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A dismal future under GOP control?

Advocates fear ‘zero probability’ of pro-gay advances in next Congress

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The prospects of House minority leader John Boehner becoming speaker are frightening for LGBT rights supporters. HRC has given Boehner a zero in its annual congressional scorecard. (Photo courtesy of Republican National Conference)

LGBT rights supporters are bracing for a freeze on pro-gay legislation in the next two years if — as many pundits predict — Republicans take control of the U.S. House and Democrats have a reduced majority in the Senate.

Patrick Egan, a gay New York University political science professor, said what he sees for outstanding pro-LGBT legislation in the 112th Congress is “not a pretty picture.”

“I would say nothing’s going to happen,” Egan said. “You can see how difficult it was getting any kind of pro-gay legislation out of two houses that were solidly controlled by Democrats, and the picture’s just going to get worse to the extent that Republicans gain power on Capitol Hill.”

Egan said he couldn’t identify which bills — such as the Domestic Partnership Benefits & Obligations Act or the Employment Non-Discrimination Act — have a greater chance of passing than others because he thinks, “the probability of all of them is zero.”

“I’m just so pessimistic about anything moving at all that I actually don’t think that question is very meaningful,” he said.

Michael Cole, a spokesperson for the Human Rights Campaign, drew on the record of Republican control throughout the 1990s and early 2000s in his prediction of what could happen next year.

“We saw what Republican leadership looked like in the House, and that was when we had a Federal Marriage Amendment being debated, it’s when we saw [the Defense of Marriage Act] passed, it’s where we saw a slew of efforts that delayed our progress,” Cole said.

Cole said the possibility of a hostile Congress underscores the need for LGBT rights supporters to work to elect friendly lawmakers during the campaign season.

“I don’t want to be too fatalistic about where things are going to end up because while there’s six weeks until the election, six weeks is a long time, and no one can honestly say they’ll know what’s going to happen,” Cole said.

Still, political experts across the board are predicting that Republicans will achieve enough gains in the U.S. House on Election Day to take a majority in the chamber.

Nate Silver, founder of the FiveThirtyEight blog, estimated last week that Republicans have a 65 percent chance of taking the House. His model projects that Republicans will go from holding 188 seats to approximately 223 seats and give them a narrow majority.

Earlier this month, Cook Political Report on its website also identified Republicans as modest favorites to take control of the House.

“The Cook Political Report’s current outlook is for a Republican net gain of at least 40 seats,” the website states. “A turnover of 39 seats would tip majority status into Republican hands.”

Such an outcome would lead to the retirement of U.S. House Speaker Nancy Pelosi (D-Calif.) and the ascension of House Minority Leader John Boehner (R-Ohio) to her role.

Many Washington insiders are anticipating that House Democrats will be facing bad news on Election Day. At a recent D.C. fundraiser where Pelosi didn’t appear at the expected time, attendees joked that she was delayed because she was trying to get rid of a tape-measure wielding Boehner from her office.

Cole said the possibility of Boehner taking control of the House would be bad news for LGBT people and noted HRC has previously given the minority leader — as well as others in Republican leadership, such as Reps. Eric Cantor (R-Va.) and Mike Pence (R-Ind.) — a “0” on its congressional scorecards.

“These are the people who would be deciding the agenda of what gets to the floor,” Cole said.

Ileana Ros-Lehtinen (R-Fla.), a lawmaker known for her support for the LGBT community and co-sponsor of numerous pro-LGBT bills in Congress, said she’s unsure of what will happen with these bills if her party takes control of the House as she criticized the current Democratic majority for not taking action.

“I don’t know what will happen with Republicans,” she told the Blade last week. “I know what’s happening now. I don’t really get an opportunity to get to vote on those [bills] very often on the floor.”

Ros-Lehtinen was also reluctant to say that she’d be the champion of pro-LGBT legislation under GOP control in the House.

“I think that there are a lot of champions in a bi-partisan way on these issues,” she said. “I would not consider myself a champion of anything, but I’m proud to support the bills. But right now, it’s Democrat control, so you got to ask [U.S. House Speaker] Nancy [Pelosi] what’s up.”

Even with fears and uncertainty about how a GOP-controlled Congress would handle LGBT issues, the Republicans haven’t been emphasizing social issues in their quest to retake Congress.

The House Republicans’ “Pledge to America,” which was unveiled last week, notably has little to do with social issues and instead plays up economic policy.

The pledge has one line saying Republicans will work to defend “traditional marriage.” Other issues, such as “Don’t Ask, Don’t Tell,” aren’t mentioned in the document.

Brian Moulton, HRC’s chief legislative counsel, wrote in a blog posting last week that the document shows LGBT people wouldn’t fare well under a Republican-controlled Congress.

“While the document focuses heavily on economic issues, its ‘pledge’ also includes hostility to LGBT equality, promising support for ‘traditional marriage’ and, in a thinly veiled attack on LGBT advances through legislation and the courts, criticizing actions that ‘thwart the will of the people and overturn their votes and their values,'” Moulton said.

Even under Republican control, options would be available to the Democratic minority to work to pass pro-LGBT legislation.

One possibility would be to pass bills through a discharge petition, a maneuver that could bring legislation that’s bottled up in committee to the House floor. Supporters of pro-LGBT bills in the Democratic minority could find Republican moderates to sign the discharge petition to obtain 218 signatures needed to move forward with the legislation.

But Egan was skeptical about the use of a discharge petition to pass pro-LGBT legislation and said he doesn’t think moderate Republicans would join such an effort.

“The few moderate Republicans who are left are going to be worried about a primary challenge from their right in the cycle,” Egan said. “One of the true ways to invite a primary challenge from your right-wing is to vote for LGBT-friendly legislation.”

As Democrats face dismal prospects in the House, LGBT rights supporters may be able to look to a Democratic-controlled Senate to advance pro-gay legislation.

In the Senate, where only one-third of the seats are up for grabs during any given election cycle, the forecast is better for the Democrats, although Republican gains are still expected.

Silver estimates that Republicans have an 18 percent chance of taking the Senate. Still, his model projects Democrats will go from having 59 seats in the chamber to having an estimated 52.2 seats.

The reduced Democratic majority in the Senate may mean that the 60-vote threshold needed to overcome a filibuster in the chamber could be further out of reach.

Still, Democratic control in the Senate could provide the opportunity of amending larger pieces of legislation with pro-LGBT measures in the chamber in the hopes that such language would survive in conference committee for both chambers to approve and send to the president’s desk.

Such a tactic would be similar to how the Senate in 2000 amended major defense legislation with a hate crimes protections measure as a way forward. The hate crimes measure didn’t become law that year and only made it into the books last year as part of defense legislation signed by President Obama.

But Egan was skeptical about the prospects of being able to move forward with pro-LGBT legislation in the Senate even by amending larger legislation.

“That sort of tactic tends to be blocked by Republican senators who are social conservatives, and I would imagine that would continue to happen in the next session,” Egan said.

Egan said he expects a number of Democratic senators will be replaced after Election Day with “hard-core social conservatives” and said the scenario under which pro-LGBT legislation advances under those circumstances seems “really unlikely.”

With a possible block on pro-LGBT legislation in the upcoming Congress, eyes could be on Obama to make administrative changes beneficial to the LGBT community as opposed to having to rely on enacting legislation.

Matt Foreman, program director for LGBT and immigrant rights at the Haas Jr. Fund, said the Obama administration has at its disposal the means to help the LGBT community regardless of the election results in November.

“There are dozens and dozens of ways in which the Obama administration can continue to change federal policies and practices to improve the response of the federal government to needs of LGBT people,” Foreman said.

Foreman said he thinks advocates often elevate legislation over potential policy changes, such as funding for community centers and anti-violence programs as well as determining how a family is defined in the health care reform and how jobs programs treat LGBT applicants.

“All of those things are incredibly important to people, so I think that even if strong anti-LGBT majorities take control of Congress, there will still be lots and lots of opportunities to make progress within the administration,” Foreman said.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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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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