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Equality Act set for reintroduction on Tuesday

Comprehensive LGBT bill would amend Civil Rights Act

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Equality Act, gay news, Washington Blade
Equality Act, gay news, Washington Blade

Sen. Tammy Baldwin (D-Wis.) speaks at the press conference introducing the Equality Act on July 23, 2015 in the LBJ Room of the U.S. Senate. (Blade photo by Michael Key)

Comprehensive legislation seeking to ban discrimination against LGBT people in all areas of civil rights law is set for reintroduction in Congress on Tuesday, according to two Capitol Hill sources familiar with the legislation.

Rep. David Cicilline (D-R.I.) and Sen. Jeff Merkley (D-Ore.) are set to reintroduce the Equality Act in their respective chambers of Congress on Tuesday at 11 am in the Rayburn Room of the U.S. Capitol, the sources said.

First introduced in the previous Congress, the legislation isn’t expected to change from its previous iteration. The bill had sought to amend the Civil Rights Act of 1964 and the Fair Housing Act to bar anti-LGBT discrimination in employment, housing, public accommodations, jury service, credit, education and federal programs.

The bill also sought to update federal law to include gender in the list of protected classes in public accommodations. Moreover, the Equality Act had to sought to expand the definition of public accommodations to include retail stores, banks, transportation services and health care services.

David Stacy, director of government affairs for the Human Rights Campaign, said the Equality Act is a necessary tool to combat anti-LGBT discrimination.

“LGBTQ people face unfair and unjust discrimination just because of who they are, with few explicit legal protections in place,” Stacy said. “As lawmakers in states around the country target LGBTQ people for discrimination, it is even more critical that Congress pass a clear federal law to ensure LGBTQ people are fully protected by our nation’s civil rights laws.”

It remains to be seen which lawmakers will co-sponsor the legislation. In the previous Congress, only members of the Democratic caucuses were co-sponsors upon introduction. Although former Rep. Robert Dold and Rep. Ileana Ros-Lehtinen (R-Fla.) joined as co-sponsors in the House and former Sen. Mark Kirk joined as a co-sponsor in the Senate, only Ros-Lehtinen remains in Congress after last year’s election (the other two Republicans lost their races).

For the Senate version of the bill this time around, a Senate aide said no Republican co-sponsors are expected upon introduction of the Equality Act.

The legislation will almost certainly not move after introduction in the Republican-controlled Congress under the Trump administration. Although President Obama came to support the legislation in the previous Congress, it sought no movement other than at one least unsuccessful attempt from Rep. Jared Polis (D-Colo.) to amend the bill to other legislation.

The bill is seen as a counterweight to the First Amendment Defense Act, federal legislation seen to enable anti-LGBT discrimination in the name of “religious freedom.” Rep. Raul Labrador (R-Idaho) and Mike Lee (R-Utah) have said they reintroduce the legislation, but haven’t yet done so in this Congress.

President Trump is unlikely to support the legislation given anti-LGBT actions from the administration, such as reversal of Obama-era guidance protecting transgender kids from discrimination in school and ensuring they have access to school restroom consistent with gender identity. The administration justified that move by saying the issue belongs to the states, not the federal government.

However, 17 years ago, Trump said in an interview with The Advocate he likes the idea of amending the Civil Rights Act of 1964 to include sexual orientation, which is a core component of the Equality Act. Trump hasn’t explicitly addressed whether that remains his position during his presidential campaign or since the time has occupied the White House.

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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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