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ENDA votes needed from Reid, Baucus, Nelson

Senators, scarred from health care battle, uncommitted on bill

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U.S. Sen. Ben Nelson supports efforts to ban employment discrimination based on sexual orientation, but it’s unclear whether he supports broadening such protections to include discrimination based on gender identity. (Photo courtesy of Nelson’s office)

At least three highly influential Democratic senators who became embroiled in the contentious fight over President Obama’s health care reform bill have yet to co-sponsor for the Employment Non-Discrimination Act.

But Senate Majority Leader Harry Reid (D-Nev.) and Sens. Max Baucus (D-Mont.) and Ben Nelson (D-Neb.) — each considered battled scarred over the health care fight — have expressed general support for legislation to ban employment discrimination based on sexual orientation.

Reid and Baucus voted for an earlier version of ENDA in 1996, when it lost in a close Senate vote, prompting LGBT lobbyists to express optimism over the two senators’ votes should ENDA come before the Senate this year.

Reid and Baucus have not taken a public stand on the gender identity provision in the current version of the bill, which would ban employment discrimination against transgender people.

Reid, who received a perfect rating of 100 from the Human Rights Campaign for the period of 2008-2009, is facing a tough re-election fight, with at least two possible Republican challengers leading in polls by double digits.

Last year, his spokesperson, Jim Manning, said Reid supports ENDA and would take steps to bring it to the Senate floor at the appropriate time.

Reid, Baucus and Nelson are among 16 Senate Democrats who haven’t co-sponsored ENDA and whose support is considered crucial to the bill’s passage.

Although HRC, which is leading the formal lobbying effort for ENDA, believes there are more than 50 senators poised to vote for the measure, the group acknowledges it’s uncertain whether supporters can garner the 60 votes needed to overcome an expected filibuster intended to kill the bill.

“I believe we have 53 or more votes for the bill itself,” said David Stacy, HRC’s deputy legislative director.

Stacy noted that 63 senators voted last year to break a filibuster for a hate crimes bill that included protections for gay and transgender people, enabling the bill to pass. The bill was the first congressionally passed civil rights legislation to protect gay and transgender people.

Stacy said HRC was hopeful, but uncertain whether 60 senators could be lined up to break an ENDA filibuster.

Nelson, like Reid and Baucus, has expressed general support for non-discrimination legislation based on sexual orientation. And he, too, voted for the trans-inclusive hate crimes bill.

Unlike Reid, Baucus and Nelson are not facing a re-election fight this year, another factor that activists hope will encourage them to support ENDA.

Baucus’ Montana colleague, Sen. John Tester (D-Mont.) also has not yet become an ENDA co-sponsor. His office did not respond to calls by press time seeking his position on the bill.

Similar to Baucus, Nelson and Reid, Tester has a mixed record on LGBT rights. He has expressed opposition to gay marriage but has said he opposes a U.S. constitutional amendment to ban it. Tester voted for the hate crimes bill last year.

Meanwhile, Sen. Kay Hagan (D-N.C.), another lawmaker not currently co-sponsoring ENDA, is among the Democrats that LGBT activists are hoping will come through with another needed vote on ENDA. Like the other senators, she has expressed general support for LGBT equality but declined to sign on as an ENDA co-sponsor.

“I think she would probably vote for it,” said Hastings Wyman, editor of Southern Political Report, an authoritative newsletter about politics in the South. “She voted for health care and she has another four years before she comes up for re-election.”

The offices of Baucus, Tester, Nelson, and Hagan did not return calls seeking their current positions on ENDA.

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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