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Democratic leaders urged to restrict Supreme Court jurisdiction over marriage, abortion

Roe v. Wade overturned last month

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Outside the U.S. Supreme Court on June 24, 2022, after it overturned Roe v. Wade. (Washington Blade photo by Michael Key)

In a letter to Democratic leaders on Capitol Hill, 10 Democratic members of the U.S. House of Representatives asked for support in establishing and protecting nationwide privacy rights that include abortion and marriage equality. 

The letter, addressed to House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Chuck Schumer (D-N.Y.), calls on party leaders to support a push to restrict the U.S. Supreme Court’s jurisdiction over matters and decisions regarding certain privacy-related rights.

“We write to urge your support for restricting the Supreme Court’s appellate jurisdiction in the areas of abortion, marriage equality, non-procreative intimacy and contraception,” the members of Congress wrote. “In doing so, we can ensure that, as Congress takes legislative action to codify each of these fundamental rights, a radical, restless and newly constituted majority on the court cannot further undermine the protections we would enact.”

Although Congress cannot remove the Supreme Court from cases falling under its original jurisdiction, Article III of the Constitution does grant Congress the power to strip the court’s jurisdiction in appellate cases. 

Appellate jurisdiction pertains to a court hearing, reversing or amending a lower court’s previous decision on a case.

The signatories of the letter to Democratic leadership pointed to instances in which the Supreme Court itself has reaffirmed such congressional power in the past.

“Most recently, in Patchak v. Zinke (2018), Justice Thomas held for the court that, ‘When Congress strips federal courts of jurisdiction, it exercises a valid legislative power no less than when it lays taxes, coins money, declares war, or invokes any other power that the Constitution grants it,” they wrote. “‘Indeed, this court has held that Congress generally does not violate Article III when it strips federal jurisdiction over a class of cases.’”

The letter comes amid a new era of heightened tension between the Supreme Court and a number of members of Congress who have accused it of threatening the rights of certain groups of Americans after ruling on several controversial cases heard during its latest term.

In relaying what they feel to be the urgency of enacting such restrictions, the letter’s signatories pointed to the Supreme Court’s decision last month in Dobbs v. Jackson Women’s Health Organization that ended the nationwide right to abortion. More privacy-related rights, they say, are now under threat.

“As a result of the Supreme Court’s actions, millions of people will no longer have access to abortion care, a crisis disproportionately impacting women, people of color, LGBTQIA+ people, and the undocumented,” the signatories wrote. “Moreover, Justice Thomas’ concurrence in Dobbs laid out a clear plan for the Supreme Court to overturn Obergefell v. Hodges (2015), Lawrence v. Texas (2003), and Griswold v. Connecticut (1965) in the near future, placing the rights to marriage equality, non-procreative intimacy and contraception in jeopardy.”

The letter was signed by U.S. Reps. Mondaire Jones (D-N.Y.), Marie Newman (D-Ill.), Alexandria Ocasio-Cortez (D-N.Y.), Bonnie Watson Coleman (D-N.J.), Rashida Tlaib (D-Mich.), Jamaal Bowman (D-N.Y.), Ilhan Omar (D-Minn.), Cori Bush (D-Mo.), Mark Takano (D-Calif.) and Kaiali’i Kahele (D-Hawaii).

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Congress

Five HIV/AIDS activists arrested outside Susan Collins’s D.C. office

Protesters demanded full PEPFAR funding

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HIV/AIDS activists protest outside U.S. Sen. Susan Collins (R-Maine)'s office in the Dirksen Senate Office Building on Oct. 14, 2025. (Photo courtesy of Housing Works)

U.S. Capitol Police on Tuesday arrested five HIV/AIDS activists who protested outside U.S. Sen. Susan Collins (R-Maine)’s office in the Dirksen Senate Office Building.

A press release that Housing Works, Health GAP, and Disability Voters of Maine issued notes 30 HIV/AIDS activists “carried out an act of civil disobedience” at Collins’s D.C. office and “delivered mock ‘bodybags'” to her office in Portland, Maine.

“Activists were reacting to deadly harms caused by Collins’s unwillingness to hold Office of Management and Budget (OMB) Director Russell Vought accountable for illegally obstructing the release of already appropriated funding for lifesaving HIV treatment and prevention,” reads the press release.

Elizabeth Koke, senior director of brand strategy for Housing Works, told the Washington Blade that Housing Works CEO Charles King is among those who were arrested in D.C. The press release notes 30 HIV/AIDS activists participated in the protest.

U.S. Capitol Police escort Housing Works CEO Charles King away from U.S. Sen. Susan Collins (R-Maine)’s office in the Dirksen Senate Office Building on Oct. 14, 2025. (Photo courtesy of Housing Works)

Activists since the Trump-Vance administration took office in January have demanded full PEPFAR funding.

Secretary of State Marco Rubio Jan. 28 issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, has severely impacted their work. (The State Department last month announced PEPFAR will distribute lenacapavir, a breakthrough HIV prevention drug, in countries with high prevalence rates.)

The New York Times in August reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration in July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29 said he would use a “pocket rescission” to cancel $4.9 billion in foreign aid that Congress had already approved.

The federal government has been shut down since Oct. 1.

“In July, we applauded Collins’s willingness to fight for people with HIV which resulted in a temporary reprieve from further unlawful cuts,” said Health GAP Executive Director Asia Russell. “In response, Vought has gone behind Collins’s back. Why isn’t she fighting back? We cannot allow Collins to refuse to take action now — just because Vought is violating the law doesn’t mean she can break her promise to people with HIV.” 

Collins chairs the Senate Appropriations Committee.

“Collins has said that PEPFAR funds are not reaching people in need, yet she refuses to use the full power of her position to end the political obstruction and lawlessness while people continue to die,” said Marie Follayttar of Disability Voters of Maine. “The consequences of her inaction, and of her votes, will be measured in body bags around the world.”

The protesters’ press release notes two specific demands for Collins:

• Fully restore PEPFAR programming by directing Vought to release withheld PEPFAR funding consistent with Congressional appropriations

• Include the release of withheld PEPFAR funding as part of her 6-point plan to re-open government

“Senator Collins has been the Senate champion for PEPFAR and was responsible for saving the program from $400 million in cuts just three months ago,” Blake Kernen, Collins’s press secretary, told the Blade on Wednesday. “It was difficult to understand what the protesters wanted or their message.”

“Many entered the office, sat on the ground, and used a loud noisemaker, which made it impossible to hear,” said Kernen. “A member of Sen. Collins’s staff offered to speak with the group, but they continued to shout over her and refused the offer.”

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Congress

Mike Waltz confirmed as next UN ambassador

Trump nominated former national security advisor in May

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

The U.S. Senate on Sept. 19 confirmed former U.S. Rep. Mike Waltz (R-Fla.) as the next U.S. ambassador to the U.N.

The Florida Republican had been the national security advisor until President Donald Trump in May tapped him after U.S. Rep. Elise Stefanik (R-N.Y.) withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

Senators approved Waltz’s nomination by a 47-43 vote margin.

“Thank you President Trump and the U.S. Senate for your trust and confidence to Make the UN Great Again,” said Waltz on X.

The U.N. General Assembly is taking place this week in New York. Trump is scheduled to speak on Tuesday.

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State Department urged to restore LGBTQ-specific information in human rights reports

Congressional Equality Caucus sent Secretary of State Marco Rubio a letter on Sept. 9

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Secretary of State Marco Rubio during his confirmation hearing on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The Congressional Equality Caucus has called upon the State Department to once again include LGBTQ and intersex people in their annual human rights report.

U.S. Reps. Robert Garcia (D-Calif.), Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who co-chair the caucus’s International LGBTQI+ Rights Task Force, spearheaded a letter sent to Secretary of State Marco Rubio on Sept. 9.

The 2024 human rights report the State Department released last month did not include LGBTQ-specific references. Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, described the removal of LGBTQ and intersex people and other groups from the report as “deliberate erasure.”

“We strongly oppose your decision to remove the subsection on Acts of Violence Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics (SOGIESC Subsection) from the State Department’s Annual Country Reports on Human Rights Practices (Human Rights Reports),” reads the letter. “We urge you to restore this information, or else ensure it is integrated throughout each human rights report.”

Congress requires the State Department to release a human rights report each year.

The Congressional Equality Caucus’s letter points out the human rights reports “have been a critical source of information on human rights violations and abuses against LGBTQI+ persons around the world.” It specifically notes consensual same-sex sexual relations remain criminalized in more than 60 countries, and the 2017 human rights report included “details on the state-sponsored and societal violence against LGBTQI+ persons in Chechnya, including extrajudicial killings.”

Immigration Equality in response to the 2024 human rights report said the reports “serve as key evidence for asylum seekers, attorneys, judges, and advocates who rely on them to assess human rights conditions and protection claims worldwide.”

“The information in these reports is critical — not just for human rights advocates — but also for Americans traveling abroad,” reads the Congressional Equality Caucus’s letter. “LGBTQI+ Americans and their families must continue to have access to comprehensive, reliable information about a country’s human rights record so they can plan travel and take appropriate precautions.”

The caucus’s full letter can be read here.

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