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LGBT contingent to join weekend immigration rally

Proponents of comprehensive immigration reform legislation are planning to rally this weekend

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Proponents of comprehensive immigration reform legislation are planning to rally this weekend in support of the bill — and drum up support for a proposed component that would help same-sex couples.

Tens of thousands of demonstrators — perhaps even up to 100,000 — are expected to gather Sunday at 2 p.m. on the National Mall to call for passing immigration reform this year. Reform Immigration for America, a coalition of immigration reform organizations, is staging the event.

Within this larger protest, a contingent of about 200 protesters is set to advocate for LGBT inclusion in immigration reform, and in particular, a provision to help same-sex bi-national couples.

Because same-sex couples don’t have federal marriage rights that are available to straight couples, LGBT people in same-sex relationships with a foreign national cannot marry their partner to allow them to stay in the U.S.

Under current immigration law, an estimated 36,000 same-sex bi-national couples are kept apart or are in danger of separation. Standalone legislation in Congress known as the Uniting American Families Act would allow LGBT people to sponsor their partners for permanent residency.

Advocates of UAFA are trying to include the legislation as a provision in comprehensive reform — and are taking part in the rally to ensure their presence is visible within the larger immigration movement.

Steve Ralls, spokesperson for Immigration Equality, a group advocating for UAFA, said the rally will be “a visible reminder” to Congress and the Obama administration on keeping their pledge to tackle immigration reform in 2010.

“In fact, I would say that it has already been effective,” Ralls said. “The president last week called key senators to the White House and began holding meetings about how to address this issue, and I have no doubt that the march on the Mall helped to spur those meetings along.”

Among those participating in the rally is Laurie Larson, a 56-year-old Arlington, Va., resident, who’s marching on behalf of two friends who were torn apart.

Joe and Steve, former D.C. residents, lived in the District for 10 years together until Joe was laid off from his position as a structural engineer in 2009. Joe and Steve asked to be identified only by their first names. Because of the nature of his visa, Joe was able to stay in the United States for only six months after he lost his job. The couple is now separated, but planning a move to Canada so they can stay together.

Larson, who’s straight, said she’s taking part in the rally — after having participated in a LGBT rally for immigration reform in October — because she thinks the situation is “totally ludicrous.”

“It’s incumbent upon us to keep the issue in front of people,” she said. “We’ll continue to keep the issue in front of Congress and our representatives and the public at large. To me, it’s really one of the last civil rights issues of the 21st century.”

Also participating in the rally is Emmanuel Garcia, the Chicago-based host of “Homofrecuencia,” the only Spanish language LGBT radio show in the United States. He’s bringing about 100 LGBT people on a bus to participate in the D.C. protest.

For Garcia, who’s gay, participating in the march is not just about drawing attention to UAFA, but showing that LGBT immigrants are among those who are part of the immigration movement.

“We’re focused on a more complex conversation on immigration reform,” he said. “We also understand that there are a lot of LGBTs who would benefit from immigration reform under this bill without the Uniting American Families Act included.”

Garcia said passage of immigration reform would allow LGBT immigrants — even without the passage of UAFA — to remain in the U.S. if they don’t have a partner to sponsor them for residency.

“We have people who have come out as gay, lesbian and bisexual who are also coming out as undocumented,” he said. “Some of those stories relate to both experiences — what it’s like to come out as LGBT, what it’s like to come out in a society that doesn’t accept that doesn’t want to give a certain group rights because they don’t feel they deserve them.”

As advocates come to rally on the National Mall, Sens. Chuck Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) are developing comprehensive immigration reform legislation in the U.S. Senate. Earlier this month, both senators met with Obama at the White House to discuss moving forward with the legislation.

But whether these senators will include UAFA in their legislation is unknown. Neither Schumer nor Graham’s office responded to DC Agenda’s requests to comment on the inclusion of UAFA in their bill.

Still, Ralls said he’s “optimistic” that the comprehensive legislation will include a provision for bi-national same-sex couples.

Ralls said Schumer noted during congressional testimony last year that he thought it was appropriate for immigration reform to include a UAFA-like provision. Ralls also noted that Sen. Patrick Leahy (D-Vt.), chair of the Senate Judiciary Committee, is the sponsor for the standalone version of UAFA in the Senate.

“Our hope and expectation is that with two champions as strong and influential as that, that we have a very good shot of being included,” Ralls said.

It’s also unclear when Schumer and Graham will make their bill public — and when they do, if enough time remains in the legislative calendar to pass immigration reform this year. With limited time remaining before lawmakers break to campaign for mid-term elections, other major issues such as financial reform and climate change legislation could take precedence over immigration.

Ralls said he hopes the senators will introduce their legislation sometime this spring and noted that Schumer has “remained steadfast in his desire to introduce the legislation just as soon as we can.”

Asked whether enough time remains this year for Congress to take on immigration reform, Ralls replied, “The short answer is I hope so.”

“I know that Sen. Schumer is working very hard to build the coalitions in the Senate and to bring people together to make that happen,” he said.

Despite advocates’ push for including a provision for UAFA as part of comprehensive immigration reform, a number of uncertainties and obstacles are in the way. One issue is whether Graham, who has a conservative voting record, would be open to including UAFA. The Human Rights Campaign gave him a score of 0 out of 100 on its most recent congressional scorecard.

But Ralls said he hopes Republicans such as Graham would allow for the inclusion of UAFA in the comprehensive reform because such a provision would strengthen families in the U.S.

“Republican lawmakers are going to take a strong stand in favor of family unification as a priority in the comprehensive bill,” Ralls said. “Lesbian and gay families are a natural fit for family unification issues.”

Ralls added that if Schumer and Graham can work together to create a bill that boasts bipartisan support for other issues — such as creating a path to citizenship for immigrants — UAFA “will not be a make-or-break situation.”

Another uncertainly is the degree to which the White House would support passing UAFA as part of comprehensive reform, particularly if administration officials believe including the provision would complicate passage of the larger bill.

The White House has expressed support for both UAFA and comprehensive immigration reform as individual items, but hasn’t endorsed passing them together as one larger package.

In response to a query on whether Obama would support passing UAFA this year as part of immigration reform, Shin Inouye, a White House spokesperson, said in a statement the president’s “commitment to fixing our broken immigration system remains unwavering, and he continues to hope for bipartisan leadership on legislation.”

“He has told members of both parties that if they can fashion a plan, he is eager to work with them to get it done and he has assigned Secretary [of Homeland Security Janet] Napolitano to work with stakeholders on that effort,” Inouye said.

Ralls said he thinks it would be “logical” for the White House to endorse UAFA as part of comprehensive reform if the administration favors passage of both legislative items.

“My belief is that they would like to see UAFA passed and that they are committed to comprehensive reform — and it just seems logical to me that the two go well together,” Ralls said. “If we’re going to have a comprehensive bill, it should be truly comprehensive and include lesbian and gay immigrants, too.”

But opposition from the Catholic Church — a strong voice for the Hispanic community seeking immigration reform — could be an obstacle. Last year, the U.S. Conference of Catholic Bishops came out against UAFA and said they couldn’t support immigration reform if a provision for LGBT couples were included in the larger legislation.

Ralls said the Conference of Catholic Bishops is “a sole minority voice,” though, among religious groups that have stated positions on the legislation. He said Methodists, Episcopalians, Unitarians and Jewish groups are among the religious organizations supporting UAFA.

“The list of faith groups who are committed to immigration reform that includes lesbian and gay families is very long and diverse,” Ralls said. “At the end of the day, people of faith should support keeping children with parents and families together and, in my view, it is the Christian thing to do.”

Also lacking among the advocacy groups is unanimity in favor of including UAFA as part of the larger bill.

Reform Immigration for America, an umbrella group for organizations calling for comprehensive reform, hasn’t stated a position on including UAFA in a larger bill. The organization didn’t respond to DC Agenda’s request to comment on its position.

Still, other groups supporting immigration reform have come out in favor of including UAFA in comprehensive reform. The Fair Immigration Movement, a project with the Center for Community Change, endorsed inclusion of UAFA earlier this month.

Marissa Graciosa, director of FIRM, said in a statement that her project supports the inclusion of UAFA to keep couples together.

“There is power in our diversity, but we must honor that diversity,” she said. “And it starts with keeping all families from all backgrounds together. This is why we support the Uniting American Families Act.”

Ralls said Immigration Equality is an active member for Reform Immigration for America and is working to bring organizations within that umbrella group in favor of UAFA inclusion.

In addition to FIRM, Ralls said the Mexican American Legal Defense & Educational Fund has noted the importance of including same-sex couples in immigration reform.

“So there are organizations within the immigration movement — both faith groups and immigrant groups that have been very vocal in their support of our inclusion,” he said.

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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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Federal Government

4th Circuit rules gender identity is a protected characteristic

Ruling a response to N.C., W.Va. legal challenges

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Lewis F. Powell Jr. Courthouse in Richmond, Va. (Photo courtesy of the U.S. Courts/GSA)

BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.

Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.

In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.

The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.

In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.

Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.

Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.

See this portion of the court analysis here:

4th Circuit rules against legal argument that trans treatment bans do not discriminate against trans people because ‘they apply to everyone.’

Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.

Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.

The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.

Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.

The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:

The 4th Circuit majority rebuts the state’s proxy discrimination argument.

Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”

Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.

Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.

The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.

Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.

The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.

The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.

Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.

Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.” 

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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