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GOP House members move to condemn Prop 8 ruling

Smith, Chaffetz, Bachmann among marriage opponents

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A group of conservative House Republicans on Tuesday introduced a resolution in Congress to condemn the recent federal court decision overturning Proposition 8 in California.

The introduction of the non-binding measure is one of the most prominent moves against the ruling from Republicans, whose response has largely been muted, or in some cases supportive of the decision.

Rep. Lamar Smith (R-Texas) is sponsoring the resolution, H. Res. 1607. The measure is pending before the House Judiciary Committee.

The resolution offers findings faulting U.S. District Court Judge Vaughn Walker’s decision for engaging in improper conduct during his consideration of the case. It says Walker “failed to conduct himself in an impartial manner” and “attempted to illegally broadcast the trial in disregard of the harassment such broadcast would invite on witnesses supporting Proposition 8.”

The resolution concludes that the sense of the U.S. House is that:

• Walker “failed to conduct himself in an impartial manner before striking down California’s popularly enacted Proposition 8 and thereby redefined traditional marriage to include same-sex relationships;”

• and Walker’s decision to overturn “California’s popularly enacted Proposition 8 is wrong.”

In a statement, Smith emphasized the importance of the resolution as a means to speak out against the decision, because “when it comes to judicial activism, it doesn’t get much worse.”

“The judge showed bias,” Smith said. “In his ruling, he imposed his personal views, contrary to the wishes of the majority of voters in the state.”

Smith noted that the debate over Prop 8 isn’t “about the worth of gay individuals.”

“Those who support traditional marriage recognize that gay people can be loyal friends, dedicated community leaders, and beloved sons and daughters,” he said. “And those with religious objections to same-sex marriage distinguish between the conduct, which they consider inappropriate, and the person, whom they may cherish and appreciate.”

As of Wednesday, the resolution had 17 co-sponsors, including Reps. Michele Bachmann (R-Minn.), Jason Chaffetz (R-Utah) and Steve King (R-Iowa).

A House Democratic leadership aide, who spoke on the condition of anonymity, said House Democratic leadership had no plan to bring the resolution to the House floor.

“I suppose if they want to file a discharge petition maybe they could do that, but I think we will be out of session before the clock runs [out] on a discharge,” said the aide. “So the bottom line is that the Democratic leadership has no intention of bringing this to the floor.”

A discharge petition brings a bill out of committee and to the House floor without a report from the committee and usually without cooperation of leadership. A discharge petition requires the signature of 218 House members — a simple majority.

Whether this resolution has the support of the Republican leadership is unclear. The office of House Minority Leader John Boehner (R-Ohio) didn’t immediately respond to the Blade’s request to comment on whether he supports the resolution.

Gay groups representing LGBT people on opposite ends of the political spectrum pounced on the resolution as unnecessary and hostile.

Christian Berle, deputy executive director of the National Log Cabin Republicans, said the measure was “in direct contradiction” to the tenets of individual liberty espoused by the Republican Party.

“Log Cabin Republicans would oppose any effort by Congress to play politics with this ruling,” Berle said. “Now is the time for Republicans to focus on the real issues voters care about: jobs, the economy, taxes, government spending and a free market economy.”

Michael Mitchell, executive director of the National Stonewall Democrats, said the proposed resolution represents “a willful disregard for the three branches of government.”

“On the one hand, I think it’s grandstanding,” he said. “I think that they’re just really trying to shore up their base. I think that they are definitely on the wrong side of history and that time is going to show that very quickly even in their own party.”

But in an e-mail blast Wednesday, Brian Brown, president of the National Organization for Marriage, which opposes marriage rights for same-sex couples, urged supporters to call their members of Congress to join on as co-sponsors to the resolution.

“House Resolution 1607 is an important first opportunity for leaders in Congress to go on record defending Proposition 8 and condemning the activism from the bench that would simply create — out of thin air — a new constitutional right to same-sex marriage, while overthrowing the will of 7 million California voters,” he said.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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