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Senate hearing set for gay judicial nominee

Oetken could become first openly gay male to sit on federal bench

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A Senate hearing has been scheduled on Wednesday for a judicial nominee who, if confirmed, could become the first openly gay male to sit on the federal bench.

The Senate Judiciary Committee is set to considered the nomination of J. Paul Oetken, whom President Obama nominated in January to become a U.S. district judge for the Southern District of New York. The hearing is scheduled for 2:30 p.m. in Room 226 of the Dirksen Senate Office Building.

Sen. Chuck Schumer, who recommended the nomination of Oetken to the bench in September, is set to preside over the hearing. Obama officially nominated Oekten to the position based on Schumer’s recommendation.

According to Schumer’s office, Oetken has practiced law at Debevoise and Plimpton, and since 2004, has served as associate general counsel at Cablevision. From 1999 to 2001, Oetken was associate counsel to President Clinton and specialized in First Amendment issues, presidential appointments, ethics, civil rights, and legal policy.

Oetken also served in various roles as an LGBT advocate. The nominee has been involved with Lambda Legal and the American Civil Liberties Union. Additionally, Oetken co-authored a U.S. Supreme Court friend-of-the-court brief in Lawrence v. Texas, which struck down sodomy laws throughout the country.

Along with Oetken, the committee is slated to consider during the hearing three other nominations: Bernice Bouie Donald, who’s been nominated to become U.S. circuit judge for the Sixth Circuit; Paul Engelmayer, who’s also been nominated to become a U.S. district judge for the Southern District of New York; and Ramona Villagomez Manglona, who’s been nominated to become a judge for the district court for the Northern Mariana Islands.

Obama in January also nominated another openly gay man to the federal bench, Edward DuMont. The president tapped him to serve as an appellate judge and to sit on the U.S. Court of Appeals for the Federal Circuit.

Whether the Senate first grants Oetken or DuMont confirmation will determine who becomes the first openly gay male to serve on the federal bench. Should DuMont receive confirmation, he would also become the openly LGBT federal appellate judge.

The Senate is considering the nomination of Oetken after the White House rejected the nomination of Daniel Alter, another New York attorney and former director of civil rights for the Anti-Defamation League, for the same position.

In October, the Washington Blade reported that the White House rejected the Alter nomination, which was recommended by Schumer, based on comments he reportedly made challenging inclusion of the phrase “under God” in the Pledge of Allegiance and suggesting that merchants not wish shoppers “Merry Christmas” during the holidays. Alter has denied he made the reported comments.

While Oetken could be the first openly gay male to serve on the federal bench, he wouldn’t be the first openly LGBT person. In 1994, President Clinton nominated Deborah Batts, an out lesbian, to serve as federal judge also for the U.S. District Court of the Southern District of New York.

The San Francisco Chronicle reported last year Judge Vaughn Walker of the U.S. District Court for Northern District of California is gay, although Walker wouldn’t comment on the reporting. Walker presided over Perry v. Schwarzenegger, a federal case that will determine the constitutionality of Proposition 8 in California.

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Congress

Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill

GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

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(Washington Blade photo by Michael Key)

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.

The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.

The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.

Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”

He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.

Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.

Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.

The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.

In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”

While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.

U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:

“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.

 “Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”

The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:

“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.

“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”


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Congress

Murkowski, Shaheen reintroduce Global Respect Act

Bill would sanction foreign nationals who commit anti-LGBTQ human rights abuses

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Then-U.S. Ambassador to Hungary David Pressman marches in the 2024 Budapest Pride parade that took place against the backdrop of the Hungarian government's continued anti-LGBTQ crackdown. The Global Respect Act would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people. (Photo courtesy of Pressman's X account)

U.S. Sens. Lisa Murkowski (R-Alaska) and Jeanne Shaheen (D-N.H.) on Wednesday once again introduced a bill that would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people.

The two senators have previously introduced the Global Respect Act. Co-sponsors include U.S. Sens. Chris Van Hollen (D-Md.), Chris Murphy (D-Conn.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Edward Markey (D-Mass.), Tammy Baldwin (D-Wis.), and Ron Wyden (D-Ore.)

“Around the world, individuals who are part of the LGBTQ+ community are in danger for simply existing,” said Murkowski in a press release. “Hate and violence cannot and should not be tolerated. I’m hopeful that this legislation will establish actionable consequences for these inexcusable human rights violations, and create a safer world for all people — regardless of who they are or who they love.” 

Shaheen in the press release notes “the risk of personal harm for LGBTQI individuals for publicly identifying who they are or expressing who they love has tragically increased in recent years.”

“Human rights, as defined by the Universal Declaration of Human rights, recognizes that global freedom, justice, and peace depend on ‘the inherent dignity’ and ‘the equal and inalienable rights of all members of the human family,” said the New Hampshire Democrat. “LBGTQI human rights are universal human rights. We must ensure that we hold all violators of those rights accountable.” 

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

The current White House has suspended most foreign aid. The elimination of these funds has left the global LGBTQ and intersex rights movement reeling.

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Congress

Garcia elected top Democrat on the House Oversight Committee

Gay Calif. lawmaker vows to hold Trump-Vance administration accountable

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U.S. Rep. Robert Garcia (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Rep. Robert Garcia (D-Calif.) on Tuesday was elected top Democrat on the House Oversight Committee in a vote that signaled the conference’s overwhelming support for a newer voice on Capitol Hill who will play a key role taking on President Donald Trump.

With a margin of 150-63, the 47-year-old openly gay congressman defeated U.S. Rep. Stephen Lynch (D-Mass.), alongside U.S. Reps. Jasmine Crockett (D-Texas) and Kweisi Mfume (D-Md.) who exited the race after the House Democratic Steering and Policy Committee backed Garcia.

Serving only since 2023, the congressman has had a remarkably quick ascent leading up to his election this week as ranking member of one of the most powerful House committees, awarded a leadership position serving under House Democratic Whip Katherine Clark (Mass.) and selected as a co-chair of former Vice President Kamala Harris’s 2024 presidential campaign.

Democratic members began jockeying for the top seat on the oversight committee this spring after the late-U.S. Rep. Gerry Connolly of Virginia stepped away amid news that his esophageal cancer had returned. He died in May.

Connolly last year fended off a challenge from one of the most well known House Democrats, U.S. Rep. Alexandria Ocasio-Cortez (N.Y.), though with a narrower margin that signaled intra-party tensions over whether leadership roles should still be awarded based on seniority.

Garcia positioned himself as a bridge between the two camps — a consensus candidate with executive managerial experience as the former mayor of Long Beach, Calif. At the same time, particularly since the start of Trump’s second term, the congressman has emerged as one of the most outspoken critics of the new Republican regime.

In a statement on X Tuesday, Garcia thanked his colleagues and promised to “hold Donald Trump and his administration accountable.”

If Democrats win control of the House next year, the oversight committee will be able to exercise powers that are now available only to Republicans under the chair, U.S. Rep. James Comer (R-Ky.), which include the authority to investigate virtually any matter across the federal government, to issue subpoenas, and to compel testimony.

In the meantime, Garcia on Monday promised that Democrats on the committee would “vigorously fight” Republican Speaker Mike Johnson’s (La.) plans “to dismantle the Government Accountability Office.”

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