Category Archives: Mark Takano

Takano calls on Obama to speak out on Prop 8

Mark Takano, United States House, California, gay news, Washington Blade

Rep. Mark Takano (D-Calif.) is calling on President Obama to participate in the Prop 8 case (Washington Blade photo by Michael Key)

A freshman openly gay member of Congress from California is calling on President Obama to participate in litigation challenging Proposition 8 before the Supreme Court as the administration has done in the DOMA case.

In a letter dated Feb. 26, Rep. Mark Takano (D-Calif.) asks President Obama to instruct his Justice Department to argue Prop 8 is unconstitutional on the basis it should be subjected to heightened scrutiny — or a greater assumption it’s unconstitutional — just as it did in a brief filed last week in the case against the Defense of Marriage Act.

“I strongly and respectfully ask that the United States provide an amicus brief to the Supreme Court in Perry to explain how heightened scrutiny, the standard that the United States urges be applied to the so-called Defense of Marriage Act, applies to Proposition 8,” Takano writes. “A brief by the United States will assist the Supreme Court to see that Proposition 8 fails heightened scrutiny and does not further any proper governmental objectives.”

Takano explains in his letter that Prop 8, a ballot initiative that was approved by California voters in 2008, affects couples in his state and district who are unable to marry because of the amendment.

“My district includes thousands of loving gay and lesbian couples, who are not able to marry due to Proposition 8,” Takano writes. “They are our families, our friends and neighbors. They are doctors, veterans, teachers, gardeners, firefighters and police officers. They are Americans. Every day that they cannot enjoy the same rights and obligations enjoyed by other Americans, they and their families suffer.”

The White House has repeatedly declined comment on whether it’ll participate in the Prop 8 lawsuit before the Supreme Court, although President Obama has said Solicitor Donald Verrilli is “looking” at filing a brief. In response to the Takano letter, a White House spokesperson deferred comment to the Justice Department, which didn’t immediately respond to a request to comment.

Other LGBT advocates have been calling on President Obama to participate in the Prop 8 case, known as Hollingsworth v. Perry, by filing a friend-of-the-court brief. The deadline for them to file a friend-of-the-court brief is Thursday.

Herndon Graddick, president of the Gay & Lesbian Alliance Against Defamation, or GLAAD, announced on Monday that his organization shares the desire for Obama to participate in the Prop 8 case.

“President Obama has already weighed in on DOMA, but as he himself said in his inaugural address: ‘Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law — for if we are truly created equal, then surely the love we commit to one another must be equal as well,’” Graddick said. “With less than four days left to act, it is time for the administration to make its views known directly to the U.S. Supreme Court by filing a friend of the court brief in the Proposition 8 case as well.”

Takano’s letter comes on the same day as The New York Times reported that more than 75 prominent Republicans have signed their own friend-of-court brief asking the Supreme Court to strike down Proposition 8.

Among the signers of that brief is Ken Mehlman, the gay former chair of the Republican National Committee, who is credited with organizing the brief. Another signature is from Hewlett-Packard CEO and former California gubernatorial candidate Meg Whitman, who campaigned in support of Prop 8.

Two Republican members of Congress who have sponsored legislation to repeal the Defense of Marriage Act — Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.) — are also among the signers. They are the only two Republicans currently holding federal office who signed the brief.

Other signers are former Utah governor and 2012 Republican presidential candidate Jon Huntsman, who publicly came out in favor of marriage equality last week, as well as GOP strategist Steve Schmidt, who helped with John McCain’s 2008 presidential campaign and came out in support of marriage equality in a 2009 interview with the Washington Blade.

Evan Wolfson, president of Freedom to Marry, said the brief as reported by the New York Times reflects the growing support for marriage equality — even within the Republican Party.

“A who’s who of the Republican Party has come before the Supreme Court to affirm that support for the freedom to marry is a mainstream position that reflects American values of freedom, family, and fairness, as well as conservative values of limited government and personal responsibility,” Wolfson said. “As opposition to the freedom to marry becomes increasingly isolated and the exclusion from marriage increasingly indefensible, Americans all across the political spectrum are saying it’s time to end marriage discrimination, do right by families, and get our country on the right side of history.”

Mixed reviews for Obama’s State of the Union address

Joint Session of Congress, gay news, Washington Blade, Barack Obama

President Obama delivered a State of the Union address that included a couple of LGBT references. (Washington Blade file photo by Michael Key)

Speaking before a joint session of Congress on Tuesday evening, President Obama delivered the first State of the Union address of his second term that included one overt reference to gay people in addition to a veiled reference to the LGBT community as he highlighted other initiatives.

Obama’s most explicit gay reference came when he pledged to “do whatever we must” to protect U.S. troops serving the country overseas. At that point, Obama touted the extension of limited partner benefits to gay troops that was announced by the Pentagon a day earlier — possibly alluding to further benefits upon repeal of the Defense of Marriage Act.

“As long as I’m commander in chief, we will do whatever we must to protect those who serve their country abroad, and we will maintain the best military in the world,” Obama said. “We will ensure equal treatment for all service members, and equal treatment for their families — gay and straight.”

Allyson Robinson, executive director of the LGBT military group OutServe-SLDN, said Obama “was very clear” that gay service members and their families should be treated equally — but noted the work isn’t finished.

“To finish the task, the Supreme Court must strike down the so-called Defense of Marriage Act,” Robinson said. “Secretary Panetta’s successor must enact equal opportunity and non-discrimination policies that protect LGBT troops and ensure America’s military can attract and retain America’s best. And outmoded, obsolete policies that bar qualified American patriots who are transgender from military service must be eliminated.”

A less overt — but more forward looking — reference to the LGBT community came at the beginning of his speech when Obama alluded to gay people when talking about removing barriers preventing Americans from joining the middle class “no matter … who you love.”

“It is our generation’s task, then, to reignite the true engine of America’s economic growth,” Obama said. “It is our unfinished task to restore the basic bargain that built this country — the idea that if you work hard and meet your responsibilities, you can get ahead, no matter where you come from, or who you love.”

That remark has been interpreted as a call on Congress to pass employment non-discrimination protections because the absence of such a law is seen as an impediment to LGBT workers reaching economic prosperity. Prior to the address, advocates were hopeful Obama would use the occasion of the State of the Union address to push for passage of the Employment Non-Discrimination Act and pledge to issue an executive order barring federal contractors from engaging in anti-LGBT job bias.

Tico Almeida, president of Freedom to Work, was among those who interpreted the remarks as an allusion ”to the need to outlaw workplace discrimination against LGBT Americans” — but called on Obama to take more action.

“First, the president should sign the executive order adding LGBT workplace protections to almost 25 percent of all American jobs,” Almeida said. “Second, he should encourage Senate Majority Leader Harry Reid to keep his three-year-old promise to bring ENDA to a vote on the Senate floor for a long overdue vote.”

Almeida added he wants Obama to “explicitly call on both chambers of Congress to pass ENDA” in another speech sometime before the Senate vote expected this year.

Fred Sainz, vice president of communications for the Human Rights Campaign, took a broader view.

“I think that it’s broader and more significant in that it includes kind of a broad sweep of the inclusion of gay people in the middle class,” Sainz said. “And so, it has everything to do with employment and opportunity and every hope and dream that LGBT have.”

Asked whether the language satisfies his previous call for Obama to lay out plans for the LGBT executive order during the State of the Union, Sainz said he thinks it falls short of that request, but said it’s still significant.

“I don’t think he necessarily speaks to it directly, but I do think that it is further evidence of … mainstreaming of LGBT people in all aspects of American life,” Sainz said.

The LGBT references build off the stronger references that Obama made during his inaugural speech when he invoked the Stonewall riots and said ”the love we commit to one another must be equal.” In his three previous State of the Union speeches, Obama has also mentioned the LGBT community and talked about “Don’t Ask, Don’t Tell” repeal.

Obama also made a reference to the global HIV/AIDS epidemic when he talked about the United States pushing to make progress in poorer countries.

The president hit on “realizing the promise of an AIDS-free generation,” then, diverting from his prepared remarks, said it’s “within our reach.” That term was coined by former Secretary of State Hillary Clinton as part of the Obama administration’s pledge to rid the world of the disease.

Kali Lindsey, director of legislative and public affairs for the National Minority AIDS Council, said in a statement Obama’s remarks are a call to action “to make AIDS this century’s polio.”

“This includes continued funding for PEPFAR, the President’s Emergency Plan for AIDS Relief, and the Ryan White HIV/AIDS Program,” Lindsey said. “It also means continued implementation of the Affordable Care Act in a way that meets the needs of those living with and vulnerable to chronic and communicable diseases, like HIV.”

Obama also made an implicit LGBT reference when he called on the House to pass the version of the Violence Against Women Act reauthorization that the Senate had passed on a bipartisan vote just hours earlier. The Senate version of the bill has explicit LGBT language to help LGBT victims of domestic violence.

“Today, the Senate passed the Violence Against Women Act that Joe Biden originally wrote almost 20 years ago,” Obama said. “I urge the House to do the same.”

But an LGBT references was notably left out of Obama’s speech when he talked about the importance of passing comprehensive immigration reform without mentioning the potential separation that bi-national same-sex couples face in the United States.

Instead, Obama talked about “a responsible pathway” to citizenship that includes a background check and learning English and fixing problems in the legal immigration system. Obama included gay couples in the plan he unveiled for reform.

The LGBT grassroots group GetEQUAL expressed disappointment in the State of the Union address.

“As someone who would qualify for the DREAM Act and who is part of a bi-national family, I know first-hand that true comprehensive immigration reform must include LGBTQ families, a fair and just pathway to citizenship, and an end to harsh enforcement that separates families,” said Felipe Sousa-Rodriguez, GetEQUAL’s national field director.

Heather Cronk, GetEQUAL’s managing director, criticized Obama for not committing to signing an executive order prohibiting anti-LGBT job bias for federal contractors — noting he announced other directives, such as one related to cybersecurity. She was among those who protested at the White House on Sunday over the non-discrimination directive.

“He had his pen out today to sign other executive orders — it’s incumbent on the LGBT community to ask why he decided to put that pen away before protecting 25 percent of the American workforce from workplace discrimination,” Cronk said.

Local members of the LGBT community were among the guests during the State of the Union. The White House invited Tracey Hepner, a lesbian Arlington, Va., resident and co-founder of Military Partners and Families Coalition, to sit with first lady Michelle Obama. She’s the spouse of the military’s first openly gay flag officer, Army Brig. Gen. Tammy Smith.

Also in attendance was Kelly Costello, a lesbian Potomac, Md., resident, who was invited by Rep. Jerrold Nadler (D-N.Y.), the sponsor of the Uniting American Families Act. Costello and her Peruvian native spouse Fabiola Morales, who married in Washington, D.C., are a bi-national same-sex couples fighting to stay together in the United States.

LGBT members of Congress praise address

While some advocacy groups were calling on Obama to take more action after the State of the Union address, LGBT lawmakers praised Obama when speaking with the Blade in the U.S. Capitol’s Statuary Hall after the speech.

Lesbian Sen. Tammy Baldwin (D-Wis.) said Obama’s LGBT-inclusiveness builds off the remarks that he gave on LGBT issues during his inaugural address.

“We started on the inaugural address,” Baldwin said. “We talked about the fact that the inclusion was poetic, and sort of weaving into the larger fabric of movements throughout our nation’s history. Today, I was pleased with the power of his language, especially with regard to seeing through the implementation of the repeal of ‘Don’t Ask, Don’t Tell,’ and respecting not only the right to serve, but the right to full recognition for families and service members.”

Rep. Kyrsten Sinema (D-Ariz.), the only openly bisexual member of Congress, said she was pleased with the move to expand benefits for gay troops.

“It’s a no-brainer,” Sinema said. “I think the fact that not only did the Department of Defense take this action, but the president referenced it in his speech shows that there is widespread acceptance. Not only that, but this is not a controversial issue.”

Rep. Mark Takano (D-Calif.), the first openly gay Asian-American in Congress, was seated next to Sinema in the gallery and said they nudged each other when Obama mentioned partner benefits for gay troops.

“I certainly applaud the president for not only mentioning it in his inaugural speech, but he also made a reference to LGBT equality in my first State of the Union,” Takano said. “What a thing that is, so I’m hopeful we’ll move forward in this Congress.”

One member of Congress who wouldn’t speak to the Blade about the State of the Union was anti-gay Rep. Vicky Hartzler (R-Mo.). Asked whether she would provide a comment for the Blade, Hartzler replied, “Ah, that’s OK.”

Victory Congressional Celebration

buyphotoThe Gay & Lesbian Victory Institute held a celebration at the Ronald Reagan Building and International Trade Center on Friday. (Washington Blade photos by Michael Key)

Year in review: Record number of gay candidates win House seats

LGBT caucus of the U.S. House of Representatives, gay news, Washington Blade

(clockwise from top left) Jared Polis (D-Colo.), David Cicilline (D-R.I.), Kyrsten Sinema (D-Ariz.), Mark Takano (D-Calif.), Mark Pocan (D-Wisc.), and Sean Patrick Maloney (D-N.Y.). (Photos of Polis, Cicilline, Maloney and Pocan by Michael Key for the Washington Blade. Photos of Sinema and Takano courtesy of the respective campaigns).

A record number of lesbian, gay and bisexual candidates were elected to the U.S. House this year, nearly doubling the number of out representatives serving in the lower chamber of Congress.

Gay Reps. Jared Polis (D-Colo.) and David Cicilline (D-R.I.) won re-election, and on the same night, out candidates Sean Patrick Maloney of New York, Kyrsten Sinema of Arizona, Mark Takano of California and Mark Pocan of Wisconsin won their races. The new additions — minus Rep. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.), who are leaving the U.S. House — means LGB representation in the chamber will jump from four lawmakers to seven.

Maloney, who will be the first openly gay U.S. House member from New York, said upon the announcement that he won his bid to unseat Rep. Nan Hayworth (R-N.Y.) that voters in the state’s 18th congressional district voted for change.

“Across four counties on two sides of the Hudson River, in hundreds of schools, firehouses, community centers, in the Democratic vote of a quarter million of our neighbors, the people have settled this debate,” Maloney said. “They have closed this campaign.”

Sinema will become the first openly bisexual member of Congress and Takano will become the first openly gay person of color to have a House seat. Pocan’s election means Wisconsin’s 2nd congressional district will maintain gay representation as Baldwin heads to the U.S. Senate.