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HISTORIC: Senate votes to advance trans-inclusive ENDA

By vote of 61-30, senators start debate on pro-LGBT job bias bill

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Employment Non-Discrimination Act, United States Senate, gay news, Washington Blade, ENDA, Mark Pryor, Democratic Party, Joe Manchin
Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

The U.S. Senate invoked cloture on the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

In another milestone moment in the pursuit of equal rights for LGBT Americans, the U.S. Senate voted by a narrow margin on Monday to bring to the floor the Employment Non-Discrimination Act.

By a vote of 61-30, senators invoked cloture on the legislation as Sen. Mazie Hirono (D-Hawaii) presided. The vote enables up to 30 hours of debate and amendments before a vote for final passage, which is expected Wednesday.

The 54 Democrats who voted for ENDA, whose chief sponsor is Sen. Jeff Merkley (D-Ore.), consisted of the Democrats who co-sponsored ENDA as well as Sens. Cory Booker (D-N.J.), Joe Manchin (D-W.Va.) and Mark Pryor (D-Ark.). Sen. Claire McCaskill (D-Mo.), an ENDA co-sponsor, didn’t vote.

On the Republican side, additional votes came from Sens. Kelly Ayotte (R-N.H.), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.). Other votes came from Sens. Orrin Hatch (R-Utah), who voted for the bill in committee, and Sen. Dean Heller (R-Nev.), who articulated his support earlier in the day. Sen. Lisa Murkowski (R-Alaska), who also voted for ENDA in committee, didn’t vote.

Tammy Baldwin, gay news, Washington Blade, Employment Non-Discrimination Act, United States Senate, Democratic Party, Wisconsin

Sen. Tammy Baldwin (D-Wis.) addressed reporters following the vote. (Washington Blade photo by Michael Key)

Including the Republican original co-sponsors of ENDA — Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.) — the bill had seven Republican votes. As he indicated he would, Sen. Jeff Flake (R-Ariz.) voted “no” after entering the Senate chamber following Sen. Tammy Baldwin (D-Wis.), apparently after a conversation with her.

As the vote took place, there were concerns there would be insufficient votes to invoke cloture on ENDA because of Murkowski’s absence, but Portman and Toomey, after intense conversations with colleagues, entered the Senate chamber just before the vote was called to vote “yes.”

The roll call of the vote for cloture on ENDA can be found here.

Prior to the vote, lawmakers who support the legislation spoke out in favor of the bill, touting it as a means of advancing equal opportunity and the “American Dream.”

Senate Majority Leader Harry Reid (D-Nev.) said ENDA is necessary because discriminating against gay workers is legal in 29 states and for being transgender in 33 states.

“The patchwork of state laws excludes tens of millions of Americans from basic protection against discrimination,” Reid said. “It is simply not good enough. It is [time to] pass a federal law that ensures all Americans regardless of where they live can go to work unafraid to be who they are. As long as hardworking, qualified Americans can be denied job opportunities, fired, or harassed because of their sexual orientation or gender identity, all workers are at risk.”

Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee from which the legislation originated, said passage of ENDA would say LGBT Americans “deserve the same civil rights protections as all other Americans.”

“We are here because, even though most Americans believe firing or refusing to hire someone based their sexual orientation is illegal, they are incorrect,” Harkin said. “The majority of Americans, more than 56 percent, live in states where it is perfectly legal to fire someone or to refuse to hire them because of who they are, a lesbian, gay, bisexual or transgender citizen.”

Amid concerns that the religious exemption is too broad and calls from some LGBT advocates for lawmakers to speak out against it, Harkin said the language is necessary to ensure bipartisan support.

“This is a compromise that has been hard for strong advocates of civil rights and civil liberties, including me, to accept,” Harkin said. “But it is an exemption that has helped to persuade some members of strong faith that ENDA should become law. I would point to my friend Sen. Hatch, who supported this bill in committee, as just one important example of senators who are satisfied that this exemption serves to reconcile the strictures of their faith with fundamental fairness in the workplace.”

Sen. Tammy Baldwin (D-Wis.), the only openly gay member of the Senate, said she understands some lawmakers may have political difficulties in supporting the legislation, but encouraged her colleagues to stand on the right side of history.

“I realize that for some, this is not an easy vote,” Baldwin said. “I understand that for some they may believe that it’s not good politics. But I want to say that I have a deep respect for those who choose to stand on the side of progress for our country this week. So for those that stand up this week and answer the call for courage, I can say with confidence your courage will be respected and remembered when this struggle is written.”

Sen. Mark Kirk (R-Ill.), a Republican and original co-sponsor of ENDA, spoke on the Senate floor for the first time in two years after suffering a stroke.

“I have been silent for the last two years due to a stroke a little under two years ago,” Kirk said. “I have risen to speak because I’m so passionate in enacting the ENDA statute.”

It’s the first time a version of ENDA with transgender protections has come to the floor of either chamber of Congress. In 2007, controversy ensued after gay former Rep. Barney Frank dropped the transgender provision from the bill over the concern an inclusive bill couldn’t be passed.

Mara Keisling, executive director of the National Center for Transgender Equality, said the cloture vote on ENDA is “an important step” toward ensuring workplace fairness for everyone, including transgender workers.

“Tonight’s procedural vote is an important step toward making sure our country gives every worker, including transgender workers, the same chance at having security at work and caring for the ones they love,” Keisling said. “The Employment Non-Discrimination Act does just that.”

It’s also the first time the Senate has considered ENDA since 1996, when the bill came to the floor as part of a deal to consider the Defense of Marriage Act and failed by one vote.

The cloture vote is also significant because the 60-vote threshold necessary to overcome a filibuster is higher than the simple majority needed for final passage. It means the legislation is almost certain win final approval in the Senate.

Amendments are expected in the coming days. After his “yes” vote on cloture, Portman announced he’ll introduce an amendment that would prevent retaliation against religious organizations and make changes to the introductory section that highlight and explain the importance of religious liberty.

White House Press Secretary Jay Carney praised lawmakers for voting for cloture on the legislation, saying President Obama welcomes the bipartisan support for the bill.

“He thanks the lawmakers from both sides of the aisle who have stood up for America’s core values of fairness and equality, and looks forward to the Senate’s consideration of ENDA,” Carney said. “He also encourages lawmakers to ensure that the legislation remains true to its goals as it is considered.”

LGBT advocates praised the vote on ENDA as a milestone moment in anticipation of additional debate that will take place in the days to come.

Chad Griffin, president of the Human Rights Campaign, said the cloture vote indicates the time has come for ENDA’s passage.

“Today we saw American democracy in action with the U.S. Senate finally following the will of a diverse and bipartisan collection of Americans calling for workplace fairness,” Griffin said. “With a super majority of Senators, more than 100 major American companies, and more than two-thirds of Americans all standing proudly in support of ENDA, there is tremendous momentum behind this common-sense bill. ENDA’s time has come, and we’re not going to stop fighting until it is passed once and for all.”

Tico Almeida, president of Freedom to Work, drew attention to the bipartisan support the legislation won on the Senate floor.

“The U.S. Senate has taken a historic step toward ensuring that gay and transgender Americans have the same workplace protections that give all Americans a fair shot to succeed on the job,” Almeida said. “Today’s strong bi-partisan vote total for the Employment Non-Discrimination Act reflects that majorities of Americans from both parties believe nobody should get fired or harassed just because of who they are or whom they love.”

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United Nations

UN Human Rights Council extends LGBTQ rights expert’s mandate

29 countries voted for resolution

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

The U.N. Human Rights Council on Monday extended the mandate of the United Nations’ independent LGBTQ rights expert for another three years.

The resolution passed with 29 countries (Albania, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cuba, Cyprus, the Czech Republic, the Dominican Republic, France, Georgia, Germany, Iceland, Japan, Kenya, the Marshall Islands, Mexico, the Netherlands, North Macedonia, South Korea, Romania, South Africa, Spain, Switzerland, Thailand, and Vietnam) voting for it and 15 countries (Algeria, Bangladesh, Burundi, China, Cote d’Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Indonesia, Kuwait, Malawi, Maldives, Morocco, Qatar, and Sudan) voted against it.

Benin, Ghana, and Kyrgyzstan abstained.

The U.S. in February withdrew from the Human Rights Council. The Trump-Pence administration in 2018 pulled the U.S. from it. The U.S. in 2021 regained a seat on the Human Rights Council.

Graeme Reid has been the UN’s independent LGBTQ rights expert since 2023. The South African activist, among other things, previously ran Human Rights Watch’s LGBT Rights Program.

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Maryland

Maryland’s oldest rural gay bar — and one of the last — is a log cabin in the woods

The Lodge is a Boonsboro watering hole resembling a log cabin

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Jimmy Tyner, also known as Nicole James, center wearing blue gown, poses with several drag queens after hosting an annual Christmas celebration at The Lodge in Boonsboro. (Courtesy of Jimmy Tyner)

By SAPNA BANSIL | In the woods of a conservative Western Maryland town of fewer than 4,000 people is an unlikely landmark of state LGBTQ history.

The Lodge, a Boonsboro watering hole that resembles a log cabin, is Maryland’s oldest rural gay bar — one of a few remaining in the country, according to historians.

For about four decades, the Washington County venue has offered safety, escape and community to queer people far from large, liberal cities. Starting Friday night, The Lodge will close out Pride month with one of its biggest parties of the year: a weekend of dancing, drinking and drag in celebration of Frederick Pride, held about 20 miles away in the area’s largest city.

The rest of this article the Baltimore Banner published on June 27 can be read on its website.

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South Africa

Lesbian feminist becomes South African MP

Palomina Jama was sworn in on June 17

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Palomino Jama (Social media photo)

South Africa National Assembly Speaker Thoko Didiza on June 17 swore in lesbian feminist Palomino Jama as a new MP.

Jama joins other LGBTQ legislators — including Public Works and Infrastructure Minister Dean Macpherson; Forestry, Fisheries and the Environment Minister Dion George; and Deputy Women, Youth, and Persons with Disabilities Minister, Steve Letsike.

Jama said she will work hard and excel as MP.

“What a great moment to be alive. Thank you youth of 1976, thank you Simon Nkoli, Phumi Mthetwa, Paddy Nhlaphos, Vanessa Ludwig, and others for what you did for the LGBTI people in the 80s and 90s. Lastly, for the fierce fist of the Jamas to always hit where it matters for the people of this country,” said Letsike.

Embrace Diversity Movement, a local LGBTQ organization, said Jama’s inauguration came at an appropriate time, during Pride month.

“Her swearing-in took place during a month of profound significance in June, which marks both international Pride Month and Youth Month in South Africa,” said the group. “Palomino is a seasoned queer activist and dedicated community builder with a distinguished record of leadership and service.”

“The EDM proudly supports Palomino in her deployment to parliament, her presence meaningfully advances youth and queer representation in public office,” added the Embrace Diversity Movement. “We are confident that she will serve the people of South Africa with integrity, courage, and distinction.”

South Africa is the only African country that constitutionally upholds LGBTQ rights. There are, however, still myriad challenges the LGBTQ community faces on a daily basis that range from physical attacks to online abuse.

Letsike in May faced a barrage of online attacks after she released a scathing statement against popular podcaster Macgyver “MacG” Mukwevho, who during a podcast episode in April insinuated that the reason behind popular socialite Minnie Dlamini’s “unsuccessful” relationships were probably due to the bad odor from her genitals.

Letsike, who viewed MacG’s comments as offensive, called for the podcaster to be summoned before parliament’s Portfolio Committee on Women, Youth, and Persons with Disabilities and criticized the local television station that aired the podcast.

X users and other social media subscribers bombarded Letsike with anti-lesbian comments. She, however, was unphased.

Letsike continues to face anti-lesbian comments, even though MacG apologized and the television station on which his podcast had aired cancelled its contract with him.

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