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Burr, Portman targeted ahead of ENDA vote

GOP senators pressed to support LGBT anti-bias legislation

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Richard Burr, Rob Portman, Republican Party, United States Senate, Ohio, North Carolina, gay news, Washington Blade
Richard Burr, Rob Portman, Republican Party, United States Senate, Ohio, North Carolina, gay news, Washington Blade

LGBT activists are pushing Sen. Richard Burr (R-N.C.) (left) and Sen. Rob Portman (R-Ohio) to support ENDA (Photos public domain).

UPDATE: Following the initial posting of this article, Burr said in a statement to the Washington Blade that he plans to oppose ENDA.

If a Republican U.S. senator can support marriage equality or vote for “Don’t Ask, Don’t Tell” repeal, why can’t he also back the Employment Non-Discrimination Act?

That’s the question LGBT activists are asking of Sens. Richard Burr (R-N.C.) and Rob Portman (R-Ohio) on the eve of a historic Senate committee vote on ENDA, legislation that would prohibit bias against LGBT workers nationwide.

In one camp, the LGBT group Freedom to Work has enlisted Dan Gurley, who’s gay and a former executive director of the North Carolina Republican Party, to push Burr to vote for ENDA. In another camp, the grassroots organization GetEQUAL is showcasing Ohio mothers to win over Portman.

Gurley, who oversaw anti-gay campaigns at the Republican National Committee before being outed by gay activist Mike Rogers and joining LGBT activism, told the Washington Blade as a former businessperson, Burr should have an interest in voting for ENDA because it would enhance North Carolina’s business climate.

“There’s a lot of transition still taking place in our economy here, but the growth areas, many of them are the creative fields of employment and white-collar growth,” Gurley said. “We strongly feel, and believes that there’s evidence to prove that having non-discrimination laws in place would serve as an important recruitment tool for business, and that’s why it’s an important thing to do for North Carolina and the country.”

Gurley said he hasn’t had any personal conversations with Burr on ENDA, but believes the North Carolina senator would be amenable to the bill because he’s heard from others familiar with his thinking that his support would be a logical step for him.

Burr voted in favor of “Don’t Ask, Don’t Tell” repeal in 2010, but also voted against cloture for the bill before the final vote took place. Burr has said he believes marriage is between one man, one woman, but at the same time believes it should be left for the states to decide.

Tico Almeida, president of Freedom to Work, said Burr should take heed from North Carolina companies that have set up LGBT non-discrimination employment policies.

“Itā€™s long past time for our politicians to follow the good example set by companies with a strong North Carolina presence ranging from American Eagle Outfitters to BP gasoline to Coca-Cola, all of which have endorsed the proposed Employment Non-Discrimination Act,” Almeida said.

In Ohio, GetEQUAL is showcasing two mothers with different stories. Both are set to speak at a news conference Wednesday at the John W. Bricker Federal Building in Columbus, Ohio.

One, Lyn Herron, is the mother of a straight son who was a salesperson at a national retail establishment for four years, but was denied several promotions allegedly because the district manager thought he was gay.Ā The other, Gail Burkholder, is the mother of one gay son and one straight son, said she doesn’t know why the federal government treats them differently.

“Both of my boys are over six feet tall, are studying the sciences in college and graduate school, and have found the person with whom they want to have kids and grow old together,” Burkholder said in a statement. “Please tell me which one can and should be legally fired because of who he is, rather than what he can do for his employer!”

Heather Cronk, managing director for GetEQUAL, said her organization is helping bring these stories to Portman’s attention because he already publicly came out for marriage equality after learning his son is gay.

“We’re calling on Senator Portman to ‘evolve’ on workplace discrimination in the same way that he ‘evolved’ on marriage equality ā€” by seeing this issue as one of fundamental fairness and equal opportunity,” Cronk said.

The Human Rights Campaign is also taking action in favor of ENDA on the eve of the Senate markup. The organization announced on Tuesday that the hotel chain Hilton Worldwide will become the 100th major corporation to join HRCā€™s “Business Coalition for Workplace Fairness,” a coalition of U.S. employers that support ENDA.

Although Portman isn’t a member of the Senate Health, Education, Labor & Pensions Committee, Burr is. The North Carolina senator’s views on ENDA will become known on Wednesday during the final vote to report the legislation to the floor.

In a statement to the Blade provided by his office, Burr said he plans to oppose ENDA despite his earlier vote in favor of “Don’t Ask, Don’t Tell” repeal ā€” even though he opposes discrimination.

ā€œLike most Americans, I strongly oppose and condemn unjust discrimination,” Burr said. “It is my hope that our society can be tolerant of different people and ideas. That said, whenever we consider new legislation we must always consider the interplay of new laws with existing rights. I am concerned that the ENDA bill would go beyond our existing laws protecting individualsā€™ employment rights and would impose new burdens and legal uncertainties regarding the exercise of religious liberties. Therefore, I plan to oppose the bill.ā€

Last month, Jeffrey Sadosky, a Portman spokesperson, told the Blade that Portman is reviewing ENDA and opposes discrimination, but has concerns about the bill.

ā€œSen. Portman is strongly opposed to discrimination and is looking at proposals to address it,ā€ Sadosky said. ā€œHe is concerned about excessive reliance on litigation as a tool for social change, and will continue to review the most recent version of ENDA.ā€

Attention is also focused on Sen. Lisa Murkowski (R-Alaska,) a Republican member of the committee that will vote Wednesday on ENDA. She’s hasn’t yet articulated a position on the legislation, but is one of three sitting Republicans support marriage equality and voted for hate crimes protections and “Don’t Ask, Don’t Tell” repeal.

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Lawmakers champion drug policy reforms at National Cannabis Policy Summit

Congressional leaders pledged their support for decriminalization

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U.S. Rep. Barbara Lee (D-Calif.), second from left (Washington Blade photo by Christopher Kane)

Speaking at the 2024 National Cannabis Policy Summit on Wednesday, congressional leaders pledged their support for proposals to remedy the harms of America’s War on Drugs while protecting cannabis users and cannabis businesses that are operating under a fast-evolving patchwork of local, state, and federal laws.

Overwhelmingly, the lawmakers who attended the conference at the Martin Luther King Jr. Memorial Library in D.C. or delivered their remarks virtually were optimistic about the chances of passing legislative solutions in the near-term, perhaps even in this Congress.

Participants included U.S. Sens. Raphael Warnock (D-Ga.), Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), and Senate Majority Leader Chuck Schumer (D-N.Y.), along with U.S. Reps. Eleanor Holmes Norton (D-D.C.), Earl Blumenauer (D-Ore.), and Barbara Lee (D-Calif.), who co-chairs the Congressional Cannabis Caucus and was honored at the event with the Supernova Women Cannabis Champion Lifetime Achievement Award. Republicans included an aide for U.S. Rep. David Joyce (R-Ohio) who was featured in an afternoon panel discussion about the cannabis policy landscape on Capitol Hill.

Each of the members have long championed cannabis-related policy reforms, from Merkleyā€™s SAFER Banking Act that would allow cannabis businesses to access financial services (thereby affording them the critically important protections provided by banks) to Leeā€™s work throughout her career to ameliorate the harms suffered by, particularly, Black and Brown communities that have been disproportionately impacted by the criminalization of marijuana and the consequences of systemic racism in law enforcement and the criminal justice system.

The lawmakers agreed America is now at an inflection point. Democratic and Republican leaders are coming together to support major drug policy reforms around cannabis, they said. And now that 40 states and D.C. have legalized the drug for recreational or medical use, or both, the congress members stressed that the time is now for action at the federal level.

Last summer, the U.S. Department of Health and Human Services issued a formal request to re-categorize marijuana as a Schedule III substance under the rules and regulations of the Controlled Substances Act, which kicked off an ongoing review by the Biden-Harris administration. Since the lawā€™s enactment in 1971, cannabis has been listed as a Schedule I substance and, therefore, has been subject to the most stringent restrictions on and criminal penalties for its cultivation, possession, sale, and distribution.

Merkley acknowledged that re-scheduling would remedy the Nixon administrationā€™s ā€œbizarreā€ decision to house marijuana under the same scheduling designation as far more harmful and addictive drugs like heroin ā€” and noted that the move would also effectively legalize biomedical research involving cannabis. However, the senator said, while re-scheduling ā€œmay be a step in the right direction, itā€™s not de-schedulingā€ and therefore would not make real inroads toward redressing the harms wrought by decades of criminalization. Ā 

Likewise, as she accepted her award, Lee specified that she and her colleagues are ā€œworking night and day on the legalization, not re-scheduling.ā€ And her comments were echoed by Warren, who proclaimed in a prerecorded video address that ā€œde-scheduling and legalizing cannabis is an issue of justice.ā€

Congressional Republicans have blocked legislation to legalize marijuana, the Massachusetts senator said, ā€œand that is why the scheduling is so important,ā€ as it might constitute a ā€œtool that we can use to get this done without Republican obstruction.ā€

Warren, Merkley, and Schumer were among the 12 Senate Democrats who issued a letter in January to the U.S. Drug Enforcement Administration requesting transparency into its re-scheduling process while also, more importantly, demanding that the agency fully de-schedule cannabis, which would mean the drug is no longer covered by the Controlled Substances Act.

However, in a possible signal of political headwinds against these efforts, their Republican colleagues led by U.S. Sen. Mitt Romney (R-Utah) responded with a letter to DEA Administrator Anne Milgram ā€œhighlighting concerns over HHSā€™s recommendation to reschedule marijuana from a Schedule I to Schedule III-controlled substance.ā€ The GOP signatories, all of whom serve on the Senate Foreign Relations Committee, also sought to ā€œunderscore the Drug Enforcement Administrationā€™s (DEA) duty under the Controlled Substances Act (CSA) to ensure compliance with the United Statesā€™ treaty obligations under the Single Convention on Narcotic Drugs.ā€

As Norton noted during her prepared remarks, elected Democrats are not necessarily always on the same page with respect to expanding access to economic opportunity facilitated by cannabis. For instance, though President Joe Biden had promised, during his State of the Union address this year, to direct his ā€œCabinet to review the federal classification of marijuana, and [expunge] thousands of convictions for mere possession,ā€ Norton blamed Biden along with House Republicans for provisions in the federal budget this year that prohibit D.C. from using local tax dollars to legalize cannabis sales.

A non-voting delegate who represents the cityā€™s 690,000 residents in the House, Norton called the presidentā€™s position ā€œdeeply disappointing,ā€ particularly considering his record of supporting ā€œD.C. statehood, which would allow D.C. to enact its own policies without congressional interferenceā€ and grant its residents voting representation in both chambers of Congress. She added that the majority of Washingtonians are Black and Brown while all are held responsible for ā€œthe obligations of citizenship including paying federal taxes.ā€

Norton said the city should also have the power to grant clemency for crimes committed in the District, including cannabis-related crimes ā€” power that, currently, can only be exercised by the president.

Some Republican lawmakers have been at the forefront of efforts to reform harmful cannabis regulations. For instance, a participant in a mid-afternoon panel pointed to the CURE Act, a bill introduced by U.S. Reps. Nancy Mace (R-S.C.) and Jamie Raskin (D-Md.) that would prohibit the federal government from denying security clearances based on applicantsā€™ past or current use of cannabis.

While securing statehood for D.C. and de-scheduling cannabis via legislation or administrative action are perhaps, at least for now, a heavy lift, Merkley pointed to promising new developments concerning his SAFER Banking Act.

The Oregon senator first introduced the measure, then titled the SAFE Banking Act, in 2019, and he said the legislationā€™s evolution into its current iteration was difficult. ā€œRegulators donā€™t want to be told what to do,ā€ Merkley said, and negotiations with these officials involved ā€œnitty-gritty arguments over every word.ā€

Pushback also came from one of Merkleyā€™s Democratic colleagues. In September, Warnock, who is Georgiaā€™s first Black U.S. senator, voted ā€œnoā€ on the 2023 version of the SAFER Banking Act, writing: ā€œMy fear is that if we pass this legislation, if we greenlight this new industry and the fees and the profits to be made off of it without helping those communitiesā€ most harmed by the War on Drugs ā€œwe will just make the comfortable more comfortable.ā€

Warnockā€™s statement followed his pointed remarks expressing concerns with the legislation during a Senate Banking Committee hearing.

ā€œLet me be very clear,ā€ he said, ā€œI am not opposed to easing or undoing federal restrictions around cannabis. And I would support all of the provisions and reforms in this legislation if paired with broader cannabis reforms that substantively address the issue of restorative justice. This bill does not do that.ā€

At this point, however, the latest version of the SAFER Banking Act has advanced out of committee and earned the support of Senate leaders including Schumer and much of the Republican conference.

ā€œThis is the moment,ā€ he said. ā€œLetā€™s not let this year pass without getting this bill ā€” the safer banking bill ā€” through the House, through the Senate, and on the presidentā€™s desk.ā€

In her remarks, Lee also discussed the importance of business and industry-wide reforms like those in Merkleyā€™s bill.

ā€œWe have to make sure that the cannabis industry is viewed by everyone, especially our federal government, as a legitimate business,ā€ Lee said. ā€œLegitimate, which deserves every single aspect of financial services that any legitimate business deserves and has access to.ā€

Like Warnock, the congresswoman also highlighted how these financial and business considerations intersect with ā€œequity issues,ā€ as ā€œthose who have been most impacted by this horrible War on Drugsā€ must ā€œbecome first in line for the businesses and for the jobs and for the economic opportunity the cannabis industry provides.ā€

Reflecting on her experience introducing the Marijuana Justice Act in 2019, which was Congressā€™s first racial justice cannabis reform bill, Lee remembered how ā€œeveryone was like, ā€˜why are you doing this? Itā€™s politically not cool.ā€™ā€ Her legislation sought to end the federal criminalization of marijuana, expunge the criminal records of those convicted of cannabis-related crimes, and reinvest in communities that have suffered disproportionately from the War on Drugs.

The congresswoman said she explained to colleagues how the bill addressed ā€œmany, many layersā€ of often-intersecting problems linked to federal cannabis policy, telling them: ā€œThis is a criminal justice issue, a racial justice issue, an issue of equity, a medical issue, a veteransā€™ issue, and an issue of economic security.ā€

Two years later, with a 220-204 vote, the House successfully passed the Marijuana Opportunity Reinvestment and Expungement Act, a comprehensive bill introduced by U.S. Rep. Jerry Nadler (D-N.Y.) and to the Senate by then-U.S. Sen. Kamala Harris (D-Calif.). The measure included Leeā€™s Marijuana Justice Act.

ā€œThis bill is the product of many, many years of advocacy for federal cannabis reform and equity,ā€ she said in a statement celebrating the billā€™s passage. ā€œMake no mistake: This is a racial justice bill. Itā€™s about the thousands of people of color who sit in jail for marijuana offenses while others profit. Itā€™s about finally repairing the harms of the War on Drugs on communities and families across the country.ā€

ā€œWe’ve come a long way,ā€ she told the audience on Wednesday. ā€œAnd now we have a long way to go.ā€

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First lady warns Trump is ‘dangerous to the LGBTQ community’ at HRC event

Jill Biden spoke in Arlington, Va., on Friday

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Human Rights Campaign President Kelley Robinson introduces the First Lady Dr. Jill Biden at the Human Rights Campaign's Equality in Action event on Friday, April 12, 2024 in Arlington, Va. (Kevin Wolf/AP Images for Human Rights Campaign)

Delivering a keynote address at the Human Rights Campaign’s Equality in Action event Friday, First lady Jill Biden warned former President Donald Trump is “a bully” who is “dangerous to the LGBTQ community.”

Her appearance at the three-day volunteer and board gathering at the Sheraton Pentagon City in Arlington, Va., comes as part of the Biden-Harris reelection campaign’s “Out for Biden” program, which aims to “mobilize LGBTQ+ voters, communities, and leaders across the country.ā€

“Today, this community is under attack,” Biden said. “Rights are being stripped away. freedoms are eroding. More and more state laws are being passed targeting this community. Just last month, we had to fend off more than 50 anti-gay amendments that Republicans tried to force into the government funding bill.”

“These were extreme measures aimed directly at this community ā€” measures that would have limited health care and weakened protections for same sex couples,” she said. “And they served only one purpose to spread hate and fear.”

In a nod to her long career as an educator, Biden said, “History teaches us that our rights and freedoms don’t disappear overnight. They disappear slowly. Subtly. Silently.”

She continued, “A book ban. A court decision. A ‘Don’t Say Gay’ law. One group of people loses their rights and then another. And another. Until one day you wake up and no longer live in a democracy … This is our chapter of history and it’s up to us how it ends.”

Biden then highlighted some of the advancements for LGBTQ rights secured under the Biden-Harris administration.

“Thanks to President Biden, marriage equality is now the law of the land,” she said. “He ended the ban on gay and bisexual men donating blood. He’s made it possible for trans Americans to serve openly and honorably in our military. And he’s standing firmly against conversion therapy.”

“Yes, there are forces outside these walls that are trying to erase these hard fought gains, trying to unwind all the progress that we’ve made,” Biden said. “They want to take our victories away, but we won’t let them. Your president will not let them ā€” I will not let them.”

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‘Out for Biden-Harris’ LGBTQ-targeted campaign is launched

Several events planned in coming weeks

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President Joe Biden delivers remarks at a Pride celebration, June 10, 2023, at the White House. (Official White House Photo by Adam Schultz)

The Biden-Harris campaign on Wednesday debuted “Out for Biden-Harris,” which is a “national organizing and engagement program to mobilize LGBTQ+ voters, communities, and leaders across the country.”

Out for Biden-Harris “will train supporters to organize within their own networks and leverage messengers from the community to ensure we are meeting LGBTQ+ voters where they are,” the campaign wrote in a press release announcement.

“From drag queens to elected leaders to LGBTQ+ faith leaders, Team Biden-Harris will use a wide range of validators to communicate whatā€™s at stake for the LGBTQ+ community in this election and why itā€™s critical that we vote for Joe Biden and Kamala Harris.”

The campaign also previewed some of the events and initiatives in coming weeks, which will include:

  • A virtual organizing call featuring actor Wilson Cruz, Congressman Robert Garcia, HRC President Kelley Robinson, to mobilize LGBTQ+ supporters;
  • A series of virtual relational organizing trainings focused on activating and reaching new volunteers targeting battleground voters. The campaign will be engaging trusted messengers, including high-profile and trusted messengers in the LGBTQ+ community, like Brita Filter, Danica Roem, Gina Ortiz Jones, and Rev.
  • Hosting a series of Out For Biden-Harris house parties and community events including events in Phoenix, Arizona, Ferndale, Michigan, Milwaukee, Wisconsin, Philadelphia, Pittsburgh, and Harrisburg, Pennsylvania, and Las Vegas, Nevada to mobilize supporters.
  • First Lady Jill Biden will be a featured speaker at the Human Rights Campaign Equality In Action Conference bringing together a network of 400 organizers and activists in Arlington, VA.

The campaign noted that LGBTQ voters will be “a key part” of its coalition, while 39 percent of voters consider LGBTQ equality a “make-or-break issue.”

“In 2020, nearly 11,000 LGBTQ+ volunteers mobilized to help elect President Biden and Vice President Harris,” the campaign wrote. “This year, Out for Biden-Harris will re-engage these supporters and build on their work. The program is designed around the idea that there is no better messenger to mobilize LGBTQ+ voters than their friends and neighbors to bring new supporters into our campaign.”

The Biden-Harris administration is the most pro-LGBTQ in history, and LGBTQ groups with a combined 3.8 million members have endorsed President Joe Biden’s reelection campaign.

However, “the fight for equality for all Americans is at stake this November as Trump and his allies plan to roll back the rights and freedoms of LGBTQ+ Americans,” the Biden campaign wrote. “Trump and his MAGA allies are running on an extreme, anti-LGBTQ+ agenda which would push to discriminate against the LGBTQ+ community, even going after the right to marry who you love.”

ā€œLGBTQ+ voters are a force to be reckoned with. They were critical to our victory in 2020, and they will be critical to winning again this November,” said Biden-Harris 2024 Campaign Manager Julie Chavez Rodriguez. “Thatā€™s why weā€™re thrilled to launch Out for Biden-Harris, which will harness the LGBTQ+ communityā€™s organizing prowess to reelect President Biden and Vice President Harris this November.ā€

Chavez Rodriguez continued, ā€œLGBTQ+ Americans couldnā€™t have more at stake this election: Donald Trump and his extremist allies are running to gut LGBTQ+ rights and erase history as their top priorities. LGBTQ+ Americans deserve leaders who will fight for every Americanā€™s freedom and dignity. Thatā€™s what President Biden and Vice President Harris have done throughout their time in office, and what they will do if reelected, including pressing Congress to pass the Equality Act.”

“There has never been a more critical time to protect the rights of all Americans, no matter who you love or how you identify, and Out for Biden-Harris will be critical to not just safeguarding, but strengthening the rights and voice of every single American,” she said.

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