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New push for 2012 Senate hearing on ENDA

Committee has votes to move pro-LGBT bill to floor

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Mark Kirk, gay news, gay politics dc, enda

Republican ENDA co-sponsor, Sen. Mark Kirk is currently recovering from a stroke he suffered in January. (Washington Blade file photo by Michael Key)

LGBT rights supporters are calling for a Senate hearing and committee vote to draw attention to one of the longest sought pieces of pro-LGBT legislation in Congress: the Employment Non-Discrimination Act.

While the Republican takeover of the House in 2010 makes any movement of the legislation in that chamber unlikely, Democrats remain in control of the Senate and Tom Harkin (D-Iowa), a longtime supporter of ENDA, remains chair of the Senate Health, Education, Labor & Pensions Committee, which has jurisdiction over the bill.

Tico Almeida, president of Freedom to Work, called Harkin a “strong champion for workplace fairness for all Americans” and said ENDA supporters are fortunate the Iowa Democrat heads the panel responsible for the legislation.

“I hope he will use his chairmanship to organize an ENDA hearing this spring or summer,” Almeida said. “Given that 70 or 80 percent of Americans are in favor of ENDA, and that support crosses party lines, this is a winning wedge issue for Democrats to use in an election year.”

Mara Keisling, executive director of the National Center for Transgender Equality, said ENDA supporters have been asking the committee for a hearing “for a long time” throughout the course of the 112th Congress.

“When there’s nothing else going on, it’s always good to try to get a hearing,” Keisling said. “It keeps the ball moving. It keeps reminding everybody that there are some issues that we all know we have to cover eventually.”

ENDA has been a high priority for the LGBT community for decades. It would prohibit discrimination on the basis of sexual orientation and gender identity in most situations in the public and private workforce. Even when Democrats controlled both the House and Senate in the 111th Congress, no committee or floor vote was taken on the legislation.

A hearing in the Senate presents a historic opportunity because no transgender witness has testified before the upper chamber on the importance of ENDA or told a story about being discriminated against on the basis of gender identity.

According to “Injustice at Every Turn,” a report published last year by the National Gay & Lesbian Task Force and the National Center for Transgender Equality, transgender people face significantly high rates of workplace discrimination. The study says transgender people have double the rate of unemployment compared to non-trans people. Ninety percent of those who participated in the survey reported experiencing discrimination on the job or took actions like hiding their gender identity to avoid it.

In 2009, the House Education & Labor Committee held a hearing that featured testimony from Vandy Beth Glenn, a former legislative editor at the Georgia General Assembly who was fired in 2007 after she announced she was undergoing gender transition. While no federal law prohibits discrimination against transgender people, the 11th Circuit of Court of Appeals issued a sweeping decision in December that Glenn’s employer unlawfully discriminated against her on the basis of gender because she wasn’t conforming to gender stereotypes.

A similar hearing in the Senate in the same year had no transgender witness, although there was testimony from a high-ranking Obama administration official, Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division.

Almeida said the inclusion of at least one — and preferably several — transgender witness at any hearing by the Senate HELP Committee on ENDA would be “absolutely critical.”

“I vividly remember sitting in the counsel’s chair on the House Labor Committee dais as Vandy Beth Glenn testified somberly about being fired on the same day she told her employer that she planned to transition from male to female,” Almeida said. “There’s a lot of important education that happens when transgender Americans get to share their stories and talk about their lives.”

While Almeida served as ENDA’s lead counsel in the U.S. House from 2007 to 2010, the House Education & Labor Committee held three separate ENDA hearings and called five transgender witnesses to testify. Almeida said one of the three hearings was “historic” because it exclusively focused on workplace discrimination against transgender people.

“That was the first time any congressional committee had ever held any hearing specifically about discrimination against transgender Americans,” Almeida said. “By comparison, the U.S. Senate is way behind.”

Mara Keisling, executive director of the National Center for Transgender Equality (Washington Blade file photo by Michael Key)

Keisling said “a lot of people” could be qualified to testify as a transgender witness for a hearing on ENDA. Without naming anyone in particular, she said the candidate should be “as fresh as possible.”

“A six-month-old case is better than a 20-year-old,” Keisling said. “It’s a really tough thing. It’s has to deal with what members of the Senate on the committee, who you’re trying to reach out to, how you balance it geographically and demographically.”

In addition to holding a hearing on ENDA, the committee could easily report out the legislation to the Senate floor. Besides Sen. Jeff Merkley (D-Ore.), the chief sponsor of the bill, all 12 Democrats on the panel are co-sponsors as well as Sen. Mark Kirk (R-Ill.), who’s one of three Republicans in the Senate who’ve signed on in support of the bill along with Sen. Susan Collins (R-Maine) and retiring Sen. Olympia Snowe (R-Maine).

Moving the bill out of committee could draw media attention to the legislation similar to what happened in November, when the Senate Judiciary Committee along party lines reported out the Respect for Marriage Act — legislation that would repeal the anti-gay Defense of Marriage Act.

Almeida said Harkin could take a cue from Chairman Patrick Leahy (D-Vt.), who decided to move forward with the DOMA repeal markup, by applying the same standard to ENDA.

“I imagine Sen. Leahy realized that [the Respect for Marriage Act] was not going to pass the full Senate this session, but he held the hearing and mark-up anyway because those events are good ways to tell compelling stories, create good media attention in favor of equality, and build momentum for eventual passage,” Almeida said. “We need the same push and momentum for ENDA.”

But a committee vote on ENDA would likely be the most extensive action that could take place on the legislation in the current Congress.

The bill has 41 co-sponsors, which is short of the 60 votes necessary to overcome a filibuster on the Senate floor. Last year, advocates said a floor vote in the Senate could be successful — but that was largely contingent on pressure from President Obama, who has been quiet on ENDA during the 112th Congress. Any movement on ENDA in the Republican-controlled House is unlikely.

Moreover, the offices of lawmakers who would be responsible for moving forward with ENDA in committee were reluctant to say much about the prospects of having either a hearing or a markup on the bill.

Justine Sessions, a HELP Committee spokesperson, said the panel hasn’t planned any hearing beyond the month of April.

Previous hearings have emphasized topics such as maintaining America’s global competitiveness, but nothing related to ENDA.

Julie Edwards, a Merkley spokesperson, said she’s unable to comment on the discussions her boss may have had with Harkin on the issue.

“Sen. Merkley continues to explore every avenue to make legal discrimination a relic of the past,” Edwards said. “We cannot discuss private conversations with colleagues, but he will explore every option.”

Nonetheless, LGBT groups insist they’ve been pushing for Senate action on ENDA. Freedom to Work, the Human Rights Campaign, the National Center for Transgender Equality and the National Gay & Lesbian Task Force have each said they have been in contact with the committee to urge them to take action.

Michael Cole-Schwartz, an HRC spokesperson, said HRC has “worked with” the committee for action on ENDA.

“As with all of our priority bills, we constantly work with our allies to find every opportunity to move the ball down the field,” Cole-Schwartz said. “A Senate hearing and markup on an inclusive ENDA would represent tremendous progress and we’ve worked with Senators Harkin, Merkley, Kirk and others toward that end.”

Stacey Long, the National Gay & Lesbian Task Force’s director of public policy and government affairs, said her group “has been advocating this position to Sen. Harkin and other lawmakers on the Hill.”

“The Task Force staunchly supports a trans-inclusive hearing and markup of ENDA this year,” Long said. “Political leaders need to hear the stories, see the startling data, and most importantly, pass an inclusive ENDA.”

But Keisling said one of the challenges with having either a hearing or markup on ENDA is Kirk “being out of the picture temporarily.” He’s been recovering from a stroke that he suffered in January.

“He’s by far the best Republican supporter on the HELP committee,” Keisling said. “Having him not there right now complicates the picture. … It would be great to have Sen. Kirk when there was a hearing, and I don’t have the slightest idea when he’s coming back.”

A Senate hearing on ENDA could represent an opportunity for renewed focus on another ask of the Obama administration: an executive order from Obama requiring companies doing business with the federal government to have LGBT-inclusive non-discrimination policies.

Harkin has already expressed support for the executive order, telling the Washington Blade last year he “would strongly support an executive order from President Obama that makes clear government contractors cannot discriminate based on sexual orientation and gender identity.” As far as other members of the committee go, Merkley has said he’d support the directive, while Kirk has said the statute is the right way because a future president could rescind the order.

Almeida said discussion about the executive order during a committee hearing may come up, but he doesn’t think “anybody would make a big deal about it” — mostly because Republican senators opposed to ENDA and the executive order would likely skip the hearing as they’ve done in years past.

“I don’t think the topic of the executive order needs any more study given that the lawyers at President Obama’s Justice Department and Labor Department have already done more than a year’s worth of research and then recommended that the president sign the executive order,” Almeida said. “It’s now time for President Obama to sign the order.”

Multiple sources have told the Blade the Labor and Justice Departments have cleared such a measure, but the White House hasn’t said whether Obama will issue the directive.

Keisling also said she doesn’t think devoting any portion of the hearing to the executive order will be necessary.

“I think the president knows who in Congress would support it and who wouldn’t,” Keisling said. “I don’t see that would be helpful in moving it along at all. It would probably make us all feel good if there were more noise about it, but I don’t think it’ll help move along the issue.”

 

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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