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Takano calls on Obama to speak out on Prop 8

Deadline to file brief is Thursday

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Mark Takano, United States House, California, gay news, Washington Blade
Mark Takano, United States House, California, gay news, Washington Blade

Rep. Mark Takano (D-Calif.) is calling on President Obama to participate in the Prop 8 case (Washington Blade photo by Michael Key)

A freshman openly gay member of Congress from California is calling on President Obama to participate in litigation challenging Proposition 8 before the Supreme Court as the administration has done in the DOMA case.

In a letter dated Feb. 26, Rep. Mark Takano (D-Calif.) asks President Obama to instruct his Justice Department to argue Prop 8 is unconstitutional on the basis it should be subjected to heightened scrutiny ā€” or a greater assumption it’s unconstitutional ā€” just as it did in a brief filed last week in the case against the Defense of Marriage Act.

“I strongly and respectfully ask that the United States provide an amicus brief to the Supreme Court inĀ PerryĀ to explain how heightened scrutiny, the standard that the United States urges be applied to the so-called Defense of Marriage Act, applies to Proposition 8,” Takano writes. “A brief by the United States will assist the Supreme Court to see that Proposition 8 fails heightened scrutiny and does not further any proper governmental objectives.”

Takano explains in his letter that Prop 8, a ballot initiative that was approved by California voters in 2008, affects couples in his state and district who are unable to marry because of the amendment.

“My district includes thousands of loving gay and lesbian couples, who are not able to marry due to Proposition 8,” Takano writes. “They are our families, our friends and neighbors. They are doctors, veterans, teachers, gardeners, firefighters and police officers. They are Americans. Every day that they cannot enjoy the same rights and obligations enjoyed by other Americans, they and their families suffer.”

The White House has repeatedly declined comment on whether it’ll participate in the Prop 8 lawsuit before the Supreme Court, although President Obama has said Solicitor Donald Verrilli is “looking” at filing a brief. In response to the Takano letter, a White House spokesperson deferred comment to the Justice Department, which didn’t immediately respond to a request to comment.

Other LGBT advocates have been calling on President Obama to participate in the Prop 8 case, known as Hollingsworth v. Perry, by filing a friend-of-the-court brief.Ā The deadline for them to file a friend-of-the-court brief is Thursday.

Herndon Graddick, president of the Gay & Lesbian Alliance Against Defamation, or GLAAD, announced on Monday that his organization shares the desire for Obama to participate in the Prop 8 case.

“President Obama has already weighed in on DOMA, but as he himself said in his inaugural address: ‘Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law — for if we are truly created equal, then surely the love we commit to one another must be equal as well,'” Graddick said. “With less than four days left to act, it is time for the administration to make its views known directly to the U.S. Supreme Court by filing a friend of the court brief in theĀ PropositionĀ 8Ā case as well.”

Takano’s letter comes on the same day as The New York Times reported that more than 75 prominent Republicans have signed their own friend-of-court brief asking the Supreme Court to strike down Proposition 8.

Among the signers of that brief is Ken Mehlman, the gay former chair of the Republican National Committee, who is credited with organizing the brief. Another signature is from Hewlett-Packard CEO and former California gubernatorial candidate Meg Whitman, who campaigned in support of Prop 8.

Two Republican members of Congress who have sponsored legislation to repeal the Defense of Marriage Act ā€” Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.) ā€” are also among the signers. They are the only two Republicans currently holding federal office who signed the brief.

Other signers are former Utah governor and 2012 Republican presidential candidate Jon Huntsman, who publicly came out in favor of marriage equality last week, as well as GOP strategist Steve Schmidt, who helped with John McCain’s 2008 presidential campaign and came out in support of marriage equality in a 2009 interview with the Washington Blade.

Evan Wolfson, president of Freedom to Marry, said the brief as reported by the New York Times reflects the growing support for marriage equality ā€” even within the Republican Party.

“A who’s who of the Republican Party has come before the Supreme Court to affirm that support for the freedom to marry is a mainstream position that reflects American values of freedom, family, and fairness, as well as conservative values of limited government and personal responsibility,” Wolfson said. “As opposition to the freedom to marry becomes increasingly isolated and the exclusion from marriage increasingly indefensible, Americans all across the political spectrum are saying it’s time to end marriage discrimination, do right by families, and get our country on the right side of history.”

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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 BureauĀ 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 ā€” 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.

TheĀ current Federal Register noticeĀ 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 30Ā 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, ā€œThis 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.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™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 theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™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. Ā 

“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 ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ 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 ā€” 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:

ā€œIt 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.ā€

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