News
How bad would a GOP Senate takeover be for LGBT people?
Republicans need to pick up six seats to claim majority
Sen. Mitch McConnell (R-Ky.) would likely become majority leader if Republicans win a majority in the Senate. (Washington Blade file photo by Michael Key)
The congressional mid-term elections are more than six months away, but political observers are already warning Democrats they could lose control of the U.S. Senate — an outcome that has tongues wagging over its potential impact on LGBT issues.
While analysts agree that Republicans could claim at least six seats to win control of the chamber — such as by knocking off pro-LGBT senators in New Hampshire and Colorado — the general sense is draconian anti-gay measures like the Federal Marriage Amendment won’t emerge even with GOP control of the Senate.
Dan Pinello, a political scientist at City University of New York, noted seven incumbent Democrats are seeking re-election in states Mitt Romney won in 2012 and conservatives like the Koch brothers and Karl Rove are spending hundreds of thousands of dollars through “Super PACs” to affect those races.
“So I think the prospect of a Republican takeover is very close — a virtual tossup right now,” Pinello said. “Everything will depend on the degree to which Democratic voters turn out at the polls in crucial states.”
Republicans are optimistic about their prospects on Election Day 2014 — and virtually no one is suggesting that Democrats can retake control of the House. In an appearance on “Fox News Sunday,” anti-gay GOP strategist Karl Rove predicted GOP victory in the Senate.
“With 14 seats in play on the Democratic side and a couple of seats in play potentially on the Republican side, I think it’s highly likely that Republicans pick up the majority,” Rove said.
On the same day on NBC’s “Meet the Press,” White House Communications Director Dan Pfeiffer defied the predictions by saying he believes “we will keep the Senate.” But his former colleague in the White House, Robert Gibbs — who landed in hot water in 2010 by saying Republicans could take control of the House — expressed a contrary view, saying the Senate is “definitely” in danger in 2014.
“So as a consultant, I can say all these things now,” Gibbs said. “They’ve got to pick up six seats, which is not a small number. But what gives them a huge advantage, obviously, is the states that they’re in…Louisiana and in North Carolina, in Montana, places that the president didn’t do well.”
The heads of both political parties are both bullish about their prospects in 2014. On Tuesday, Republican National Committee chair Reince Priebus predicted at a National Press Club breakfast a “tsunami” and said it’s “going to be a very big win, especially at the U.S. Senate level.” Meanwhile, Democratic National Committee chair Debbie Wasserman Schultz said that Democrats are running “aggressive bottom-up campaigns” and she’s confident her party will hold the Senate.
But political analysts have forecasts more favorable to Republicans. As of Monday, Cook Political Report forecast that Republicans will pick up somewhere between four and six seats, but expected the ultimate gains will be “at the higher end of – and may exceed – that range.”
Larry Sabato, a political scientist at the University of Virginia, said it’s too early to provide a firm prediction on the extent of Republican gains, but said Republicans would net at least four to six seats.
“It’s easy to see how they could get six or even more if President Obama stays in the low 40s and the economy continues to be balky,” Sabato said. “This year, in the sixth-year of President Obama’s administration, you’d much rather be in the GOP’s electoral position than the Democrats’.”
Pro-LGBT Democrats face challenging re-election bids
Democrats elected to the Senate at the start of the Obama administration and who built a reputation for supporting LGBT rights are among those facing uphill re-election bids.
Among them is Sen. Jeanne Shaheen (D-N.H.) who has championed “Don’t Ask, Don’t Tell” repeal and the flow of spousal benefits to veterans in same-sex marriages as chief sponsor of the Charlie Morgan Act. A potential challenger for her is former U.S. senator from Massachusetts Scott Brown. Although he voted for “Don’t Ask, Don’t Tell” repeal during his tenure in the Senate, Brown penned an op-ed for Bay Windows suggesting the pursuit of LGBT rights was a “pet project.”
Sen. Mark Udall (D-Colo.) also faces a tough re-election bid now that Rep. Cory Gardner (R-Colo.) has announced he will run for the Senate. Udall has championed “Don’t Ask, Don’t Tell” repeal, an end to the Defense of Marriage Act and has written at least two letters to the Obama administration to ensure gay veterans can receive spousal benefits in whichever state they live. Gardner hasn’t articulated a position on same-sex marriage, but voted in favor of an LGBT-inclusive version of the Violence Against Women Act.
The Democrat who’ll likely face the most challenging re-election campaign is Sen. Kay Hagan (D-N.C.). An early supporter of “Don’t Ask, Don’t Tell” repeal, she voted for a repeal amendment in the Senate Armed Services Committee even before the Pentagon report on open service. Hagan came out in favor of same-sex marriage last year on the same day the U.S. Supreme Court heard oral arguments on California’s Proposition 8. She could face any one of a number of Republicans vying for the nomination in the state’s primary.
Also of note is the re-election bid of Sen. Jeff Merkley (D-Ore.), who as chief sponsor of the Employment Non-Discrimination Act oversaw a bipartisan vote in favor of the bill in the Senate late last year. Merkley has also been the leading voice in the Senate calling on President Obama to sign an executive order barring LGBT employment discrimination among federal contractors. A number of Republican candidates have lined up to challenge Merkley, although he’s expected to win re-election in the heavily “blue” state.
The only Republican who’s expected to face a tough re-election challenge is the one who’s likely to handle the floor schedule in the Senate if the GOP ekes out a win: Senate Minority Leader Mitch McConnell (R-Ky.). In addition to facing a Tea Party challenge, McConnell faces a stiff challenge in the general election from Democratic Kentucky Secretary of State Alison Lundergan Grimes.
Would anti-LGBT legislation move forward?
If the Republicans win control of the Senate, it would create a Congress in which the GOP leads both chambers at a time when the U.S. Supreme Court is expected to deliver a nationwide ruling on marriage equality.
Speaking to the Washington Blade after her event at the National Press Club, Wasserman Schultz initially responded to an inquiry about what a GOP takeover of the Senate would mean for LGBT people by saying, “Oh, God.”
Wasserman Schultz predicted Republicans would curtail the expansion of rights she said are “deserved” by LGBT people in addition to engaging in an “aggressive attempt” to roll them back. But the DNC chair emphasized that won’t happen because Democrats are on track to maintain control of the Senate.
Asked by the Blade whether she thinks Republicans would want to push through a Federal Marriage Amendment, Wasserman Schultz said that “wouldn’t surprise me” because the Republicans endorsed the amendment as part of the 2012 party platform.
But political observers say even with Republicans in control of both chambers, the trend in favor of same-sex marriage — which a recent poll pegged at 59 percent support — would deter Congress from passing a measure that already failed twice under the Bush administration when Republicans had large majorities.
Gregory Angelo, executive director of the Log Cabin Republicans, said he doesn’t foresee a situation in which Republicans would push forward in either chamber with a U.S. constitutional amendment banning same-sex marriage.
“Considering the move for a Federal Marriage Amendment in the House following the Supreme Court’s DOMA decision last year went absolutely nowhere tells me that there is little appetite among Republicans to engage in culture wars either in the House or the Senate — in this election cycle and in 2016,” Angelo said.
But there are other pieces of anti-gay legislation that could be seen as an alternative to the Federal Marriage Amendment. Rep. Raul Labrador (R-Idaho) and Sen. Mike Lee (R-Utah) have introduced legislation known as the Marriage and Religious Freedom Act, which would prohibit the federal government from discriminating against organizations that exercise “religious conscience” against same-sex marriage.
Rep. Randy Forbes (R-Texas) and Sen. Ted Cruz (R-Texas) have introduced the State Marriage Defense Act, which would prohibit the federal government from recognizing same-sex marriage in states where it’s not allowed. The bill may be moot in the event of a Supreme Court ruling in favor of marriage equality.
Sabato nonetheless said he doesn’t see much of an opportunity for anti-LGBT legislation of any kind to make it through the Senate – given the growing support for LGBT rights among Republican senators.
“I think it is very unlikely Susan Collins or Rob Portman would support any stand-alone, anti-LGBT legislation,” Sabato said. “I could see other Republicans joining them, such as Lisa Murkowski. I can’t see a single Senate Democrat voting for such legislation. So I doubt the Senate would pass it.”
In the event that an anti-gay bill was approved by both chambers of Congress, Sabato said the legislation would never become law because President Obama would veto it once it reached his desk.
But Republican control over the Senate could mean an end to progress on pro-LGBT legislation. Under Democratic control, the Senate just barely invoked cloture on ENDA by a vote of 61-30 before approving it on final passage. Meanwhile, the Republican-controlled House has yet to take up ENDA months after the Senate voted to approve it as House Speaker John Boehner threw cold water on it during a meeting with the LGBT Equality Caucus.
Pinello said the danger for the LGBT community in the aftermath of a Republican takeover of the Senate lies in the nomination and confirmation of federal judges — perhaps on the Supreme Court in the event of a vacancy before the final ruling on marriage equality.
“The federal bench is now the most hopeful source of remedy for the denial of marriage equality nationwide, and a Senate controlled by the Republican Party might diminish those prospects,” Pinello said. “Thus, there is very good reason for LGBT voters to turn out for Democratic candidates next November.”
European Union
European Parliament resolution backs ‘full recognition of trans women as women’
Non-binding document outlines UN Commission on the Status of Women priorities
The European Parliament on Feb. 12 adopted a transgender-inclusive resolution ahead of next month’s U.N. Commission on the Status of Women meeting.
The resolution, which details the European Union’s priorities ahead of the meeting, specifically calls for “the full recognition of trans women as women.”
“Their inclusion is essential for the effectiveness of any gender-equality and anti-violence policies; call for recognition of and equal access for trans women to protection and support services,” reads the resolution that Erin in the Morning details.
The resolution, which is non-binding, passed by a 340-141 vote margin. Sixty-eight MPs abstained.
The commission will meet in New York from March 10-21.
A sweeping executive order that President Donald Trump signed shortly after he took office for a second time on Jan. 20, 2025, said the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and dozens of other U.N. entities.
District of Columbia
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Gay former corrections officer says harassment, discrimination began in 1993
Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.
The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the law international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.
A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”
The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:
Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.
Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.
The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.
Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”
With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.
He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.
BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?
JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.
And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.
BLADE: Can you tell a little about that and when it will begin?
JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.
BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?
JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.
BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?
JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.
BLADE: How many years have you been working for the Department of Corrections?
JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.
BLADE: Do you have any plans now other than doing the podcast?
JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.
BLADE: So, did you first start your work at the Lorton Prison?
JONES: Yes, I was at the central facility, which was the program institution.
MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.
BLADE: Yes, and that was located in Lorton, Va., is that right?
JONES: Right.
BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?
JONES: Yes. And that closed in 2001.
BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?
JONES: Yes, sir. And next-door is the correctional treatment facility as well.
BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?
JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.
BLADE: What do you mean by flashing?
JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.
BLADE: As best you can recall, where and what year did that happen?
JONES: That was back in 1993 in April of 1993.
BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?
JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.
They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.
BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?
JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.
BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?
JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.
BLADE: Is there any kind of concluding comment you may want to make?
JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.
Baltimore
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Hit show raises questions about identity, cultural representation
By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.
For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.
In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.
The rest of this article can be read on the Baltimore Banner’s website.
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