President-elect Donald Trump said that marriage equality is "done" and "settled" when he sat down for an interview with CBS' Lesley Stahl on 60 Minutes shortly after the election. "It's law," he stated.
But his choice for vice president, Indiana Gov. Mike Pence—who drew national criticism in 2015 when he signed a Religious Freedom Restoration Act into Indiana law—raises concerns, U.S. Rep. Robin Kelly, of Illinois' 2nd Congressional District, told Windy City Times. "Supposedly, President-elect Trump is accepting and open-minded," she said, "but … we'll see."
The results of the presidential election left many members of underrepresented groups, including the LGBTQ community, unsure of what the coming years hold for them, on local, state and national levels. Statements via spokespeople, tweets, and the president-elect's own mouth have fact-checkers scrambling and civil-rights groups at the ready, with many people asking their elected officials variations on the same question: "What happens next?"
Court rulings and executive orders
"I think it will be very hard … to do anything significant about the gains that have already been made" for LGBTQ rights, said U.S. Rep. Jan Schakowsky, D-9, discussing the U.S. Supreme Court's marriage equality ruling in Obergefell. "I've talked to people who worry about the legality of their relationships. But I think it'll be very hard, and I think the pushback will be fierce if there really are efforts" to repeal marriage equality.
President Barack Obama has taken several actions to protect LGBTQ rights, such as signing a 2014 executive order that prohibits federal contractors from discriminating against employees on grounds including sexual orientation and gender identity. The U.S. departments of education and justice also released guidelines protecting transgender students in schools that receive federal funding, though a Texas judge issued a nationwide injunction preventing those guidelines from taking effect.
Injunction or not, though, Schakowsky noted that the new administration can simply undo the Obama administration's orders. "We would have—if we could have—put those [orders] into law, but we couldn't" due to congressional gridlock. So, since legal action cannot prevent their repeal, political action on the part of citizens—petitions and demonstrations—can help prevent it, she said.
The Sessions question
The opening of the 115th Congress brings confirmation hearings for President-elect Trump's choices to fill his Cabinet. Sen. Jeff Sessions of Alabama, Trump's nominee for attorney general—a post that carries with it key responsibilities in enforcing civil rights—has been met with skepticism from legislators, who question Sessions' history of opposition to civil rights, reproductive rights and LGBTQ rights as a senator.
"I'm concerned," Illinois Sen. Dick Durbin said regarding the nomination. "What does that mean, in terms of lawsuits that will be filed—or won't be filed—from the Department of Justice? Will he aggressively enforce the laws as they exist in protecting minorities, including those in the LGBTQ community?"
During confirmation hearings, Sessions stated that he would respect the rulings of Obergefell v. Hodges and Roe v. Wade when heading the Justice Department, as well as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, a law that classifies attacks based on sexual orientation and gender identity as federal hate crimes. ( He opposed that law's passage in the Senate. )
He also dismissed allegations that he had made racist remarks in the 1980s, which at that time kept him from being confirmed for a federal judgeship.
Sessions is one of many Cabinet nominees that raise concerns for Senate Democrats, said Durbin. ( Others include Rep. Tom Price of Georgia, nominated to head the Department of Health and Human Services, and Betsy DeVos, nominated to head the Education Department. )
However, Durbin pointed out that while hearings may raise questions by members of Congress, the Republican majority in the Senate makes for easy confirmation of the president-elect's Cabinet nominees, plus there is deep concern about appointments for federal judge posts, including the Supreme Court.
Congressional gridlock
Recent issues such as gun control, the future of the Affordable Care Act ( "Obamacare" ), and the Supreme Court vacancy left by the late Associate Justice Antonin Scalia have highlighted the rift between the two major parties in Congress. All of the legislators Windy City Times spoke with noted the difficulty that comes with trying to pass bipartisan legislation.
Tammy Duckworth began serving as a U.S. senator in the new session of Congress. She now represents the whole state of Illinois, which is considerably more mixed than the largely Democratic 8th District, which she represented in the House. However, she said, many investments in the state—such as in rails, roads, and education—"do not have political labels."
She acknowledged there will be disagreements between members of different parties, but said she tries to approach every conversation "with the assumption that whoever I'm talking to loves this nation as much as I love this nation, which makes it easier to find a way to work together."
"It's a different ideology," said Kelly. "Maybe the same goal, but … different ways of getting there."
"It is really tough."
Kelly noted that the 21st Century Cures Act—which passed both chambers overwhelmingly in December before being signed into law by President Obama—was a positive example of the two parties working together. That bill provides $4.8 billion in new funding for the National Institutes of Health.
Other bills face more opposition. For example, Schakowsky has co-sponsored legislation seeking to repeal the Hyde Amendment, the controversial legislative provision that blocks certain federal funding—primarily Medicaid—for most abortions. Despite Democratic support, that legislation has not successfully passed the House.
In the Senate, Durbin is currently seeking reauthorization of the Runaway and Homeless Youth and Trafficking Prevention Act, which expired in 2013. The law provides shelter and outreach services for homeless youth, and in its newest version includes non-discrimination provisions for sexual orientation and gender identity.
"Under Democratic control, this was an easy ask," Durbin said. "If you go out at night and find homeless youth in the city of Chicago, a great percentage of them are there because of their sexual orientation [and gender identity], and the fact that they've either been thrown out of their homes or don't feel welcomed, or are threatened in their homes. So, I really think this is an act of mercy that we need to reenact."
Duckworth stated her position simply: If Republican interests align with what she feels is best for Illinoisans, she will work with them. "But if they are going to propose policies that will harm Illinois families or roll back important civil-rights protections, then I'll be there to stand up and oppose them."
What constituents can do
"I know the result of this presidential election was dispiriting for so many people," said Duckworth, "but we can't give up, because there's a lot of work to be done."
Constituents must not overlook current issues, Durbin said. "The repeal of the Affordable Care Act is important to everyone in America."
He and Schakowsky were present at the December opening of the Howard Brown Health facility in Chicago's Rogers Park neighborhood. "I'm impressed with the services that [Howard Brown is] offering to the community and beyond," said Durbin. But "they are in jeopardy if there is a repeal of the Affordable Care Act without an adequate replacement. So, this is an issue which I hope everyone takes personally, whatever your status in life, whatever your orientation."
Kelly urges her constituents to be involved in the political process all the time, and not just during election campaigns. This includes reaching out to legislators. "We have to be held accountable," she said, and constituents can do that by voicing support or opposition for a bill, or simply sharing ideas. "We don't know everything … so people that have experience in a certain area" can share their insights with legislators.
She recently held her second LGBT stakeholders meeting. The gathering, which Kelly plans to be a twice-yearly event, drew a mix of elected officials, business and non-profit leaders, and constituents of the 2nd District, to discuss the role of LGBTQ rights in the new congressional session and presidential administration. Also in attendance was Rep. Mark Pocan of Wisconsin's 2nd Congressional District, a co-chair of the House LGBT Equality Caucus.
Volunteering and donating to organizations are also valuable ways of contributing, Kelly added, "even if you don't do it for a [legislator]… . There's an avenue for every interest."
Schakowsky expanded on that idea, noting that many advocacy organizations send out action alerts with information about what constituents can do to have a stake in legislative issues. "So stay in tune with those," she said. "Social media lets us do that now—to really know, minute to minute, what's going on."
She and Durbin also noted that, in addition to national debates, citizens of Illinois ( and readers of Windy City Times ) have issues to focus on within the state. The ongoing lack of a complete budget in Illinois is a "political and economic disaster," said Durbin.
Illinois is one of 36 states that will hold gubernatorial elections in 2018, and "we have to be ready" for that, said Schakowsky.
Going forward
In the wake of a contentious election—and almost a year during which Senate Republican leaders refused to hold confirmation hearings for President Obama's Supreme Court nominee—some Democrats are resistant to working with Republicans, who will now control both houses of Congress as well as the White House.
However, newly elected Senate Minority Leader Chuck Schumer said in an interview with CNN, "If we can work with [President-elect Donald Trump] and be true to our principles, we're not going to reject him." That position has drawn criticism from some progressives, who feel Democratic lawmakers are too quick to compromise.
"We're in a difficult position here," said Durbin. "Donald Trump the candidate said things that most Democrats agree with on a lot of issues," including Medicare, Medicaid and Social Security, as well as his stance on reworking trade agreements. "Those are basic Democratic positions," Durbin said. "So what Senator Schumer was saying is, we would like to stand with the president in those areas of commonality."
But Durbin added, "We're going to oppose [the president-elect] and the congressional Republicans when they go after what we consider to be our basic values."
Schakowsky agreed. "It's not to oppose him for the sake of opposing him," she said, also noting Trump's campaign pledges to maintain programs such as Medicare and Social Security. But "so far, his [Cabinet] appointments don't really prove that point. … We'll judge things as they come."
Indeed, Trump already seems to be running a different show than his predecessors, and his positions on certain key issues remain largely unknown. For example, it has been standard practice for incoming presidents to divest their business assets in order to avoid conflicts of interest, said Schakowsky. But, she added, "he's not standard."
Durbin noted that, on issues such as LGBTQ rights, presidential candidates typically stake out a position during the course of their campaign. However, "This has not been the case when it comes to Donald Trump. … In terms of where he is personally, where his Cabinet will be, what his administration will do, I think that's unresolved as we think about it today."
