was passed by the U.S. House Rules Committee along party lines on Monday, marks an “important step toward a defense budget that flows from strategy and directs DOD to become as lethal as possible to protect the national security of Americans.”

“The bill authorizes resources for DOD at the border, retains the House’s ban on corrosive race-based policies, eliminates the Senate’s provision to draft our daughters, prohibits transgender surgeries for minors under TRICARE, supports military construction in the Indo-Pacific and shipbuilding, including a third Arleigh Burke–class destroyer, and incremental funding for a second Virginia-class submarine,” Coates said. “These policies in this bill, combined with new military leadership, will make America stronger.” 

In April 2022, the Heritage Foundation published Project 2025, a comprehensive 920-page governing blueprint for President-elect Donald Trump’s second term that proposes radical reforms to imbue the federal government with “biblical principles” and advance a Christian nationalist agenda, including by stripping rights away from LGBTQ Americans while abandoning efforts to promote equality for sexual and gender minorities abroad.

“The next conservative president must make the institutions of American civil society hard targets for woke culture warriors,” the authors explain on page four, beginning “with deleting the terms sexual orientation and gender identity (“SOGI”), diversity, equity, and inclusion (“DEI”), gender, gender equality, gender equity, gender awareness, gender-sensitive, abortion, reproductive health, reproductive rights, and any other term … out of every federal rule, agency regulation, contract, grant, regulation, and piece of legislation that exists.”

The document also lays the groundwork for the incoming administration to revive the ban on military service by transgender troops that Trump implemented during his first term, arguing that “gender dysphoria is incompatible with the demands of military service.”

Leading up to the election, when Project 2025 became a political liability for Trump, he tried to distance himself from the document and its policy proposals, but as the New York Times documented, an “analysis of the Project 2025 playbook and its 307 authors and contributors revealed that well over half of them had been in Mr. Trump’s administration or on his campaign or transition teams.”

The Times also noted that Trump has held meetings with Heritage Foundation President Kevin Roberts and a co-founder, Edwin Feulner.

In October, the Congressional Equality Caucus published a report entitled, “Ripping Away Our Freedoms: How House Republicans are Working to Implement Project 2025’s Assault on LGBTQI+ Americans’ Rights.”

The group’s openly gay chair, U.S. Rep. Mark Pocan (D-Wis.), noted that “When Republicans took control of the House of Representatives last year, we saw an avalanche of attacks against the LGBTQI+ community.”

The congressman added, “During the past two years, they forced more than 70 anti-LGBTQI+ votes on the House floor. And nearly every bill and amendment idea was ripped out of the pages of Project 2025’s ‘Mandate for Leadership 2025: The Conservative Promise.’”

The NDAA filed by House Republicans is unlikely to pass through the U.S. Senate while the chamber remains under Democratic control, and President Joe Biden has vowed to veto legislation that discriminates against transgender and LGBQ communities, but the spending package will face far fewer obstacles after the new Congress is seated on Jan. 3 and Trump is inaugurated on Jan. 20.

Objecting to the spending bill’s inclusion of language prohibiting military families from accessing gender affirming care are congressional Democrats like U.S. Rep. Adam Smith (Wash.), who serves as the ranking member of the U.S. House Armed Services Committee, and advocacy groups like the Human Rights Campaign and the American Civil Liberties Union.

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District of Columbia

Mayor, police chief highlight ‘significant’ drop in D.C. crime

Officials cite arrests in two LGBTQ-related cases

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D.C. Mayor Muriel Bowser said the improved crime data this year was due to a combined effort in adopting new programs to fight crime. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser joined District Police Chief Pamela Smith and Deputy Mayor for Public Safety and Justice Lindsey Appiah in crediting a series of stepped-up crime fighting and crime reduction programs put in place over the past year with bringing about a 35 percent reduction in violent crime in the city over the past year.

Bowser, Smith, and Appiah highlighted what they called a significant drop in overall crime in the nation’s capital at a Dec. 9 news conference held at the D.C. Metropolitan Police Department headquarters’ Joint Operations Command Center.

Among other things, the city officials presented slides on a large video screen showing that in addition to the 35 percent drop in overall violent crime during the past year, the number of carjackings dropped by 48 percent, homicides declined by 29 percent, robberies declined by 39 percent, and assaults with a dangerous weapon also dropped by 29 percent.

“I want to start by thanking MPD and I want to thank all of our public safety teams, local and federal, and the agencies that support their work,” Bowser said in noting that the improved crime data this year was due to a combined effort in adopting several new programs to fight crime.

Bowser also thanked D.C. Council member Brooke Pinto (D-Ward 2) who introduced legislation backed by the mayor and approved by the Council in March of this year called the Secure D.C. bill, which includes a wide range of new crime fighting and crime prevention initiatives.

In response to a question from the Washington Blade, Chief Smith said she believes the stepped-up crime fighting efforts played some role in D.C. police making arrests in two recent cases involving D.C. gay men who were victims of a crime of violence.  

In one of the cases, 22-year-old Sebastian Thomas Robles Lascarro, a gay man, was attacked and beaten on Oct. 27 of this year by as many as 15 men and women at the D.C. McDonald’s restaurant at 14th and U Street, N.W., with some of them shouting anti-gay slurs. D.C. police, who listed the incident as a suspected hate crime, arrested a 16-year-old male in connection with the case on a charge of Assault with Significant Bodily Injury.

The other case involved a robbery and assault that same day of gay DJ and hairstylist Bryan Smith, 41, who died 11 days later on Nov. 7 from head injuries that police have yet to link to the robbery. Police  have since arrested two teenage boys, ages 14 and 16, who have been charged with robbery. 

Smith said the police department’s Special Liaison Branch, which includes the LGBT Liaison Unit, will continue to investigate hate crimes targeting the LGBTQ community.

“And so, I think that what we will do is what we have been doing, which is really making sure that the reports are coming in or the incident reports are coming in and we’re ensuring that the Special Liaison Branch is getting out to the communities to ensure that those types of hate crimes are not increasing across our city,” she said.

Smith added, “We will continue to work with the community, work with our members, our LGBTQ, our other groups and organizations to ensure that we are getting the right information out and making sure that people, when they see something, they say something to share that information with us.”

Data posted on the D.C. police website show from Jan. 1-Oct. 31, 2024, a total of 132 hate crimes were reported in the District. Among those, 22 were based on the victim’s sexual orientation, and 18 were based on the victim’s gender identity or expression.

During that same period, 47 hate crimes based on the victim’s ethnicity or national origin were reported, 33 were reported based on the victim’s race, and six were based on the victim’s religion. 

The data show that for the same period in 2023, 36 sexual orientation related hate crimes were reported, and 13 gender identity or expression cases were reported.

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Ghana

Activists: Ghanaian presidential election results will not improve LGBTQ rights

Supreme Court on Dec. 18 to rule on anti-LGBTQ law

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Ghanaian President-elect John Dramani Mahama (Photo via John Dramani Mahama Official Instagram)

Former Ghanaian President John Dramani Mahama from the opposition National Democratic Congress has won Saturday’s general elections, defeating current Vice President Mahamudu Bawumia of the New Patriotic Party.

The NDC before the election had pledged its support for the Human Sexual Rights and Family Values Bill, which would further criminalize LGBTQ people and those who support them.

The bill, which MPs approved in February, has yet to be signed by outgoing President Nana Akufo-Addo because of a ruling the Supreme Court is expected to issue on Dec. 18. Richard Dela Sky, a journalist and private lawyer, challenged the law in March.

The NDC, NPP and other parties used recognition of LGBTQ rights to persuade Ghanaians to vote for them. Mahama during a BBC interview last week said LGBTQ rights are against African culture and religious doctrine.

Berinyuy Hans Burinyuy, LGBT+ Rights Ghana’s director for communications, said homophobic attacks and public demonstrations increased during the campaign.

“The passage of the Human Sexual Rights and Family Values Bill into law will institutionalize State-sanctioned discrimination and violence against LGBTQ+ individuals, leaving little to no legal recourse for those affected,” said Burinyuy. “The climate of fear and uncertainty that has gripped Ghana’s LGBTQ+ community cannot be overstated.”

“While the political atmosphere remains hostile, there is still hope that the Supreme Court will rule in favor of human rights and constitutional protections,” added Burinyuy. “Should the court strike down the bill, it will be a significant victory for LGBTQ+ rights and a blow to the growing wave of homophobia that has swept the country.”

Awo Dufie, an intersex person and cross-dresser, said the LGBTQ community is going to be at increased risk under the NDC-led government because it supports anti-LGBTQ rhetoric.

“Mahama supported the anti-LGBT bill as well as the arrest and prosecution of human rights defenders,” noted Dufie. “Politicizing queer rights as a distraction actually started under Atta Mills (the-late president of Ghana) and the NDC government in 2011, and it was an NDC MP (Sam George) who furthered this in 2021 vocalizing support for the anti-LGBT bill.”

Dufie added Ghanaians “voted out a worse corrupt government who had no respect for human rights, and brought in a former corrupt president who has also promised to not respect human rights.”

Activism Ghana, another LGBTQ rights group, said the attacks against LGBTQ Ghanaians are a series of political ploys designed to win votes as opposed to accelerating development.

“Hate the gays, win the votes, and when they win and fail to deliver development and prosperity, they scapegoat the gays to take away attention from real problems,” said Activism Ghana.

Secretary of State Antony Blinken on Monday congratulated Mahama’s election, and noted Naana Jane Opoku-Agyemang will become the country’s first female vice president.

“The United States commends the Electoral Commission, its hundreds of thousands of poll workers, civil society, and the country’s security forces, who helped ensure a peaceful and transparent process,” said Blinken in a statement. “We also applaud Vice President Mahamudu Bawumia for his gracious acceptance of the results.”

Mahama’s inauguration will take place on Jan. 7.

Advocacy groups continue to urge Akufo-Addo to veto the Human Sexual Rights and Family Values Bill or amend sections that further criminalize LGBTQ people and allies.

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