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Md. Senate committee kills transgender rights bill

Measure struck down in 6-5 vote

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Gay News, Washington Blade, Transgender Maryland

Lisa Gladden, Maryland, gay news, Washington Blade

Maryland state Sen. Lisa Gladden (D-District 41) (Washington Blade photo by Michael Key)

A Maryland state Senate committee on Thursday struck down a bill that would have banned anti-transgender discrimination in housing, employment and public accommodation.

The 6-5 vote in the Senate Judicial Proceedings Committee came slightly more than two weeks after it held a hearing on Senate Bill 449 — the Fairness for All Marylanders Act of 2013 — that state Sens. Rich Madaleno (D-Montgomery County) and Jamie Raskin (D-Montgomery County) introduced.

Raskin along with state Sens. Brian Frosh (D-Montgomery County,) Lisa Gladden (D-Baltimore City,) Jennie Forehand (D-Montgomery County) and Robert Zirkin (D-Baltimore County) voted for SB 449. Senators Norman Stone (D-Baltimore County,) C. Anthony Muse (D-Prince George’s County,) Nancy Jacobs (R-Cecil and Harford Counties,) James Brochin (D-Baltimore County,) Christopher Shank (R-Washington County) and Joseph Getty (R-Baltimore and Carroll Counties) opposed it.

“Despite months of hard work by our broad coalition of supporters, key committee members were unwilling to advance the promise of equality under the law to the transgender community,” Madaleno said in an e-mail he sent to his constituents after the vote. “A majority of committee members were unwilling to pass a bill that prohibited discrimination by restaurants, theaters, hotels, shopping centers and other places of public accommodations. Their lack of understanding and empathy for their fellow Marylanders is appalling.”

Dana Beyer, executive director of Gender Rights Maryland, also expressed outrage.

“Bigotry won the day, and I say that because the sponsor bent over backward to assuage the concerns of his Democratic colleagues,” she told the Washington Blade. “None of it was good enough, nor did they then offer any solution themselves other than to strip out public accommodations protections entirely.”

“It is terribly disappointing the committee failed to stand up for fairness and protect transgender Marylanders,” Equality Maryland Executive Director Carrie Evans added.

Peter Sprigg, senior fellow for policy studies at the Family Research Council, and other SB 449 opponents testified against the measure during the Feb. 26 committee hearing.

“This bill will force the state and private actors — employers, landlords and others who provide public services — to officially and legally affirm the very delusion that puts these suffering individuals at odds with reality,” Sprigg said. “Not only will it not makes their lives better, but it will prevent them from getting the very help they do need to make their lives better.”

The state House of Delegates in 2011 passed a trans rights bill, but a similar measure died in a Senate committee last year.

Governor Martin O’Malley, who signed Baltimore City’s trans rights ordinance into law in 2002 when he was mayor, told the Washington Blade last month he was “absolutely” reaching out to state lawmakers to encourage them to support SB 449. State Del. Bonnie Cullison (D-Montgomery County) and other gay state lawmakers with whom the Blade spoke after the committee’s Feb. 26 hearing stressed the passage of last November’s referendum on the same-sex marriage law O’Malley signed had provided a foundation of support upon which they thought the measure could have passed.

Senate President Thomas V. “Mike” Miller (D-Prince George’s and Calvert Counties) also backed SB 449.

“It is now 14 years since transgender protections were stripped from LGBT anti-discrimination legislation by the General Assembly,” Donna Cartwright of the Maryland Coalition for Trans Equality said. “It’s long past time for the legislature to take meaningful action to address the severe discrimination and disadvantage that trans people face.”

Baltimore County, of which Brochin represents portions in Annapolis, along with Montgomery and Howard Counties and Baltimore City have already adopted trans-inclusive non-discrimination laws.

“[Brochin] had at least 1,000 constituents contact him asking him to support this bill,” Evans said. “Despite this, he turned his back on these voters. It ironic that transgender people in his own district [Baltimore County] have protections yet he wouldn’t cast a vote to extend these protections to individuals in the 20 counties that aren’t so fortunate.”

Sixteen states and D.C. currently ban discrimination based on gender identity and expression.

Madaleno and other SB 449 supporters vow they will continue to fight to protect trans Marylanders from discrimination.

“This fight is not over, and together we continue undeterred on our path to full equality and freedom for all,” Madaleno said.

“Equality Maryland will come back every year until transgender Marylanders are afforded the right to be free from discrimination in their jobs, homes, and places of public accommodations,“ added Evans.

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Va. senator introduces anti-transgender student athlete bill

Democrats have vowed to thwart anti-LGBTQ measures in state Senate

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transgender, Gender Conference East, trans, transgender flag, gay news, Washington Blade
(Washington Blade photo by Michael Key)

A Virginia lawmaker has introduced a bill that would ban transgender students from joining school sports teams that are consistent with their gender identity.

Senate Bill 766, which state Sen. Jennifer Kiggans (R-Virginia Beach) introduced on Friday, would require “each elementary or secondary school or a private school that competes in sponsored athletic events against such public schools to designate athletic teams, whether a school athletic team or an intramural team sponsored by such school, based on biological sex as follows: (i) ‘males,’ ‘men,’ or ‘boys’; (ii) ‘females,’ ‘women,’ or ‘girls’; or (iii) ‘coed’ or ‘mixed.'”

“Under the bill, male students are not permitted to participate on any school athletic team or squad designated for ‘females,’ ‘women,’ or ‘girls’; however, this provision does not apply to physical education classes at schools,” adds the bill. “The bill provides civil penalties for students and schools that suffer harm as a result of a violation of the bill. Such civil actions are required to be initiated within two years after the harm occurred.”

Kiggans introduced her bill less than a week after Republican Gov. Glenn Youngkin took office.

Youngkin during his campaign said he does not support allowing trans children to play on sports teams that are consistent with their gender identity. Elizabeth Schultz, an anti-LGBTQ former member of the Fairfax County School Board, has been named the Virginia Department of Education’s Assistant Superintendent of Public Instruction.

The General Assembly’s 2022 legislative session began on Jan. 12 with Republicans in control of the state House of Delegates. Democrats still control the state Senate, and they have pledged to thwart any anti-LGBTQ bills.

“Let’s be clear: This is part of an ongoing, nationwide effort to exclude trans people from enjoying the benefits of sports like their cisgender peers,” tweeted the American Civil Liberties Union of Virginia on Friday after Kiggans introduced SB 766. “We won’t tolerate this.”

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Comings & Goings

Hazen inducted into Cooperative Hall of Fame

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Paul Hazen

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected] 

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Paul Hazen on his being inducted into the 2022 Cooperative Hall of Fame.  On receiving the honor, he said, “I am very lucky to be given the opportunity to combine my work in international development with my volunteer cooperative development work in Washington DC.”

Hazen is executive director, U.S. Overseas Cooperative Development Council (OCDC) and has devoted his career to elevating the cooperative voice domestically and internationally. U.S. co-ops include Ace Hardware, Land O’Lakes, Inc., Sunkist, REI and the Associated Press. Hazen helped establish federal legislation promoting rural co-op development.  

Prior to joining OCDC, he was CEO of Washington, D.C.-based National Cooperative Business Association CLUSA International. During his 25-year tenure with the organization, he held key positions, including chief operating officer, vice president of public policy, vice president of member services and director of consumer cooperatives.

He worked for Rep. Al Baldus (Wisc.). He was executive director of Rural Housing Inc. in Madison, Wisc., where he developed co-ops and affordable housing projects in rural communities. 

As a volunteer, Hazen formed the Community Purchasing Alliance (CPA) with 12 congregations in D.C.  In 2020, CPA secured more than $18.7 million in contracts resulting in an investment of $13 million in D.C.-based small businesses owned by people of color.

Ben Finzel

Congratulations also to Ben Finzel, who was inducted into the National Capital Public Relations Hall of Fame. Upon receiving the honor, he said “To be recognized by your peers is wonderful; to be honored by them is amazing. I still can’t quite believe I have done enough to be worthy of this recognition, but I know enough to be thankful and appreciative of this high honor. Thank you PRSA National Capital Chapter for including me in such inspiring company; I will be forever grateful.”

Finzel is president of RENEWPR, a D.C.-based public affairs, communications consulting firm. In 2004, he helped launch FH Out Front, the first global LGBTQ communications practice at an international firm, Fleishman Hillard, and served as its first global chair. He started DC Family Communicators, a professional networking group for LGBTQ communications professionals. Finzel served on the Victory Campaign Board of the LGBTQ Victory Fund from 2007 to 2017.

His firm is currently celebrating its seventh year in business. To recognize that accomplishment, Finzel is launching an endowed scholarship at his alma mater, Texas Tech University. His business is certified as an LGBT Business Enterprise by the National LGBT Chamber of Commerce.

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Maryland

Judge rules trans teacher’s lawsuit against P.G. County can go to trial

Gay man files separate case charging discrimination

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Jennifer Eller, gay news, Washington Blade
Jennifer Eller alleges the P.G. County school system subjected her to discrimination and harassment. (Photo courtesy of Lambda Legal)

A federal judge in Maryland issued a ruling on Tuesday, Jan. 18, clearing the way for a lawsuit filed by transgender former English teacher Jennifer Eller in 2018 charging the Prince George’s County, Md., Public Schools with discrimination and harassment based on her gender identity to proceed to a trial.

In the ruling, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied key parts of several motions filed by attorneys representing the P.G. County Public Schools that in effect called for the dismissal of the lawsuit. The motions, among other things, claimed the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment, which forced her to resign due to a hostile work environment.

Chuang also ruled against a separate motion introduced by Eller’s attorneys calling for him to issue a summary judgement decision affirming all the lawsuit’s allegations that would have ended the litigation in Eller’s favor without the need to go to trial.

Eller’s lawsuit charges that school officials acted illegally by failing to intervene when she was subjected to a hostile work environment for five years that included abuse and harassment by students, parents, fellow teachers, and supervisors and retaliation by school administrators.

The lawsuit alleges that the school system and its administrators in its actions against Eller violated Title VII of the U.S. Civil Rights Act of 1964, Title IX of the federal Education Amendments Act of 1972, the Equal Protection Clause of the U.S. Constitution, the Maryland Fair Employment Practices Act, and the nondiscrimination provision of the Prince George’s County Code.

“We think the judge did as best he could,” said Omar Gonzales-Pagan, an attorney with the LGBTQ litigation group Lambda Legal, which, along with the D.C. law firm Arnold & Porter, are representing Eller in her lawsuit.

“The takeaway is that the case is now in a posture to proceed to trial,” Gonzales-Pagan told the Washington Blade. “The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” he said.

By the term constructive discharge, Gonzales-Pagan was referring to the lawsuit’s charge that Eller was forced to resign from her teaching job in 2017 after being diagnosed with post-traumatic stress disorder due to the alleged abuse she faced on the job.

P.G. County Public Schools officials have declined to comment on the lawsuit on grounds that the school system has a longstanding policy of not discussing pending litigation. However, in its response to the lawsuit in court filings, school system officials have denied Eller’s allegations of discrimination, harassment, and retaliation.

“For years, I was aggressively misgendered, attacked and harassed in the hallways and even in my own classroom by students, peers and supervisors,” Eller said in a statement released by her attorneys.

“My pleas for help and for sensitivity training on LGBTQ issues for students and staff, were ignored,” Eller said in her statement. “The relentless harassment stripped me of the joy of teaching and forced me to resign,” she said. “It is time for Prince George’s County Public Schools to be held accountable.”

The lawsuit says the harassment and discriminatory action against her began in 2011 when she began presenting as female during the school year. It says school officials initially responded to her complaints about the harassment by demanding that she stop dressing as a woman and return to wearing men’s clothes, which she refused to do.

In a separate action, gay former Spanish teacher Jared Hester filed on his own without an attorney a lawsuit in the Maryland federal court charging the P.G. County Public Schools with failing to take action to prevent him from being subjected to discrimination and harassment similar to some of the allegations made in Eller’s lawsuit.

Hester told the Blade that he was subjected to harassment by students who repeatedly called him “faggot,” but school officials, including the principal of the middle school where he taught, refused to take action to stop the harassment.

He provided the Blade with copies of earlier complaints he filed against school system officials with the U.S. Equal Employment Opportunity Commission (EEOC), the Maryland Commission on Civil Rights, and the P.G County Public Schools’ internal Office of Equity Assurance. Each of the three agencies issued rulings against Hester’s complaints, with two of them saying sufficient evidence could not be found to support his allegations.

The EEOC, in a Nov. 3, 2021 “dismissal” notice, told Hester the EEOC “will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute.” The notice added, “This does not mean the claims have no merit” or that the respondent, meaning the P.G. County Public Schools, “is in compliance with the statutes.”

The notice did not give a reason for why it chose to end its investigation into Hester’s complaint, but it said his filing with the EEOC cleared the way for him to file a lawsuit to further his case against the school system. 

Hester told the Blade he reached out to Lambda Legal to represent him in his lawsuit, but the LGBTQ litigation group declined to take on his case without giving a reason. Gonzalez-Pagan, the Lambda attorney working on the Eller case, said he was unfamiliar with Hester’s request for representation. Another Lambda official couldn’t immediately be reached to determine the reason for its decision not to represent Hester.

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