News
Carney: ENDA would make executive order ‘redundant’
LGBT advocates pounce on notion that directive unnecessary if law enacted
White House Press Secretary Jay Carney said Thursday he believes passage of the Employment Non-Discrimination Act would make “redundant” an executive order barring LGBT discrimination among federal contractors ā an assertion that advocates say is untrue as they continue to press for both legislation and the directive.
Carney made the remarks in response to a question from the Washington Blade on whether passage of ENDA ā which has already passed the Senate, but remains pending in the House ā would change the thinking of President Obama on the executive order, which he continues to withhold despite continued pressure from LGBT rights supporters.
“I think if the law passed ā and I’m not a lawyer ā and I haven’t read every sentence of the law, but I think if a law passed that broadly banned this kind of employment discrimination, it would make redundant an executive order,” Carney said.
Carney articulated his belief that an executive order would be “redundant” in the event ENDA became law after emphasizing the broad-based protections under the bill, which applies not just to federal contractors, but to many public and private employers.
“I think the employment non-discrimination legislation, the Employment Non-Discrimination Act, would broadly apply, and that’s one of the reasons why we support it,” Carney said. “Because it’s a broad solution to the problem, and it ought to be passed by Congress.”
When the Blade pointed out there are possible instances of LGBT discrimination that ENDA wouldn’t cover, but may be covered under the executive order, Carney called such potential acts of anti-LGBT job bias “hypothetical.”
“Well, that could be, hypothetically, but I think we’d like to see the legislation passed,” Carney said. “That would be a good thing.”
LGBT advocates disputed the notion that an executive order barring LGBT discrimination would be redundant if ENDA were law, saying both are necessary to enable greater legal protections for LGBT workers.
Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization is directly at odds with Carney’s assertion and blasted the White House spokesperson for being “completely out of step.”
“We couldnāt disagree more,” Sainz said. “Even if ENDA passed tomorrow, weād still want the EO. His assertion is completely out of step with over 60 years of social change strategy related to enduring legal protections for race and gender and more recently for hate crimes and non-discrimination protections on the basis of sexual orientation and gender identity. What heās asserting is the equivalent of saying that if ENDA passed tomorrow, we wouldnāt need non-discrimination laws in the majority of states that still donāt have them. Thatās absolutely not the case.”
Other categories for individuals ā race, color, religion, sex or national origin ā are protected under current law by Title VII of Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission, and by Executive Order 11246, which is enforced by the Labor Department’s Office of Federal Contract Compliance. Both were put in place under former President Lyndon Johnson.
Ian Thompson, legislative representative of the American Civil Liberties Union, said both ENDA and an executive order are needed to provide “parallel protections” for LGBT people enjoyed by other categories of workers.
“Race discrimination, for example, is prohibited under both Title VII of the 1964 Civil Rights Act and Executive Order 11246,” Thompson said. “It’s certainly our opinion and our view that the same should apply to LGBT workplace discrimination as well. Even if ENDA were to be passed and signed into law tomorrow, we would still advocate for and want the executive order, and absolutely, definitely do not see it as redundant.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, also insisted that legislation and an executive order are necessary to provide full protections to LGBT workers.
āWe need both,” Carey said. “We urge the president to use his power and act immediately with an executive order that protects millions of LGBT employees who work for federal contractors and we urge Congress to follow the lead of the Senate and pass ENDA. Rights delayed are rights denied.ā
One difference between the executive order and ENDA would be the enforcement mechanism. If ENDA were law, anti-LGBT discrimination would be still be allowed by small businesses, or companies with fewer than 15 employees, as well as by religious organizations in a broader way than other groups because of ENDA’s religious exemption. But if an executive order were in place ā and modeled after the existing executive order barring discrimination among other groups ā companies exempt under ENDA could face penalties as long as they do $10,000 a year in business with the U.S. government.
According to Freedom to Work, under ENDA, a victim must first file a complaint with the EEOC before an investigation into anti-LGBT workplace discrimination can take place. But under the executive order, the Labor Department could proactively investigate a company for such discrimination ā even if no complaint were filed. In fact, the Labor Department regularly conducts audits of federal contractors to determine if they’ve engaged in discrimination under the current directive.
Tico Almeida, president of Freedom to Work, took Carney to task, saying he’s incorrect and apparently unfamiliar with the Obama administration’s work against employment discrimination.
āWhen he calls the executive order āredundant,ā Mr. Carney is wrong on the law, and surprisingly, heās even wrong on the facts about the Obama administrationās own successful record enforcing the existing executive order banning racial and sex discrimination at federal contractors,” Almeida said. “In order to have full equality under the law, LGBT Americans need both the statute and the executive order because they have distinct enforcement procedures, and more discrimination can be prevented when both policies work in tandem.”
Almeida added that Carney should consult with “dedicated public servants” at the Labor Department, which, among other victories, under Executive Order 11246 recently won a $2.2 million settlement with federal contractor Cargill in a set of hiring discrimination cases on behalf of nearly 3,000 African-American, Latino and female job applicants ā even with a law barring this discrimination in place.
“LGBT Americans deserve these same workplace protections that the Obama Labor Department has been enforcing for other hardworking Americans,” Almeida said. “There’s no good reason to leave only the LGBT community out of the workplace protections that have been applied by the Labor Department to everyone else.ā
Also during the briefing, Carney responded to an email from Democratic National Committee Treasurer Andrew Tobias in which he told LGBT donors on an off-the-record listserv the executive order should be signed and its absence is “frustrating and perplexing.”
“I think that there are lot of strongly held views on these matters,” Carney replied. “The president believes very strongly in employment non-discrimination. That’s why he has urged Congress to act on the ENDA legislation. We’ve seen some progress on that. It needs to be completed. Those who oppose it are standing in the way of history and they’ll look foolish in the future as future generations look back at that stance and recognize it for what it is. I just don’t have any updates for you on the EO that you mentioned.”
Michigan
Mich. Democrats spar over LGBTQ-inclusive hate crimes law
Lawmakers disagree on just what kind of statute to pass
Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the stateās Democratic lawmakers disagree on just what kind of law they should pass.
Currently, Michiganās Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their ārace, color, religion, gender, or national origin.ā Bills proposed by Democratic lawmakers expand the list to include āactual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.ā
Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.
Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500.
But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.
Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, āintentionally or unintentionallyā is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.
That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.
Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime.
Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.
Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.
The attorney generalās office sent a statement to the Blade supporting stronger hate crime legislation.
āAs a career prosecutor, [Nessel] has seen firsthand how the stateās weak Ethnic Intimidation Act (not updated since the late 1980ās) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias. It is our hope that the legislature will pass robust, much-needed updates to this statute,ā the statement says.
But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.
āTwo years is nothing ā¦ Why not just give them a parking ticket?ā Nessel told Bridge Michigan.
Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.
āYou have this confluence of forces on the far right ā¦ this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,ā Nessel said. āBut then you also have the far left that argues basically no one should go to jail or prison for any offense ever.ā
The legislature did manage to pass an āinstitutional desecrationā law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.
According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available.
Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for āsexual orientationā but not āgender identity.ā
Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples.
A bill to ban the āgay panicā defense has passed the state house and was due for a Senate committee hearing on Wednesday.
District of Columbia
Reenactment of first gay rights picket at White House draws interest of tourists
LGBTQ activists carry signs from historic 1965 protest
About 30 LGBTQ activists formed a circular picket line in front of the White House Wednesday afternoon, April 17, carrying signs calling for an end to discrimination against āhomosexualsā in a reenactment of the first gay rights protest at the White House that took place 59 years earlier on April 17, 1965.
Crowds of tourists looked on with interest as the activists walked back and forth in silence in front of the White House fence on Pennsylvania Avenue. Like the 1965 event, several of the men were dressed in suits and ties and the women in dresses in keeping with a 1960s era dress code policy for protests of the Mattachine Society of Washington, D.C., the cityās first gay rights group that organized the 1965 event.
Wednesdayās reenactment was organized by D.C.ās Rainbow History Project, which made it clear that the event was not intended as a protest against President Joe Biden and his administration, which the group praised as a strong supporter of LGBTQ rights.
āI think this was an amazing event,ā said Vincent Slatt, the Rainbow History Project official who led efforts to put on the event. āWe had twice as many that we had hoped for that came today,ā he said.
“It was so great to see a reenactment and so great to see how far we’ve come,” Slatt said. “And also, the acknowledgement of what else we still need to do.”
Slatt said participants in the event who were not carrying picket signs handed out literature explaining the purpose of the event.
A flier handed out by participants noted that among the demands of the protesters at the 1965 event were to end the ban on homosexuals from working in the federal government, an end to the ban on gays serving in the military, an end to the denial of security clearances for gays, and an end of the government’s refusal to meet with the LGBTQ community.
āThe other thing that I think is really, really moving is some of the gay staff inside the White House found out this was happening and came out to greet us,ā Slatt said. He noted that this highlighted how much has changed since 1965, when then President Lyndon Johnsonās White House refused to respond to a letter sent to Johnson from the Mattachine Society explaining its grievances.
āSo now to have gay people in the White House coming out to give us their respects and to say hello was especially meaningful to us,ā Slatt said. āThat was not expected today.ā
Among those walking the picket line was longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler said he proudly carried a newly printed version of the sign at Wednesdayās reenactment event that he carried during the 1965 protest. It stated, āFifteen Million Homosexuals Protest Federal Treatment.ā
Also participating in the event was Japer Bowles, director of D.C. Mayor Muriel Bowserās Office of LGBTQ Affairs. Bowles presented Slatt with a proclamation issued by Bowser declaring April 17, 2024, Mattachine Society Day in Washington, D.C.
āWhereas, on April 17, 1965, the Mattachine Society of Washington courageously held the nationās inaugural picket for gay rights, a seminal moment in the ongoing struggle for LGBTQIA+ equality in the United States, marking the genesis of public demonstrations advocating for those rights and paving the way for Pride Marches and Pride celebrations worldwide,ā the proclamation states.
About 30 minutes after the reenactment event began, uniformed Secret Service agents informed Slatt that due to a security issue the picketers would have to move off the sidewalk in front of the White House and resume the picketing across the street on the sidewalk in front of Lafayette Park. When asked by the Washington Blade what the security issue was about, one of the Secret Service officers said he did not have any further details other than that his superiors informed him that the White House sidewalk would have to be temporarily cleared of all people.
Participants in the event quickly resumed their picket line on the sidewalk in front of Lafayette Park for another 30 minutes or so in keeping with the 1965 picketing event, which lasted for one hour, from 4:20 p.m. to 5:20 p.m., according to Rainbow History Projectās research into the 1965 event.
Although the LGBTQ picketers continued their procession in silence, a separate protest in Lafayette Park a short distance from the LGBTQ picketers included speakers shouting through amplified speakers. The protest was against the government of Saudi Arabia and organized by a Muslim group called Al Baqee Organization.
A statement released by the Rainbow History Project says the reenactment event, among other things, was a tribute to D.C.-area lesbian rights advocate Lilli Vincenz, who participated in the 1965 White House picketing, and D.C. gay rights pioneer Frank Kameny, who founded the Mattachine Society of Washington in the early 1960s and was the lead organizer of the 1965 White House protest. Kameny died in 2011 and Vincenz died in 2023.
The picket signs carried by participants in the reenactment event, which were reproduced from the 1965 event, had these messages:
ā¢ āDISCRIMINATION Against Homosexuals is as immoral as Discrimination Against Negroes and Jews;ā
ā¢ āGovernment Should Combat Prejudice NOT PROMOTE ITā
ā¢ āWhite House Refuses Replies to Our Letters, AFRAID OF US?
ā¢ āHOMOSEXUALS Died for their Country, Tooā
ā¢ āFirst Class Citizenship for HOMOSEXUALSā
ā¢Ā āSexual Preference is Irrelevant to Employmentā
ā¢Ā āFifteen Million U.S. Homosexuals Protest Federal Treatmentā
District of Columbia
Organizers announce details for D.C. Black Pride 2024
Most events to take place Memorial Day weekend at Westin Downtown
The Center for Black Equity, the organizer of D.C. Black Pride, the nationās first and one of the largest annual African-American LGBTQ Pride celebrations, announced this yearās event will take place Memorial Day Weekend from May 24-27.
The announcement, released April 16, says that most 2024 D.C. Black Pride events will take place at the Westin Washington, D.C. Downtown Hotel at 999 9th St, N.W.
āWith the theme Black Pride Forever, the event promises a weekend filled with vibrant celebrations, empowering workshops, and a deep exploration of Black LGBTQIA+ history and culture,ā the announcement says.
It says events will include as in past years a āRainbow Rowā vendor expo at the hotel featuring āorganizations and vendors created for and by the LGBTQIA+ communityā offering products and services āthat celebrate Black excellence.ā
According to the announcement, other events include a Health and Wellness Festival that will offer workshops, demonstrations, and activities focused on āholistic well-being;ā a Mary Bowman Poetry Slam āshowcasing the power and beauty of spoken word by Black LGBTQIA+ artists;ā the Black Pride Through the Decades Party, that will celebrate the ārich history of the Black LGBTQIA+ movement;ā and an Empowerment Through Knowledge series of workshops that ādelve into various topics relevant to the Black LGBTQIA+ community.ā
Also, as in past years, this yearās D.C. Black Pride will feature its āOpening Night Extravaganzaā reception and party that will include entertainment and live performances.
The announcement notes that D.C.ās annual Black Pride celebration, started in 1991 as a one-day outdoor event at Howard Universityās Banneker Field, has inspired annual Black LGBTQ Pride events across the United States and in Canada, United Kingdom, Brazil, Africa, and the Caribbean. More than 300,000 people attend Black LGBTQ Pride events each year worldwide, the announcement says.
Full details, including the official schedule of events, can be accessed at dcblackpride.org.
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