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Cheney family feud reflects GOP division on marriage

Republicans ‘do not walk in lockstep’ on issue

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Mary Cheney, Liz Cheney, gay news, Washington Blade
Dick Cheney, Lynne Cheney, Mary Cheney, Liz Cheney, gay news, Washington Blade

The Cheney family is engaged in a public dispute on same-sex marriage (Photo public domain).

The public spat within the Cheney family over the issue of same-sex marriage has prompted many to suggest the flap is a microcosm of what’s happening in the Republican Party at large over LGBT rights.

An explosion of media coverage ensued this week over lesbian Mary Cheney taking to her Facebook page to publicly rebuke her sister, U.S. Senate candidate Liz Cheney, for stating her opposition to marriage equality on Fox News Sunday. “Liz – this isn’t just an issue on which we disagree – you’re just wrong – and on the wrong side of history,” Mary Cheney wrote.

In a statement provided to media outlets, former Vice President Richard Cheney, a supporter of same-sex marriage, along with his wife Lynne Cheney, articulated a sense of pain over the controversy.

“This is an issue we have dealt with privately for many years, and we are pained to see it become public,” Dick and Lynne Cheney said in the joint statement. “Liz has always believed in the traditional definition of marriage. She has also always treated her sister and her sister’s family with love and respect.”

Gregory Angelo, executive director of the Log Cabin Republicans, said the Cheney dispute demonstrates Republicans “do not walk in lockstep” on the issue of marriage equality.

“I think it shows there’s a lot more discussion that needs to happen both within the Republican Party and at dinner tables around the country in order to get more Republicans on the right side of this issue,” Angelo said.

Richard Socarides, a gay New York-based advocate and Democratic activist, also said the Cheney family conflict reflects the division among Republicans on the marriage issue.

“It’s uncanny how it exactly mirrors the divisions within the larger Republican Party,” Socarides said. “Cross generational agreement exists but  there are still some geographic and ideological differences. It shows also that the GOP still has a long, long way to go and that most LGBTs are going to be more at home with the Democrats.”

The growing support for marriage equality among the GOP can be seen by three GOP senators coming out for marriage equality this year: Sens. Rob Portman (R-Ohio), Mark Kirk (R-Ill.) and Lisa Murkowski (R-Alaska).

And support for same-sex marriage is growing among younger Republicans, although the party as a whole remains opposed to gay nuptials. According to a March 2013 analysis by Republican pollster Jan van Lohuizen and Democratic pollster Joel Benenson, a bare majority of 51 percent of Republicans under the age of 30 support the legalization of same-sex marriage in their state.

But the party’s official position on marriage equality is still opposed. In April, the Republican National Committee approved by voice-vote a package of resolutions that included a measure reaffirming the party’s opposition to same-sex marriage.

Liz Mair, a Republican political strategist who favors LGBT inclusion in the GOP, said Liz Cheney’s advisers are mistaken if they’re telling their candidate that opposing same-sex marriage will make her more favorable to Republican voters because that strategy hasn’t worked for other GOP candidates.

“They tend to want to adopt or play up very conservative stances on issues that aren’t top-five or even top-10 for many primary voters at all, and think that will give them a toehold from which they can claw their way into contention,” Mair said. “It rarely works, and we’ve seen this whether we’re talking about hardline rhetoric on immigration or tacking right, noticeably, on so-called ‘gay issues.'”

Liz Cheney may have wanted to use the marriage issue to gain traction against her opponent, Sen. Mike Enzi (R-Wyo.). At the end of October, Enzi was ahead of Cheney 69 percent to 17 percent in a survey among likely primary voters conducted by Bob Wickers of The Wickers Group.

Mair said the more interesting question is whether Enzi, the incumbent, would be able to survive a primary challenge if he supported same-sex marriage.

“We’re not going to get to give that theory a test run, because Enzi does not support same-sex marriage, but the fact that it seems possible suggests what all the polling suggests,” Mair said. “This is an issue that is waning in importance for GOP primary voters and to the extent that it remains important, it’s because the number of self-identified Republicans who support the freedom to marry is increasing steadily, noticeably and consistently.”

The rebuke from Mary Cheney, who married her partner Heather Poe last year in D.C., also represents an evolution on her part after enduring criticism for not taking a strong enough position in urging her party to support same-sex marriage.

Mary Cheney in 2002 joined the advisory board for the now-defunct Republican Unity Coalition, a gay/straight alliance dedicated to making sexual orientation a ‘non-issue’ for the GOP.

But Mary Cheney didn’t stay with the organization. In 2003, the group criticized then-Sen. Rick Santorum for his now infamous comments comparing homosexuality to bigamy, incest and adultery when discussing sodomy laws.

During a 2003 appearance on NBC’s “Meet the Press,” Republican strategist and Cheney adviser Mary Matalin in turn rebuked the RUC for going after Santorum, saying the organization was “parroting” the Democratic interpretation of what Santorum said. About a week later, Mary Cheney resigned from the RUC, deferring media inquires to Matalin.

Even as Mary Cheney has criticized her sister for opposing same-sex marriage, she recently contributed $2,500 to the Romney presidential campaign despite his support for a U.S. constitutional amendment banning same-sex marriage.

In 2004, John Aravosis, a gay political activist, started a campaign called “Dear Mary” to encourage Mary Cheney to speak out against a Federal Marriage Amendment to the U.S. Constitution as she helped her father with the Bush-Cheney re-election campaign.

Aravosis, now editor of AMERICAblog, said he thinks Mary Cheney’s criticism of her sister is real and welcome, but still somewhat conflicted.

“Mary is running into a basic contradiction that gay Republicans face: Anti-gay bigots often don’t discriminate against us privately, but when in the public policy sphere they’re more than happy to,” Aravosis said. “Mary is finally coming to terms with that fact, and that’s great. But she needs to stop supporting anti-gay candidates overall, then I think people will accept her support unquestioningly.”

The situation also brings into question how the marriage issue will play out once the presidential primaries begin in 2016. What will be the fallout for potential candidates like New Jersey Gov. Chris Christie, who opposes same-sex marriage, but withdrew an appeal before the Supreme Court on a court ruling in favor of marriage equality?

Mair said she doesn’t think Christie’s chances of securing the Republican presidential nomination are at all diminished by his decision to back down in the marriage equality fight.

“With some pockets of the GOP primary electorate, especially in a state like New Hampshire, they may be increased,” Mair said. “But like Liz Cheney and Mike Enzi, I would be highly surprised if Christie’s prospects in a primary hinged on his stance on same-sex marriage.”

Bigger issues, Mair said, would be his brashness, his stance on issues like guns and foreign policy, and whether he could hold his own against Hillary Clinton in the general election.

Angelo noted that Christie hasn’t made any personal statements regarding his feelings on marriage equality following his decision to withdraw the appeal to speak to whether they’ve changed.

“If anything, Chris Christie certainly has a strong independent streak and has not allowed himself to be defined by any one single issue for the entirety of his term of governor of New Jersey,” Angelo said. “I imagine that will likely be the case with the civil marriage issue as well.”

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Federal Government

HHS reverses Trump-era anti-LGBTQ rule

Section 1557 of the Affordable Care Act now protects LGBTQ people

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U.S. Department of Health and Human Services Secretary Xavier Becerra (Public domain photo)

The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities. 

The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.

“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”

The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.

“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.

“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”

In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.

Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.

These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.

GLAAD President Sarah Kate Ellis released the following statement in response to the news:

“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”

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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 “that 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.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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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 México, 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. 

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 Andrés Manuel López 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.  

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