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99 Dems urge State Dept. to recognize citizenship of LGBT couple’s child

Merkley, Harris lead call on Trump administration to drop appeal

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From left: Jeff Merkley (D-Ore.) and Kamala Harris (D-Calif.) are leading a group of senators in urging the Trump administration to recognize the citizenship of an LGBT couple’s child. (Washington Blade file photos by Michael Key)

A group of 99 congressional Democrats ā€” 80 in the U.S. House, 19 in the U.S. Senate ā€” are calling on the Trump administration to reverse its policy of refusing to recognize the birthright citizenship of children to LGBT families born overseas via surrogacy methods.

The call come in the form of a pair of letters. Leading the letter in the House is Rep. Deb Haaland (D-N.M.) and the co-chairs of the LGBT Equality Caucus, each of an openly LGB member of Congress, including Rep. David Cicilline (D-R.I.), the most senior openly gay member of the U.S. House. In the Senate, Sen. Jeff Merkley (D-Ore.) and Sen. Kamala Harris (D-Calif.) are leading the charge.

Both letters are dated June 6 and addressed to a Secretary of State Mike Pompeo. The House says the Trump administration policy is “discriminatory and cruel”; the Senate calls it “extraordinary and deeply disturbing.ā€

ā€œEven in the face of the mounting hardship the policy has created for loving families, your department has gone to great lengths to continue to defend a policy in federal court that separates American families before they reach the U.S. border edge,ā€ the Senate letter says.

The Senate letter refers to the case of Andrew and Elad Dvash-Banks, a married same-sex couple ā€” one an American citizen, and one an Israeli national ā€” who had twin sons through a gestational surrogate in Canada.

The State Department, however, required a DNA test to prove the children were related to the couple to provide them U.S. passports. One child, Aiden, was deemed a citizen because heā€™s the biological son of Andrew, but the other, Ethan, wasnā€™t because heā€™s the biological son of Elad.

The Trump administration continues to refuse to recognize the citizenship of Elad despite the U.S. Supreme Courtā€™s decision 2015 decision in favor marriage equality nationwide, which guarantees all the ā€œconstellation of benefitsā€ of marriage to same-sex couples.

In a case against the Trump administration filed by Immigration Equality on the basis that the policy violates the Immigration & Nationality. A federal court ruled against the State Department, but the Trump administration has appealed the decision to the U.S. Ninth Circuit Court of Appeals.

According to the Senate letter, the policy against the couple ā€œis not an isolated caseā€ and addition couples have come forward with similar stories.

ā€œStories after stories have recently been chronicled of same-sex couples being told by your department that their marriages are, by definition, invalid, and that any children they may have abroad risk becoming stateless,ā€ the letter says. ā€œEvery new American parent should focus on celebrating the birth of a child, not be consumed with fear that all members of their family may not be welcomed back home to the United States.ā€

Both letters call on the Trump administration to change the policy. The Senate letter specifically calls on the Trump administration to ā€œimmediately dropā€ the appeal of the Dvash-Banks case and ā€œmake it clear that every U.S. married couple is entitled to the same rights under the U.S. Constitution, no matter whom they love.ā€

A State Department spokesperson declined to comment in response to the senatorsā€™ letter.

ā€œWe generally do not comment on our communications with Congress,ā€ the spokesperson said. ā€œDue to ongoing litigation, we have no further comment at this time.ā€

Joining Merkley and Harris in signing the letter was Sens. Edward Markey (D-Mass.), Chris Murphy (D-Conn.), Patrick Leahy (D-Vt.), Bernie Sanders (I-Vt.), Catherine Cortez Masto (D-Nev.), Dianne Feinstein (D-Calif.), Tom Udall (D-N.M.), Jacky Rosen (D-Nev.), Dick Durbin (D-Ill.), Amy Klobuchar (D-Minn.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), Cory Booker (D-N.J.), Maggie Hassan (D-N.H.), Ron Wyden (D-Ore.), Bob Casey (D-Pa.), and Tim Kaine (D-Va.).


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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy ā€œthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā€

Moore on Thursday also signed House Bill 1386, which GLSEN notes will ā€œdevelop guidelines for an anti-bias training program for school employees.ā€

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā 

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administrationĀ last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states ā€” Oklahoma, Louisiana, Florida, and South Carolina ā€” have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a ā€œright to bullyā€ transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools ā€œshould not alter policies or procedures at this time.ā€ Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX ā€œwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā€ apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donā€™t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, ā€œWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā€

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to ā€œgaslighting the country into believing that biological sex no longer has any meaning.ā€ 

Governor Ron DeSantis approved of the letter and stated that Florida ā€œwill not comply.ā€ Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donā€™t Say Gay or Trans” law that was used to force a trans female teacher to go by ā€œMr.ā€

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role ā€œto improve school safety,ā€ and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations ā€œclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā€ The Human Rights Campaign also praised the rule, stating, ā€œrule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā€

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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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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