National
Trans advocate testifies before Senate on ENDA
‘I still sit here today with almost tears in my eyes’
The Senate heard for the first time ever testimony from a transgender witness in a hearing dedicated to highlighting workplace discrimination experienced by LGBT people.
Kylar Broadus, founder of the Columbia, Mo.-based Trans People of Color Coalition, discussed job discrimination he faced as a transgender man before the Senate Health, Education, Labor & Pensions Committee on Tuesday as he called for passage of the Employment Non-Discrimination Act.
In the early 1990s, Broadus worked for a major financial institution, although he didn’t disclose its name during the hearing. After announcing in 1995 he would undergo gender transitioning, Broadus said he was forced out of his role.
“At work, when I decided to actually transition, I had been there for a number of years, and I’m a workaholic, and it was disheartening to me that all this could be pulled out from under me because people weren’t comfortable with the person that I am,” Broadus said.
His written testimony details receiving harassing phone calls, receiving assignments after hours that were due early the next morning and being forbidden from talking to certain people.
“I still sit here today with almost tears in my eyes,” Broadus said. “It’s devastating, it’s demoralizing and dehumanizing to be put in that position.”
Broadus said his treatment at work and being forced out impacted him emotionally, causing him post-traumatic stress disorder, and led to a period of unemployment for about a year from which he still hasn’t financially recovered.
Noting other transgender workers who face discrimination and lose their jobs are unable to regain employment, Broadus called on Congress to pass ENDA to put into place workplace non-discrimination protections.
“I think it’s extremely important that this bill be passed to protect workers like me,” Broadus said. “There are many cases that I hear everyday, and people call me everyday with these cases around the country because I’m also an attorney that practices and deals with people that suffer employment discrimination.”
Chairman Tom Harkin (D-Iowa) confirmed during the hearing that Broadus was the first openly transgender person to testify before the Senate and commended him for his courage in speaking before the committee, saying he’s going toĀ “give courage to a lot of other people.”
ENDA, sponsored by Rep. Barney Frank (D-Mass.) in the House and Jeff Merkley in the Senate (D-Ore.), would bar job bias against LGBT people in most situations in the public and private workforce. Firing someone for being gay is legal is 29 states; firing someone for being transgender is legal in 34 states.
Others who testified in favor of ENDA were M.V. Lee Badgett, research director of the Williams Institute at the University of California, Los Angeles; Samuel Bagenstos, a law professor at the University of Michigan; and Ken Charles, vice president of diversity and inclusion at the breakfast foods company General Mills.
The Republican witness who testified against ENDA was Craig Parshall, senior vice president and general counsel for the Manassas, Va.-based National Religious Broadcasters Association. Parshall previously testified against ENDA before the Senate in 2009.
Harkin called ENDA “important civil rights legislation” that would build off strides already made against workplace discrimination in the past 45 years.
“Many states and businesses are already leading the way toward ensuring full equality for all our fellow citizens,” Harkin said. “However, the harsh reality is that employers in most states can still fire, refuse to hire, or otherwise discriminate against individuals because of their sexual orientation or gender identity ā and, shockingly, they can do so within the law.”
Merkley expressed the need for passing ENDA, saying without it on the books, LGBT workers would continue to face workplace discrimination.
“Let us not lose sight that each and every day, American citizens are discriminated against in their employment or their potential employment in ways that have a profound impact on their opportunity fully live their lives, to fully contribute, to fully pursue happiness, to be all that they can be, all that they are ā which is a benefit to them and a benefit to our nation,” Merkley said. “This discrimination is absolutely wrong. It is morally wrong and we must end it.”
The hearing takes places after the White House announced in April it won’t issue at this time an executive order requiring federal contractors to have their own non-discrimination policies based on sexual orientation and gender identity. The directive didn’t come up during the hearing.
No Republican committee members attended the hearing. The only GOP co-sponsor who serves on the committee is Sen. Mark Kirk (R-Ill.). He’s been recovering from a stroke he suffered in late January. A minority committee spokesperson didn’t immediate respond to a request to comment on why all Republican committee members were absent.
Democrats who attended the hearing in addition to Harkin and Merkley were Sens. Patty Murray (D-Wash.), Al Franken (D-Minn.) and, briefly, Michael Bennet (D-Colo.).
LGBT advocates commended Harkin for bringing more attention to the lack of federal non-discrimination protections for LGBT people by holding an ENDA hearing.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said ENDA reflects core American values of “giving everyone a fair shake and allowing them to fully and freely contribute their skills and talents” in the workforce.
“Many people think these protections already exist, but that’s not the case,” Carey said. “There is no clear federal law, and there are no such laws in over half the states. This jeopardizes our ability to have or keep employment, housing and feed our families. ENDA will level the playing field once and for all.”
LGBT advocates have been calling on the committee to markup the legislation to send it to the Senate floor. All 12 Democrats on the panel ā in addition to Sen. Mark Kirk (R-Ill.) ā are co-sponsors of the bill, so it should have no problem getting out of committee.
Murray was explicit in calling for a markup of the bill during her committee remarks, saying she wants to see ENDA pass out of committee “expeditiously.” In response, Harkin said, “I hope so.”
But speaking with the Washington Blade after the hearing, Harkin was more hesitant about the idea of holding a markup, saying, “I’m going to poll my committee and see. Right now, I’m kind of up to here in getting [Food & Drug Administration] bill through, as you know. Ā We got it through the Senate; we’ve got to work with the House on that trying to get that put to bed, and then I’m going to poll the committee and see what we want to do.”
Another organization is taking the call to advance ENDA a step further. On the same day of the hearing, Tico Almeida, president of Freedom to Work, sent a letter to Senate Majority Leader Harry Reid (D-Nev.), calling on him to schedule a floor vote on the legislation.
“[W]e respectfully urge you to bring ENDA to a vote on the floor of the U.S. Senate this summer so that LGBT Americans do not have to wait any longer to know which of their Senators support their freedom to work without harassment or discrimination on the job, and which Senators still find it acceptable for Americans to be unjustly fired simply because of whom they love or their gender identity,” Almeida writes.
Reid’s office didn’t respond to a request to comment on the letter. The writing cites the Washington Blade’s questioning of White House Press Secretary Robert Gibbs in January 2011 in which the spokesperson acknowledged that “thereās no doubt that whenever you get something done in one [chamber], youāre closer to certainly seeing it come to fruition.”
Harkin told the Blade he’d like to see a floor vote on ENDA, although he acknowledged he doesn’t control the schedule for the Senate.
“I wish we could have a floor vote, yes,” Harkin said. “I would like to see a floor vote on this because I think it’s something the American people ought to where we stand on this issue. This is not an issue that bothers me. As I said, it’s not difficult for me. It might be difficult for some people; it’s not difficult for me.”
The most significant point of contention during the hearing between supporters of ENDA and Parshall, who alone expressed opposition to the legislation. Section 6 of ENDA, titled “Exemption for religious organizations,” says the bill won’t apply to institutions that are exempt from the religious discrimination provisions of Title VII of Civil Rights Act of 1964.
Parshall targeted the religious exemption as his reasons for his opposition to the legislation, saying ENDA “would impose a substantial unconstitutional burden on religious organizations” and “interfere with their ability to effectively pursue their missions.”
“It creates huge problems for future courts to iron out which organizations and under what conditions would be exempted, and which ones would not. I think that kind of uncertainty, obviously, raises constitutional problems,” Parshall said.
Bagenstos took Parshall’s objections to ENDA head on during the later question-and-answer portion of the hearing, saying Parshall’s assertions are without merit because the legislation clearly states which religious organizations are exempt from ENDA.
“Like any legal tests, there are sometimes cases at the edges, but employers have over 40 years of case law to enable them to understand what is covered and what is not covered here,”Ā Bagenstos said. “There is no particular reason to believe that under ENDA, there would be any difficulty in understanding what the scope of the application of that exemption would be.”
But social conservatives aren’t the only ones unhappy with ENDA’s religious exemption. The American Civil Liberties Union says the exemption is too broad and should be narrowed to be more similar to Title VII of the Civil Rights Act of 1964.
Ian Thompson, the ACLU’s legislative representative, saidĀ the current exemption “would provide a license for a religious organization to discriminate” against LGBT people forĀ anyĀ reason and not just based on the organizationās religious teachings.
“We believe that the existing Title VII exemption ā which allows religious organizations the ability to restrict their hiring based on religion, but not to engage in race, sex, or national origin discrimination, for example, offers sufficient protection to religious organizations,” Thompson said. “As we argue, there is no reason to adopt a different exemption for LGBT discrimination by those organizations.”
Thompson also called for the elimination of Section 8(c) of ENDA, which he saidĀ would allow employers in states where same-sex couples can legally marry to treat married gay and lesbian employees as unmarried for purposes of employee benefits.
“As more states continue to move in the direction of extending the freedom to marry to gay and lesbian couples and the ongoing legal challenges to DOMA work their way through the judicial process, Congress should not, in our view, pass legislation that expands the reach of a discriminatory and unconstitutional law,” Thompson said.
The committee didn’t immediately respond to a request to comment on the proposed changes, but Merkley expressed awareness of the proposed change during the hearing.
No Obama administration official testified at the hearing. A White House official had earlier said the administration wasn’t invited to testify, and committee spokesperson Justine Sessions said the panel had already heard from the administration in testimony from earlier hearings.
National
Thousands expected to participate in Gender Liberation March in D.C.
Participants will protest outside US Supreme Court, Heritage Foundation on Saturday
Thousands of people are expected to protest outside of the U.S. Supreme Court and the Heritage Foundation headquarters on Saturday as part of the first Gender Liberation March.
The march will unite abortion rights, transgender, LGBTQ, and feminist advocates to demand bodily autonomy and self-determination.
The Gender Liberation March follows the National Trans Liberation March that took place in D.C. in late August, and is organized by a collective of gender justice based groups that includes the organizers behind the Womenās Marches and the Brooklyn Liberation Marches. One of the core organizers, writer and activist Raquel Willis, explained the march will highlight assaults on abortion access and gender-affirming care by the Republican Party and right-wing groups as broader attacks on freedoms.
āThe aim for us was really to bring together the energies of the fight for abortion access, IVF access, and reproductive justice with the fight for gender-affirming care, and this larger kind of queer and trans liberation,ā Willis said. āAll of our liberation is bound up in each otherās. And so if you think that the attacks on trans people’s access to health care don’t include you, you are grossly mistaken. We all deserve to make decisions about our bodies and our destinies.ā
The march targets the Heritage Foundation, the far-right think tank behind Project 2025, a blueprint to overhaul the federal government and attack trans and abortion rights under a potential second Trump administration. Protesters will also march on the Supreme Court, which is set to hear U.S. v. Skrmetti, a case with wide-reaching implications for medical treatment of trans youth, in October.
āThis Supreme Court case could set precedent to further erode the rights around accessing this life-saving medical care. And we know that there are ramifications of this case that could also go beyond young people, and that’s exactly what the right wing apparatus that are pushing these bans want,ā Eliel Cruz, another core organizer, said.
According to the Human Rights Campaign, 70 anti-LGBTQ laws have been enacted this year so far, of which 15 ban gender-affirming care for trans youth.
The march will kick off at noon with an opening ceremony at Columbus Circle in front of Union Station. Trans rights icon Miss Major, and the actor and activist Elliot Page are among the scheduled speakers of the event. People from across the country are expected to turn out; buses are scheduled to bring participants to D.C. from at least nine cities, including as far away as Chattanooga, Tenn.
At 1 p.m. marchers will begin moving toward the Heritage Foundation and the Supreme Court, before returning to Columbus Circle at 3 p.m. for a rally and festival featuring a variety of activities, as well as performances by artists.
Banned books will be distributed for free, and a youth area will host a drag queen story hour along with arts and crafts. The LGBTQ health organization FOLX will have a table to connect attendees to its HRT fund, and a voter engagement area will offer information on registering and participating in the upcoming election. A memorial space will honor those lost to anti-trans and gender-based violence.
Cruz noted that the relentless ongoing attacks on the LGBTQ community and on fundamental rights can take a toll, and emphasized that the march offers a chance for people to come together.
āI’m really excited about putting our spin on this rally and making it a place that is both political, but also has levity and there’s fun and joy involved, because we can’t, you know, we can’t just only think about all the kind of massive amount of work and attacks that we’re facing, but also remember that together, we can get through it,ā Cruz said.
Sign up for the march here. Bus tickets to the rally can be booked here.
U.S. Federal Courts
9th Circuit upholds lower court ruling that blocked anti-trans Ariz. law
Statute bans transgender girls from sports teams that correspond with gender identity
The 9th U.S. Circuit Court of Appeals on Monday upheld a lower court’s decision that blocked enforcement of an Arizona law banning transgender girls from playing on public schools’ sports team that correspond with their gender identity.
Then-Gov. Doug Ducey, a Republican, in 2022 signed the law.
The Associated Press reported the parents of two trans girls challenged the law in a lawsuit they filed in U.S. District Court in Tucson, Ariz., in April 2023. U.S. District Judge Jennifer Zipps on July 20, 2023, blocked the law.
Arizona Superintendent of Public Instruction Tom Horne, who was named as a defendant in the lawsuit, appealed the ruling to the 9th Circuit. Democratic Attorney General Kris Mayes is not defending the law.
A three-judge panel on the 9th Circuit unanimously upheld Zipps’s ruling.
“We are pleased with the 9th Circuitās ruling today, which held that the Arizona law likely violates the Equal Protection Clause and recognizes that a studentās transgender status is not an accurate proxy for athletic ability and competitive advantage,ā said Rachel Berg, a staff attorney for the National Center for Lesbian Rights, in a press release.
NCLR represents the two plaintiffs in the case.
California
LGBTQ journalists convene in Los Angeles for largest-ever NLGJA conference
NLGJA hits Hollywood: Empowering diverse voices in media
This weekend, the heat wasn’t the only thing taking over Los Angeles. NLGJA: The Association of LGBTQ+ Journalists was hosting its convention in Hollywood. This weekend was slated to be the biggest and most attended conference NLGJA has ever seen.
The NLGJA conference is hosted annually in a different city, focusing on uplifting and supporting LGBTQ journalists who have often been overlooked in newsrooms across the U.S. This year it’s in Los Angeles at the Loews Hollywood Hotel, right off the famous Hollywood Boulevard. The conference has an extensive range of events including networking meetings, panel discussions with LGBTQ media giants and workshops, all designed to aid LGBTQ journalists.
The mission of NLGJA is to “advance fair and accurate coverage of LGBTQ+ communities and issues” and “promote diverse and inclusive workplaces.” NLGJA has worked toward this mission since 1990, when Leroy F. Aarons founded the association.
Los Angeles last hosted the conference in 2003, the year discrimination protections for sexual orientation and gender identity expression became state law. It was held at the Renaissance Hollywood Hotel that year and attendance included more than 500 journalists from around the nation.
The city has a vibrant gay scene ā West Hollywood (often referred to as WeHo) has more than 40 percent of residents identifying within the LGBTQ community, holds the record for the earliest lesbian publication in the U.S. with Vice Versa in 1947, and hosted the first Pride parade in the U.S. (alongside New York and Chicago.)
This year has a long lineup of convention speakers touching on multiple themes. The lineup includes actors Jesse Tyler Ferguson and Zachary Quinto, who will talk about their upcoming projects; CNN national news correspondent David Culver to discuss accurate social media reporting; Los Angeles Times reporter Tracy Brown to dissect pop culture reporting; and many more.
The conference talks cover a wide variety of topics, but all center around maximizing coverage of LGBTQ communities in traditional and new age media. Other key topics include how and why outlets need to diversify newsrooms as well as how to properly cover the ongoing and nuanced fight for transgender rights in America.
Besides professional talks, the conference offers LGBTQ journalists a way to strengthen their community, much of which is achieved outside the conference halls. One way the conference does this is by hosting a “night OUT” at a local gay bar where discussions of journalist-source relations, how to navigate being the only queer person in the newsroom, and what to say to allies when they begin to encroach on unfriendly rhetoric are just some of the topics that can be heard from attendees.
In addition to talks and community building, the conference is giving out awards to LGBTQ journalists who have made significant contributions to the coverage of LGBTQ issues in the past year. Awardees include popular social media journalist Erin Reed, the Texas Newsroom’s Lauren McGaughy, “Journalist of the Year” Steven Romo and many more.
This conference is crucial for the ongoing professional development of LGBTQ journalists, providing a unique opportunity to connect with peers, share experiences and gain insights from others within their community.
For more information, visit NLGJA’s website at www.nlgja.org.
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