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Pelosi envisions path for House passage of ENDA

Democratic leader looks to VAWA as way to move LGBT anti-bias bill

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House Minority Leader Nancy Pelosi said she hopes ENDA could pass the House in a way similar to VAWA (Washington Blade file photo by Michael Key).

House Minority Leader Nancy Pelosi said she hopes ENDA could pass the House in a way similar to VAWA (Washington Blade file photo by Michael Key).

Amid expectations the Senate will vote next week on the Employment Non-Discrimination Act, House Minority Leader Nancy Pelosi (D-Calif.) is a envisioning path for passage of the bill in her chamber of Congress despite Republican control.

During her routine news conference on Wednesday, Pelosi said she’s hoping for a situation on ENDA similar to what happened when the House passed reauthorization of the Violence Against Women Act earlier this year.

“We made it too hot to handle in the public,” Pelosi said. “It had to come to the floor. Even so, a majority of the Republicans voted against the Violence Against Women Act. But nonetheless, it came to the floor. I hope we could have a similar situation with this.”

Asked to clarify whether VAWA reauthorization could be a model for House passage of ENDA, Pelosi called for expedited movement of the legislation in her chamber.

“Well, I would think it would be “once burned, twice learned,” and that they would, shall we say, save some time by taking it right to our committee and to the floor,” Pelosi said. “It’s really important. Our country ā€“ ending discrimination is what we are all about as Americans, and we should not have discrimination in the workplace because of gender identity.”

In February, the House, amid public pressure, passed the Senate measure to reauthorize VAWA, which contained protections for LGBT victims of domestic violence. It was the first and only time a bill with LGBT-specific language passed under the leadership of House Speaker John Boehner (R-Ohio).

House Republican leadership initially brought to the floor its own version of the bill without LGBT protections, but didn’t have enough votes in its own caucus to pass the measure. Afterward, House leaders brought to the floor the Senate version of the bill, which was approved unanimously by the House Democratic caucus along with 87 Republicans.

Pelosi said Wednesday the situation could be similar for ENDA after noting the significant cultural change on LGBT issues since 2007, when a gay-only version of ENDA was introduced on the House floor. The Democratic leader attributed this change to “the community’s” efforts.

“So I would hope that the public attitude, which I attribute to the community’s activism, outside mobilization, and just family awareness and respect for people to end discrimination, increases its prospects for now,” Pelosi said. “And, it will be interesting to see if in the Republican Party they want to see a continuation of discrimination in the workplace for people because of their gender identity.”

Notably, throughout her remarks, Pelosi twice explicitly mentioned the bill’s protections in employment based on gender identity, and never once mentioned sexual orientation. That’s significant because the House under her leadership moved forward a bill in 2007 that included protections based on sexual orientation, but omitted language for transgender people.

Small progress has been made on ENDA quietly in the House amid considerable attention about whether the bill will have enough votes to pass in the Senate.

In this week alone, the legislation has gained at least two new Republican co-sponsors following the initial news that ENDA would soon come to a floor vote in the Senate. According to “Thomas,” the website for the Library of Congress, Rep. Jon Runyan (R-N.J.) signed on as a co-sponsor on Monday.

Joining him on Wednesday were six additional co-sponsors. Among them are Raul Ruiz (D-Calif.), Nydia Velazquez (D-N.Y.), G.K. Butterfield (D-N.C.), Corrine Brown (D-Fla.) and William Owens (D-N.Y.).

Rep. Chris Gibson (R-N.Y.) on Wednesday also signed on as a co-sponsor to ENDA. He’s facing a challenge next year to his congressional seat from Sean Eldridge, a gay Democratic activist who’s married to Facebook co-founder and New Republic owner Chris Hughes.

Gregory Angelo, executive director of the National Log Cabin Republicans, called Gibson’s co-sponsorship of ENDA “welcome news indeed.”

“Cynics will say that this is all politics and precipitated by Sean Eldridge’s carpetbagging candidacy, but I know that this was a decision Congressman Gibson didn’t make lightly,” Angelo said. “A great deal of contemplation and consultation with Log Cabin Republicans and others in the GOP who know support for ENDA is prevalent and growing put Congressman Gibson on the right side of history here.”

Counting these new co-sponsors and chief sponsor of ENDA gay Rep. Jared Polis (D-Colo.), the legislation has a total of 194 supporters. That’s still 24 votes shy of the 218 votes necessary to pass ENDA in the House.

Tico Almeida, president of Freedom to Work, said he agrees with Pelosi that VAWA advocates ran an impressive campaign and that method could be applied to ENDA.

“Freedom to Work and other LGBT organizations with strong Republican connections should meet with Republican House leaders to urge them to drop the Hastert Rule as they did with LGBT-inclusive VAWA and allow a vote,” Almeida said. “Our Republican Legislative Director has already started on an impressive number of Republican House meetings.”

But Almeida said a VAWA-like strategy is one of three possible approaches to passing ENDA in the House. Others, as he’s previously already articulated, include a discharge petition, as proposed by McCain-Feingold author Trevor Potter, and attaching ENDA in the Senate to a larger bill for the House to pass.

“We should try all of the above strategies in the next year before the election,” Almeida said. “It’s not a choice. We should push on multiple fronts. We can only win if we’re willing to try.”

Drew Hammill, a Pelosi spokesperson, wouldn’t rule out any option as a possibility for passing ENDA in the House despite Republican control.

ā€œAs with any measure that passes the Senate and already enjoys bipartisan support in the House, all options remain on the table,” Hammill said.

A partial transcript of the exchange between Pelosi and reporters follows:

Reporter: Madam Leader, Leader Reid in the other body mentioned in the next couple of weeks he is going to try to bring up ENDA. I know this passed in the House in 2007. I think there were 10 Republicans who are still in the House who voted for it. Why do you think there would be any chance if it moved to this body ā€“ they think they might be within striking distance of 60 next door ā€“ why would they have any ability to move it here when they can’t even pass a farm bill? Why would they be interested in trying to move ENDA in this body in this political circumstance?

Leader Pelosi: Well, I believe a lot has changed since 2007 on this subject. We have seen ā€“ as we know, in 2010, we repealed the Don’t Ask, Don’t Tell policy in the military. The Supreme Court has overturned the so-called euphemistically named Defense of Marriage Act. Thank God they overturned that and its name. And just generally, the public awareness and acceptance of ending discrimination in any way.

Some people think ENDA is ending discrimination in the workplace. Isn’t that a given in our country? Apparently not. And that’s why we have to pass the bill.

So I would hope that the public attitude, which I attribute to the community’s activism, outside mobilization, and just family awareness and respect for people to end discrimination, increases its prospects for now. And, it will be interesting to see if in the Republican Party they want to see a continuation of discrimination in the workplace for people because of their gender identity.

We had a problem with the Violence Against Women Act. They didn’t want to bring that to the floor. We made it too hot to handle in the public. It had to come to the floor. Even so, a majority of the Republicans voted against the Violence Against Women Act. But nonetheless, it came to the floor. I hope we could have a similar situation with this.

Reporter: Do you think you could use the model that was used for VAWA to make this ENDA bill ā€œtoo hot to handle,ā€ as you put it?

Pelosi: Well, I would think it would be “once burned, twice learned,” and that they would, shall we say, save some time by taking it right to our committee and to the floor. It’s really important. Our country ā€“ ending discrimination is what we are all about as Americans, and we should not have discrimination in the workplace because of gender identity.

UPDATE: This article has been updated to reflect the additional ENDA co-sponsors in the House that signed on Tuesday.

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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