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Tenn. activists rally for ENDA executive order

Sanders faults nat’l groups for not providing strategy

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Barbara Stover (left), Darren Crawford (center) and Janet Moore protest for employment protections in Cookevile, Tenn. (photo by R.G. Cravens)

Faced with living in a state with no non-discrimination law protecting them, LGBT activists demonstrated in three Tennessee cities on Sunday to call on President Obama to issue an executive order barring federal contractors from engaging in job bias based on sexual orientation and gender identity.

Chris Sanders, president of the Tennessee Equality Project, said he organized the demonstration as part of 24 Tennessee groups because of a law signed last year by Gov. Bill Haslem (R) prohibiting cities from passing LGBT non-discrimination ordinances. That measure rescinded a contractor non-discrimination ordinance that passed a couple months earlier in Nashville.

“We had experienced in 2011 Nashville passing a contractor non-discrimination ordinance only to have the state nullify it,” Sanders said. “So, we have no option but this executive order and ENDA ahead of us in Tennessee. We have no hope for getting state employment protections at the state level when now we can’t even pass them in our city.”

The Obama administration has thus far withheld issuing an executive order along these lines. Just last week, White House Press Secretary Jay Carney said Obama prefers legislation known as the Employment Non-Discrimination Act because that measure would “provide lasting and comprehensive protections for LGBT people across the country regardless of whether they happen to work for a government contractor.”

A White House spokesperson declined to comment over the weekend about the Tennessee demonstration.

Protestors demonstrated at the three places in Tennessee: in front of the federal building in Memphis; in front of the Putnam County Courthouse in Cookeville and the War Memorial Plaza in Nashville. Sanders estimated that a total of 115 people showed up for the rallies: 30 in Memphis; 15 in Cookeville and 70 in Nashville.

The Tennessee Equality Project has also launched an online petition at the White House website calling on Obama to issue the executive order. As of Sunday evening, the petition had 4,700 signatures. If a total of 25,000 people sign the petition by Wednesday, the White House will issue an official response.

“If this item is signaled as a priority in our movement, which is what we’ve been reading, then we as our community ought to be showing that it’s important to us,” Sanders added. “That’s why did these rallies, that’s why we started the petition.”

Sanders didn’t limit his protest to the White House, but faulted national groups and bloggers for not providing a strategy to build grassroots support for the executive order, saying local activists “haven’t really been given marching orders of what we’re all supposed to be doing to get it done.”

“I would think that either the national bloggers or the national organizations that serve our community would have put together some public strategy for building support for it,” Sanders said. “I know they’re lobbying to get things going along, and we think that’s absolutely critical. We do that at the state and local level and we know the value of that, but you also have to build public support, and we haven’t seen a lot of that.”

Sanders declined to identify which national groups and bloggers weren’t doing enough on the executive order, but said he sent out the news release and didn’t find much interest.

“We’re just hoping that other states begin movement because we’re not getting a clear signal at the national level of what we’re supposed to be doing,” Sanders said. “Again, I thought the signal was clear that it’s a priority, but we’re supposed to do, that’s been ambiguous, so we just took matters into our own hands here.”

Tico Almeida, president of the national LGBT group Freedom to Work, said he agrees “it’s important to build public support for the executive order in addition to traditional lobbying” and said he undertook efforts to collaborate with the Tennessee activists and alert media about the demonstration.

“We were very glad to receive an email this weekend with a press release about the Tennessee rallies for the executive order, and we wrote back to Chris Sanders to offer our help getting the word out,” Almeida said. “We then forwarded the press release to the Washington Blade so that the Tennessee efforts could get news coverage. We are very eager to collaborate with any state or local LGBT organizations interested in pushing for the executive order and for ENDA the statute.”

The Human Rights Campaign, another national LGBT group calling for the executive order, didn’t respond to a request to comment on Sanders’ remarks.

Gray Alexander addresses the rally for employment non-discrmination protections in Nashville (photo courtesy Chris Sanders)

In addition to having a law prohibiting cities from passing non-discrimination ordinances, Tennessee has no state law on the books protecting LGBT people against job bias in the workforce. LGBT people in the state would need either federal action for protection, such as the executive order or passage of ENDA.

Among those demonstrating was Gray Alexander, who’s 15 and co-president of the gay-straight alliance at Martin Luther King, Jr., Magnet High School in Nashville.

Alexander, who identifies as pansexual, said he participated in the protest because he says the executive order is “the only way for us to get equality in the workplace.”

“It’s frustrating,” he said. “It’s an important thing that needs to happen for all our states. There’s no need discrimination based on gender identity and sexual orientation in the workplace anywhere in the U.S., or anywhere in the world.”

Alexander said he hasn’t personally been the victim of discrimination in employment, but says harassment of LGBT students in commonplace within his school.

“My school is a much more progressive school than other schools in the state, but there’s obvious discrimination based on sexual orientation,” Alexander said. “It’s not as confrontational as a lot of other places. A lot of it is just calling someone ‘gay’ or ‘faggot’ behind their back, or pointing at them as they walk by.”

Kal Dwight, who’s 21 and a transgender Memphis resident, said he demonstrated because as a volunteer at the Memphis Gay & Lesbian Community Center he’s seen employment discrimination against transgender woman.

“They definitely have a really hard time getting a job anywhere,” Dwight said. “Anytime we can get them more protections is good — especially here in the African-American community.”

Despite the stated reluctance on behalf of the White House, Dwight was optimistic that Obama would issue an executive order protecting LGBT workers.

“I think he’s going to do it; I just don’t think he’s going to do it right this second,” Dwight said. “I have faith that he’s going to do it.”

A prominent incident of alleged LGBT employment discrimination in Tennessee has occurred in recent years.

Former Belmont University head soccer coach Lisa Howe in 2010 may have been dismissed from her post because she’s a lesbian.

At the time, Howe and her partner were expecting a baby. After the Christian college denied her permission to share this information with her team, Howe resigned. According to an article in The Huffington Post, those familiar with the situation alleged Belmont University told Howe her sexual orientation wasn’t consistent with the school’s values and she’d would have to resign or be fired.

The school ultimately sent out a statement saying her removal was a mutual decision between officials and Howe.

According to a search on USASpending.gov, Belmont University is a federal contractor. However, as a Christian-affiliated school, the college may be still free to discriminate against LGBT workers even under ENDA or an executive order barring workplace discrimination because of the religious exemption.

Alexander recalled that incident and said the loss of Howe’s job was “unacceptable” — particularly because she did exceptional work as the soccer coach for the school.

“They went from losing professionally and to a winning season, and so then she wanted to come out, and she quit for working for them,” Alexander said. “The fact that she had to leave because she was gay, even though she was phenomenal soccer coach is really frustrating. Her track record didn’t make up for that fact that she was gay.”

According to the news release for the protests, a coalition of 24 Tennessee-based groups organized the demonstrations: Austin Peay State University Gay/Straight Alliance, Out & About Newspaper, Tennessee Tech Lambda, Tennessee Transgender Political Coalition, Nashville GLBT Chamber of Commerce, PFLAG Nashville, Greater Nashville Prime Timers, GLSEN Middle TN, Metro Human Relations Commission, Nashville Pride, OutCentral, Just Us at Oasis Center, PFLAG Maryville, Human Rights Campaign Nashville Steering Committee, CHOICES: Memphis Center for Reproductive Health, Vanderbilt Lambda Association, Tennessee Democratic Party, Latino Memphis, First Congregational Church Memphis Planned Parenthood Greater Memphis Region, Shelby County Democratic Party, Memphis Gay & Lesbian Community Center, Perpetual Transition, Tennessee Friends of People’s World and Tennessee Citizen Action.

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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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