June 30th
1000 MORE's weekly nonpartisan roundup of the most important happenings in federal government, written in a way that doesn't require a law degree to understand, with tools to take action
June 30, 2023
This morning, the Supreme Court rolled back civil rights protections for the LGBTQ+ community, ruling 6-3 that a Christian wedding web designer does not have to build a website for a same-sex couple. Congress is the one branch of government that is in theory designed to be representative of the U.S. population. This week, we look at LGBTQ+ representation on the Hill now, and throughout history, as well as bills in play that would most impact the LGBTQ+ community.
Bills That Passed This Year
Legislation Pending Votes
Pride Month In Congress
Gains In LGBTQ+ Representation
Marriage Equality Lookback
Bills That Passed This Year
All legislation impacts LGBTQ+ people, whether it’s a bill to improve veterans healthcare, lower energy costs, or increase access to housing. According to the Annie E. Casey foundation, LGBTQ+ youth experience “higher rates of rejection, violence, suicide and homelessness” when compared to their peers. LGBTQ+ youth are also more likely to be in the child welfare and juvenile justice systems, and they are more likely to drop out of school. That’s why advocates express that passing universal housing access and mental health care bills are critical. There is also legislation that targets LGBTQ+ rights specifically, like these two bills in the current Congress.
If the Parents Bill of Rights became law, it would, among other items, require schools to notify all parents if a school employee changes any students' name, pronouns or sex-based accommodations, including bathrooms and locker rooms. Supporters of the bill say that parents have the right to know what is going on in their child’s class. The Congressional Equality Caucus condemned the legislation, saying it is a “dangerous bill that would require schools to forcibly out transgender students, even if it puts those youth in harm’s way.” While the bill passed the House in March, Majority Leader Schumer said it would not get a vote in the Senate and the Biden administration has come out against it, so it likely will not become law during this administration.
If the Protection of Women and Girls in Sports Act became law, it would ban trans women and girls from competing in sports. Supporters of the bill position it as a move to level the playing field in sports, believing that having people assigned male at birth compete with people assigned as female is unfair. The Congressional Equality Caucus condemned the bill, with Rep. Marc Pocan, (D-WI) saying, “As gun violence plagues our schools, anti-equality politicians decided the most pressing priority for the House was to ban trans girls of all ages from playing on school sports teams with their friends.” The bill is unlikely to get a vote in the LGBTQ+ rights friendly, Democrat-run Senate chamber, and President Biden has promised to veto the bill should it pass the Senate.
House Republicans passed these bills amidst a climate that advocates say is filled with LGBTQ+ hate, especially towards trans children and their parents. They point to evidence in that fact that state legislatures around the country have advanced nearly 500 anti-LGBTQ+ bills, according to the ACLU.
You can use the links above to read about the bills and take action.
Legislation Pending Votes
Here are the bills that LGBTQ+ advocates have been working to pass in the current Congress that with public pressure could come up for a vote:
Presently, there are no federal anti-discrimination bills that cover sex, sexual orientation, or gender identity. That would change with the Equality Act, which President Biden mentioned in his State of the Union address. Biden asked Congress to pass the bill “to ensure LGBTQ Americans, especially transgender young people, can live with safety and dignity.” The Equality Act passed the House in the last Congress, but Congress hasn’t voted on it yet in this term.
Additionally, there have been a series of bills members have promoted during Pride month which have not been formally introduced for a vote on the floor. These include the Pride Act, a bill from Rep. Judy Chu (D-CA) that would fix LGBTQ+ discrimination in the tax code, the Pride in Mental Health Act, a bill from Rep. Sharice Davids, (D-KS) to provide mental health resources for the LGBTQ+ community, the LGBTQI+ and Women’s History Education Act, a bill from Rep. Ritchie Torres, (D-NY) that would make sure American students experience an inclusive and intersectional curriculum, the SERVE Act, a bill from Rep. Chris Pappas, (D-NH) that would ensure that LGBTQ+ service members who were discharged because of their sexual orientation get full veterans benefits, LGBTQ+ Panic Defense Prohibition Act by Sen. Ed Markey, (D-MA) that would ban the use of crime victims’ gender identity or expression to excuse the crime, and the Therapeutic Fraud Prevention Act by Sen. Patty Murray, (D-WA) that would ban “conversion therapy.”
Pride Month In Congress
While out of 535 members, there are only 13 voting members who publicly identify as Lesbian, Gay, or Bisexual in the current Congress, the Congressional Equality Caucus boasts their largest membership in history: 190 members, or 44% of Congress.
Equality Caucus Co-Chair Mark Takano, (D-CA) opened Pride month with the following statement: “I stand proudly as the first openly gay person of color elected to Congress and embrace the legacy of LGBTQ+ trailblazers who fought tirelessly for equality and justice. We celebrate the vibrant diversity and resilience of our community and honor those who paved the way for us to live authentically and love without fear.”
While attacks on the trans community and their families continued throughout the month, many members like Rep. Jamaal Bowman, (D-NY) stood with Rep. Becca Balint, (D-VT) who defended trans kids from ongoing attacks by conservatives testifying before Congress and amplifying her message.
Gains in LGBTQ+ Representation
Determining historical LGBTQ+ representation in Congress is complex. Of course there were members prior to the late 1900s, but they were not open about their identity due to rigid heteronormative social and religious norms reinforced with acts of bigotry and violence.
There are a series of members from the second half of the 20th century who were outed during their terms who faced political consequences, like Rep. Robert Bauman, (R-MD), and a few more who were outed upon their deaths, like Rep. Barbara Jordan, (D-TX).
The first member to come out while in Congress was Rep. Gerry Studds, (D-MI), though this was not on his terms. He made the announcement following his implication in the 1983 Congressional page scandal. Yet Studds was re-elected, and he went on to serve several more terms. In 2012, Sen. Tammy Baldwin, (D-WI) successful election marked the first time an openly gay U.S. Senator was elected.
And in 2022, more LGBTQ+ people ran for Congress than ever before, a record of 101 people, compared to 87 in 2020. Representation is expected to grow from here. This month, Delaware state Sen. Sarah McBride announced her bid for Congress. Should she win in 2024, she would become the first trans member of Congress.
Marriage Equality Lookback
In 1975, Rep. Bella Abzug, (D-NY) introduced the first federal gay rights bill to address discrimination based on sexual orientation, but it died in the Judiciary Committee. Since then, there have been more Supreme Court cases, like the one today, that impact LGBTQ+ rights than laws. For example, in 2020, there were three separate rulings that protected employees from discrimination on the basis of sexual orientation or gender identity. The two biggest laws that passed in the last 30 years had to do with one single issue: marriage equality.
The Defense of Marriage Act is a law that passed in a Republican-controlled Congress in 1996, and President Clinton signed it into law. The bill prevented states from having to recognize same-sex marriages, and kept married couples of the same-sex from receiving the same benefits as heterosexual married couples: healthcare, hospital visitation, tax benefits, estate planning, and more. Advocates for marriage equality were disappointed, and hurt, particularly after working to re-elect President Clinton.
In the 2010s, the Supreme Court issued two rulings that would advance marriage equality and equal rights for same-sex couples. In 2013, the Supreme Court ruled that the Defense of Marriage Act was unconstitutional due to the Due Process clause of the 5th Amendment, in the U.S. v. Windsor case. In 2015, the Obergefell v. Hodges ruling, largely referred to as the marriage equality ruling, said that states must allow and recognize same-sex marriage nationwide, due to the Due Process and Equal Protection clauses of the 14th Amendment.
Then last year, in the Dobbs decision that overturned Roe v. Wade and instituted abortion bans and restrictions, Justice Clarence Thomas questioned the Obergefell ruling, effectively putting a target on its back. Advocates didn’t waste any time. Democrats controlled the House, the Senate and the White House. Marriage equality advocates knew that the Respect For Marriage Act had to pass right away to codify marriage equality before the midterm elections, and the potential for Republican control of Congress.
Democrats advanced the bill in the House. In speaking about it, then Speaker Nancy Pelosi, (D-CA) remarked that the Defense of Marriage Act had been “proposed by somebody who had been married three times. We don't know which marriage he was defending.” The bill passed the House, the Senate, and was signed into law by President Biden. It remains the law of the land to this day.
What Congress Passed This Week
Nothing. They’re in a two week district work period for the 4th of July holiday.
What POTUS Signed Into Law This Week
Nothing, again.
