National
Dem senators from Dakotas, Virginias leaning ‘yes’ on ENDA
Frank says supporters must now ‘do the lobbying’
A gay lawmaker in Virginia said he has ‘every confidence’ that U.S. Sen. Mark Warner ‘will do the right thing and support’ the Employment Non-Discrimination Act. (Photo courtesy Warner’s office)
All but one of the Democratic senators from North Dakota, South Dakota, Virginia and West Virginia who are uncommitted on the Employment Non-Discrimination Act appear to be leaning toward voting for the bill, according to LGBT activists.
The six Democratic senators from the four states are among 16 uncommitted Senate Democrats that LGBT lobbyists say will play a pivotal role in determining whether ENDA will be enacted into law this year.
“I’m fairly confident our senators will vote for it,” said Joshua Boschee, a member of the North Dakota Human Rights Coalition, which advocates on behalf of gay and non-gay issues.
Boschee was referring to North Dakota Sens. Kent Conrad and Byron Dorgan, who are both Democrats. The two, along with Sens. Tim Johnson (D-S.D.), Mark Warner (D-Va.) and John Rockefeller (D-W.Va.) are said to be good candidates to vote for ENDA.
Activists from West Virginia, however, are less certain about Sen. Robert Byrd (D-W.Va.), who has declined to say how he will vote on the bill.
If passed, ENDA would ban job discrimination based on sexual orientation and gender identity in most employment situations. It does not apply to businesses with fewer than 15 employees, religious organizations and the military.
The Human Rights Campaign, which is coordinating formal lobbying efforts for the bill, has said at least 53 senators were expected to vote for ENDA. But the group’s deputy legislative director, David Stacey, said it’s uncertain whether 60 senators can be lined up to defeat a filibuster, which Republican opponents were expected invoke to kill the bill.
As of two weeks ago, HRC and ENDA supporters in the House of Representatives predicted the bill would reach the House floor this spring. But last week, gay U.S. Rep. Jared Polis (D-Colo.), a strong ENDA supporter, told LGBT activists he was uncertain when the bill would come up for a House vote.
Polis made his comments to protesters with the group GetEqual, who on April 15 interrupted a hearing held by the House Committee on Education & Labor, which has jurisdiction over ENDA.
The protesters boisterously called on Rep. George Miller, the committee’s chair, to hold an “immediate” committee vote to send ENDA to the House floor. Polis, a member of the committee, motioned for the protesters to follow him outside the hearing room, where he said he would talk to them about ENDA.
According to Polis, whose remarks were recorded on GetEqual cameras, ENDA supporters in the House want to ensure there are enough votes to kill any Republican-sponsored motion to recommit ENDA to committee. The video’s audio quality of the video is poor, and not all of Polis’s remarks to the protesters could be heard.
“The congressman was saying that [House Democratic] leadership needs to make sure they have the votes lined up to fight off any motion to recommit, not that they don’t have the votes to pass the bill,” said Lara Cottingham, Polis’s press spokesperson. “He is confident that we will get to a floor vote, but wants to make sure it is done in the right way.”
One possible motion to recommit the bill to committee could force the House to hold a recorded up-or-down vote on whether the transgender provision should stay in the bill, a vote that some House members fear could hurt them at the polls in the upcoming congressional elections, according to some Capitol Hill observers.
Gay Rep. Barney Frank (D-Mass.), ENDA’s lead sponsor in the House, told the Washington Blade this week that he remains optimistic about the bill’s overall prospects in the House. But he repeated concerns he raised earlier in the month that not enough people in the LGBT community are being aggressive enough in lobbying their representatives to vote for the bill.
He said too many people in the gay community “want to play prognosticator and not do the lobbying.”
“We are in a fight,” Frank said. “The [House] leadership is committed. We have a large number of votes. What we need are people to call their representatives and tell them to vote for this and then call their senators.”
He said the decision by protesters to disrupt Miller’s committee hearing “was about as unhelpful as could be,” and described the protesters as “people with Tea Party envy.”
Robin McGehee, co-chair of GetEqual, said Miller and other House Democratic leaders keep postponing the projected date for a committee markup on ENDA, which is required before it can reach the House floor for a vote.
“We get a different story from them every week,” she said. “We’re trying everything. We’ve lobbied, we’ve written letters, we’ve made phone calls and now we’re going to start using direct action. The reality is Miller is not taking action as it is, so the only alternative we have is to take action against him.”
Frank said two weeks ago that he favors holding a House vote on ENDA even if it’s uncertain the bill would pass or supporters could beat back a harmful motion to recommit. He noted that it’s important for the LGBT community to have such a vote.
But an aide to the House Democratic leadership, who spoke on condition of anonymity, said this week that an ENDA vote would not be held if there aren’t enough votes to pass it.
“We’re not going to bring it up if it will fail,” said the aide. “That would be harmful to the bill’s prospects in the future.”
But Mara Keisling, executive director of the National Center for Transgender Equality and an active lobbyist for ENDA, said she agrees with Frank that a House vote on ENDA should be held regardless of whether its passage is absolutely certain.
“We are so close, and we’re certainly over the top on the overall bill,” she said. “Whatever bill goes to the House floor will pass. So it’s a question of how close we are to assurances on hypothetical motions to recommit.
“All of them at this point are entirely hypothetical. And there’s no way to be absolutely positive because the motion to recommit could be something we didn’t anticipate,” Keisling said. “It could be something that is not a big deal to us.”
Keisling noted, however, that if there is an attempt to delete the transgender provision from the bill, she’s optimistic that the bill’s supporters will have the votes to defeat such a motion.
She said that for other bills, Democratic leaders have sometimes pulled the bill off the House floor if it appears they don’t have the votes to kill a damaging motion to recommit and that the motion to recommit is deemed unacceptable. She noted that would happen in the unlikely development that ENDA supporters don’t have the votes to defeat a motion to recommit that’s deemed unacceptable.
Amid the House uncertainty, activists are increasingly hopeful for the bill’s prospects in the Senate.
Boschee of North Dakota noted that the North Dakota Senate recently passed a state version of ENDA that includes a transgender protection provision. Although the state’s House of Representatives defeated the bill, Boschee said its approval in the state Senate has generated new energy among LGBT advocates in the state, prompting greater support for the version of ENDA pending in Congress.
“We are asking state senators who voted for the state bill to lobby our congressional delegation” on ENDA, Boschee said.
And Karen Mudd, an official with Equality South Dakota, a statewide LGBT advocacy group, said the group is optimistic that Johnson will vote for ENDA, even though he’s declined to sign on as a co-sponsor of the bill.
“Sen. Johnson’s staff has been very receptive to our requests that he support ENDA,” Mudd said. “He has a policy in his Senate office of non-discrimination based on sexual orientation. We’re asking him to expand that to include gender identity.”
In Virginia, Sen. Jim Webb, a Democrat, signed on as an ENDA co-sponsor earlier this year. Warner, his Democratic colleague in the Senate, has so far declined to co-sponsor the bill. But LGBT activists say Warner has expressed general support for a federal non-discrimination bill covering gays, and they are hopeful that Warner will vote for a trans-inclusive ENDA this year.
“I’ve known Sen. Warner for a dozen years,” said Jay Fissette, the openly gay chair of the Arlington County Board. “I have every confidence that he will do the right thing and support ENDA.”
Stephen Skinner, president of the board for the state LGBT group Fairness West Virginia, said his group has been actively lobbying Byrd and Rockefeller on ENDA.
“I am very hopeful that Sen. Rockefeller will vote for it and will soon become a co-sponsor,” said Skinner. “I’m also hopeful that Sen. Byrd will do the right thing on ENDA.”
Skinner said that few West Virginians following the issue expect Byrd to disclose his plans until an ENDA vote occurs on the Senate floor, where he has served for an unprecedented 51 years. Byrd, 92, has served in the Senate and in Congress longer than anyone in U.S. history.
Some Capitol Hill observers think his long record of leaning toward conservative views on social issues might prompt him to vote against the bill or to abstain from voting on ENDA. He was absent from the vote last year on a hate crimes bill that included protections for gay and transgender people.
But one source familiar with Byrd, who spoke on condition of not being identified, speculated that Byrd might vote to defeat an ENDA filibuster, even if he votes against the bill itself. A vote against a filibuster would, in effect, be a vote for the bill since ENDA supporters believe they have more than the 50 votes needed to pass the bill in an up-or-down vote.
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administration last Friday released final regulations
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.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
The White House
White House debuts action plan targeting pollutants in drinking water
Same-sex couples face higher risk from environmental hazards
Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.
The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.
In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”
“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”
Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.
“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”
The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.
An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.
During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.
New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.
The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”
“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.
With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.
Calendar: April 26-May 2
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