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Bill would require US foreign policy to promote LGBTQ, intersex rights

U.S. Rep. Robert Garcia (D-Calif.) among measure’s sponsors

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The Progress Pride flag flies in front of the U.S. Embassy in Berlin on July 22, 2022. The International Human Rights Defense Act would require the U.S. to promote LGBTQ and intersex rights abroad through its foreign policy. (Washington Blade photo by Michael K. Lavers)

Three lawmakers on Tuesday introduced a bill that would require the U.S. to promote LGBTQ and intersex rights abroad through its public policy.

U.S. Reps. Robert Garcia (D-Calif.) and Sara Jacobs (D-Calif.) introduced the International Human Rights Defense Act. U.S. Sen. Ed Markey (D-Mass.) has sponsored the bill in the U.S. Senate.

Garcia, the former mayor of Long Beach, Calif., of Peruvian descent who represents California’s 42nd Congressional District, last November became the first openly gay immigrant elected to Congress. Garcia on Tuesday noted to the Washington Blade during a telephone interview the International Human Rights Defense Act is the first bill he has introduced. 

“These issues around global human rights are ones that unfortunately, many aren’t codified into law,” he said.

Garcia said the U.S. has “different levels of global involvement,” depending upon who is president. He added the bill is “a great way of codifying an important office for us at the State Department, but also a series of measures and reports that will ensure that we’re promoting (LGBTQ rights) abroad.”

President Joe Biden in 2021 signed a memorandum that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy.

Then-Secretary of State John Kerry in 2015 announced the creation of the special envoy for the promotion of LGBTQ and intersex rights abroad. The White House in 2021 named Jessica Stern, who was previously the executive director of Outright International, a global LGBTQ and intersex rights group, to the position.

Former President Donald Trump tapped then-U.S. Ambassador to Germany Richard Grenell to lead an initiative that encouraged countries to decriminalize consensual same-sex sexual relations. Then-State Department spokesperson Ned Price during a 2021 interview with the Blade said  the decriminalization of consensual same-sex sexual relations is one of the Biden-Harris administration’s five priorities as it relates to the promotion of LGBTQ and intersex rights overseas.

Markey and then-California Congressman Alan Lowenthal introduced the International Human Rights Defense Act in 2021.

The Human Rights Campaign, the Council for Global Equality and Equality California are among the 111 organizations that signed a March 24 letter to U.S. Sen. Chris Coons (D-Del.), who chairs the Senate State, Foreign Operations and Related Programs Subcommittee, and U.S. Rep. Barbara Lee (D-Calif.), who is the ranking member of House State, Foreign Operations and Related Programs Subcommittee. The groups urged lawmakers to increase funding of the State Department’s Global Equality Fund to $40 million and U.S. Agency for International Development’s Inclusive Development Hub’s Protection of LGBTQI+ Persons to $30 million in fiscal year 2024. 

“We are grateful to you for your dedication to global LGBTQI+ rights programs over the last five fiscal years, including the additional $25 million increase to these programs within the Fiscal Year 2023 Consolidated Appropriations Act,” reads the letter. “These investments have provided flexibility to the State Department and USAID to scale already existing programs and develop new mechanisms to quickly deploy funding to LGBTQI+ organizations across the globe.”

“Even with these increases, the State Department and USAID continue to face significant funding gaps to address the needs of LGBTQI+ communities impacted by COVID-19, rising authoritarianism, and humanitarian crises,” adds the letter.

The White House has sharply criticized last week’s passage of a bill that would further criminalize homosexuality and LGBTQ and intersex people in Uganda. Vice President Kamala Harris on Monday spoke about her support of LGBTQ and intersex rights during a press conference with Ghanaian President Nana Afuko-Addo that took place in Accra, the Ghanaian capital.

Garcia described the Uganda bill to the Blade as “awful” and added “a big part of why we’re having this discussion now is that there are countries across the world that are criminalizing same sex relationships.”

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Congress

Garcia confronts Noem over gay asylum seeker ‘forcibly removed’ to El Salvador

Andry Hernández Romero is makeup artist from Venezuela

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Wednesday asked Homeland Security Secretary Kristi Noem about the well-being of a gay asylum seeker from Venezuela who the U.S. “forcibly removed” to El Salvador.

The gay Democrat during a House Homeland Security Committee hearing asked Noem whether Andry Hernández Romero is “alive” and whether “we can check and do a wellness check on him.”

“This individual is in El Salvador, and the appeal would be best made to the president and to the government of El Salvador,” Noem told Garcia.

The Trump-Vance administration in March “forcibly removed” Hernández, who asked for asylum because of persecution he suffered due to his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Alvaro M. Huerta, director of litigation and advocacy for the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Hernández, said officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection claimed their client is a Tren de Aragua member because of his tattoos.

The Washington Blade on April 17 reported Hernández was sent to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

Garcia, along with U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) last month met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital. The lawmakers did not visit CECOT, but Garcia told the Blade that the embassy agreed to ask the Salvadoran government to “see how (Hernández) is doing and to make sure he’s alive.”

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HRC: GOP reconciliation bill would imperil critical LGBTQ-specific programs

Republicans on House Ways and Means Committee released full text Monday

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(Washington Blade photo by Michael Key)

The cuts to federal spending in a reconciliation proposal published on Monday by the U.S. House Energy and Commerce Committee’s Republican majority could jeopardize critical programs that disproportionately serve LGBTQ communities, the Human Rights Campaign warned.

As lawmakers were set to convene for a markup on Tuesday, the country’s largest LGBTQ advocacy group said in a press release that the bill would “pose significant threats” particularly for those that might be “low-income, living with HIV, or facing food insecurity.”

HRC added that conservative members have added provisions that would (1) prohibit the use of federal Medicaid and CHIP funding to support guideline-directed, medically necessary healthcare interventions for transgender youth (2) prevent “states from defining that care as ‘essential health benefits’ for transgender people of all ages,” and (3) block funding for health providers like Planned Parenthood that “have worked diligently to create welcoming, affirming environments for the LGBTQ+ community and that are committed to reproductive freedom and providing care to all who need it.”

Since reconciliation is carved out as an exemption to the Senate filibuster, which typically requires a 60-vote threshold for legislation to pass, Republicans would need only a simple majority in the upper chamber.

In a statement, HRC President Kelley Robinson said:People in this country have been clear — they want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers drafted a handout for billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.

“Proposed cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics, all of which  disproportionately support LGBTQ+ Americans, are not just numbers on a page. They would mean families forced to choose between seeing a doctor and paying the rent. They would mean people forced to skip check ups and testing. They would mean kids missing meals.

“And attempts to load up the bill with attacks on access to health care for transgender youth drive home the point that this bill is not about the American people, but inflicting harm for political gain. This country deserves better, and we’re going to fight for it.”

Per HRC’s press release, the Congressional Budget Office estimates the Republican led proposal “could kick 13.7 million people off of Medicaid,” a program that covers “a disproportionate share of low-income LGBTQ+ people, including 21 percent of transgender individuals and 40 percent of people living with HIV.”

Along with the threat of withholding access to medicines for individual patients living with HIV, the proposed cuts could also undermine public health goals with respect to America’s decades-long effort to combat the epidemic, along with the work of community health centers that provide “services like mental health support, gender-affirming care, and STI testing.”

The group notes that LGBTQ populations — especially women, younger individuals, and LGBTQ people of color — tend to experience higher rates of food insecurity, the group noted, which means they are likely to suffer greater harm from the “stricter eligibility requirements, work mandates, and benefit reductions” targeting the SNAP program.

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Top Congressional Democrats reintroduce Equality Act on Trump’s 100th day in office

Legislation would codify federal LGBTQ-inclusive non-discrimination protections

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Senate Democratic Leader Chuck Schumer (N.Y.) and Democratic members reintroduce the Equality Act, April 29 2025 (Washington Blade photo by Christopher Kane)

In a unified display of support for LGBTQ rights on President Donald Trump’s 100th day in office, congressional Democrats, including leadership from the U.S. House and U.S. Senate, reintroduced the Equality Act on Tuesday.

The legislation, which would prohibit discrimination on the basis of sexual orientation and gender identity, codifying these protections into federal law in areas from jury service to housing and employment, faces an unlikely path to passage amid Republican control of both chambers of Congress along with the White House.

Speaking at a press conference on the grass across the drive from the Senate steps were Senate Minority Leader Chuck Schumer (N.Y.), House Speaker Emerita Nancy Pelosi (Calif.), House Democratic Whip Katherine Clark (Mass.), U.S. Sen. Tammy Baldwin (Wis.), who is the first out LGBTQ U.S. Senator, U.S. Rep. Mark Takano (Calif.), who is gay and chairs the Congressional Equality Caucus, U.S. Rep. Chris Pappas (N.H.), who is gay and is running for the U.S. Senate, U.S. Sen. Cory Booker (N.J.), and U.S. Sen. Jeff Merkley (Ore.).

Also in attendance were U.S. Rep. Sarah McBride (Del.), who is the first transgender member of Congress, U.S. Rep. Dina Titus (Nev.), U.S. Rep. Mike Quigley (Ill.), and representatives from LGBTQ advocacy groups including the Human Rights Campaign and Advocates 4 Trans Equality.

Responding to a question from the Washington Blade on the decision to reintroduce the bill as Trump marks the hundredth day of his second term, Takano said, “I don’t know that there was a conscious decision,” but “it’s a beautiful day to stand up for equality. And, you know, I think the president is clearly hitting a wall that Americans are saying, many Americans are saying, ‘we didn’t vote for this.'”

A Washington Post-ABC News-Ipsos poll released Sunday showed Trump’s approval rating in decline amid signs of major opposition to his agenda.

“Many Americans never voted for this, but many Americans, I mean, it’s a great day to remind them what is in the core of what is the right side of history, a more perfect union. This is the march for a more perfect union. That’s what most Americans believe in. And it’s a great day on this 100th day to remind our administration what the right side of history is.”

Merkley, when asked about the prospect of getting enough Republicans on board with the Equality Act to pass the measure, noted that, “If you can be against discrimination in employment, you can be against discrimination in financial contracts, you can be against discrimination in mortgages, in jury duty, you can be against discrimination in public accommodations and housing, and so we’re going to continue to remind our colleagues that discrimination is wrong.”

The Employment Non-Discrimination Act, which was sponsored by Merkley, was passed by the Senate in 2013 but languished in the House. The bill was ultimately broadened to become the Equality Act.

“As Speaker Nancy Pelosi has always taught me,” Takano added, “public sentiment is everything. Now is the moment to bring greater understanding and greater momentum, because, really, the Congress is a reflection of the people.”

“While we’re in a different place right this minute” compared to 2019 and 2021 when the Equality Act was passed by the House, Pelosi said she believes “there is an opportunity for corporate America to weigh in” and lobby the Senate to convince members of the need to enshrine federal anti-discrimination protections into law “so that people can fully participate.”

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