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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 – 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.

“As 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 – they think they might be within striking distance of 60 next door – 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 – 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 “too hot to handle,” 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 – 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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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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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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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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