National
Will Obama’s jobs speech be LGBT-inclusive?
Legalized discrimination persists, ENDA frozen
President Obama (photo courtesy whitehouse.gov)
With the nation awaiting President Obama’s jobs speech later this week, some advocates are hoping for a mention of employment protections for LGBT workers.
Justin Tanis, spokesperson for the San Francisco-based Out & Equal Workplace Advocates, said the Thursday speech before a joint session of Congress is “absolutely” an opportunity for Obama to address the absence of federal protections for LGBT workers.
“I think any serious plan to get Americans back to work has to look at the forces that are keeping Americans from working — and it’s clear that homophobia and transphobia are still very present in the lives of LGBT people,” Tanis said. “As long as our country fails to address those, discrimination is going to continue.”
While some states have laws that prohibit employers from discriminating against LGBT workers, in many places these protections are non-existent. Firing a person based on sexual orientation is legal in 29 states, while firing someone based on gender identity is legal in 35 states.
Federal legislation that would prohibit discrimination against LGBT people in most situations in the public and private workforce is known as the Employment Non-Discrimination Act. The bill is sponsored by gay Rep. Barney Frank (D-Mass.) and Sen. Jeff Merkley (D-Ore.).
Tanis said Obama should express “vigorous support” for the enactment of employment protections such as ENDA in Congress during his much-anticipated jobs speech.
“It’s clear there needs to be a long-term plan for addressing anti-LGBT discrimination in the workplace whether it takes the form of ENDA or other measures,” Tanis said.
Whether President Obama will spend political capital to address the lack of non-discrimination protections for LGBT workers remains to be seen. A White House spokesperson declined to comment on whether the speech would be LGBT-inclusive.
Last week, the monthly jobs report from the Labor Department revealed that the unemployment rate remains fixed at 9.1 percent and a net of zero job growth took place in August.
White House Press Secretary Jay Carney said last week the proposals Obama will unveil on Thursday would “absolutely” change these numbers into something more positive.
“The president will come forward with specific proposals that by any objective measure would add to growth and job creation in the short term,” Carney said. “And that will be part of a broad package that reflects his commitment to grow the economy now and to build a foundation for economic growth for the future to ensure that we win the future.”
Some LGBT advocates are skeptical that these proposed policy changes would be inclusive of ENDA or, more generally, the lack of federal job protections for LGBT workers.
Richard Socarides, president of Equality Matters, said he thinks the incorporation of LGBT job protections as part of these measures would be “highly unrealistic.”
“I don’t think they will see the connection,” Socarides said. “To be candid, I don’t think it’s a particularly good strategic opportunity. I think that all Americans — including LGBT Americans — want to see the economy improve and for the administration’s policies to create jobs.”
Mara Keisling, executive director of the National Center for Transgender Equality, said she doesn’t know enough about the president’s speech to say whether Obama should address the lack of federal job protections for LGBT Americans.
“I would bet he’s not likely to, and I don’t know enough about the speech to know if he should,” Keisling said. “If it’s a speech just about rebuilding infrastructure, it probably isn’t all that appropriate. If it’s an overall getting people working thing, it may be appropriate.”
Keisling said the most important part of the speech — even for LGBT people — is “there’ll be jobs for us to have because the economy is really, really hurting.”
Still, the jobs speech could be an opportunity for Obama to unveil an administrative action he could take on his own to prevent some LGBT Americans from experiencing discrimination in the workplace.
With Congress unlikely to act on ENDA as long as Republicans remain in control of the House, some LGBT advocates have called for an executive order barring the federal government from contracting with companies that don’t have their own non-discrimination protections based on sexual orientation and gender identity.
Carney last week said the proposals Obama would unveil on Thursday would be both legislative and administrative. An executive order barring LGBT job bias among federal contractors could fall into this latter category.
But Carney emphasized that regulatory changes — as opposed to an executive order — would be the administrative means by which the president would address the job situation.
“He can also do things, as he has in the past, administratively that can help the economy grow, that can … relieve businesses from burdensome regulations; other measures he can take administratively that don’t require legislative action, he will continue to do that as well,” Carney said.
Socarides said Obama could unveil an executive order barring LGBT job bias among federal contractors at any time even without the jobs speech as a backdrop,
“Any day and everyday is a good day to do that,” Socarides said. “You don’t need a special day or a special day or a special speech. I would be surprised if they were considering it in the context of a jobs creation speech, but it is important.”
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Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
Comings & Goings
Kansas passes bathroom bounty hunter bill
ACLU sues Kansas over law invalidating trans residents’ IDs
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Spring into sold
New book profiles LGBTQ Ukrainians, documents war experiences
PHOTOS: Queen of Hearts
Two very different views of the State of the Union
Va. activists preparing campaign in support of repealing marriage amendment
