News
ENDA’s religious exemption still concerning as vote nears
Brown says religious exemption should be same for LGBT workers as other categories
Sen. Sherrod Brown believes the religious exemption in employment discrimination law should be the same for LGBT workers as with other categories (D-Ohio) (Photo public domain).
Shortly after filing cloture on the Employment Non-Discrimination Act, Senate Majority Leader Harry Reid (D-Nev.) held a 30-minute conference call with Nevada LGBT leaders late Thursday in anticipation of the bill coming to the Senate floor this week.
Among those on the call was Derek Washington, lead organizer for the LGBT group GetEQUAL Nevada, who said he raised with Reid concerns about ENDA’s religious exemption.
That language would provide leeway for religious institutions, like churches or religious schools, to discriminate against LGBT workers in non-ministerial positions even if ENDA were to become law. It’s broader than similar exemptions under Title VII of the Civil Rights Act of 1964 for categories of race, gender, religion and national origin.
“I mentioned to him that it was something that just was not palatable,” Washington said. “I asked him what he felt about it, and he felt that the main thing to do was get the vote taken care of, and then deal with it later. As often times happens, you don’t get something perfect the first time around, you go back and fix it later, so that was basically his take on it.”
That account was corroborated by Faiz Shakir, a Reid spokesperson, who said the Democratic leader understands the concerns, but wants to get the bill passed first, then go back and address the exemptions.
“Sen. Reid’s first priority is to pass the strongest possible legislation which can garner 60 votes,” Shakir said. “He believes the current legislation meets that test.”
Washington was unfazed by Reid’s response that the religious exemption won’t see change before passage, insisting the Nevada Democrat is one of the greatest champions for the LGBT community, noting, among other things, he was the first elected official to endorse the National Equality March in 2009.
“I think it would a shame to write a story about any of this without mentioning that that man is a hero to us, and I don’t think people get that,” Washington said.
That symbolizes the situation with narrowing the broad religious exemption in ENDA before the Senate approves the bill. Despite concerns that it’s too expansive, the idea of limiting it at this time — such as the amendment process — isn’t getting a lot of traction either from LGBT advocates or lawmakers.
Instead, those with concerns over ENDA’s religious exemption have more modest aspirations: Get LGBT friendly lawmakers in the Senate to speak out against the language on the Senate floor.
Ian Thompson, legislative representative for the American Civil Liberties Union, is among those saying he’s not seeking an amendment to religious exemption on the Senate floor, but wants the provision addressed in some way.
“By doing that, it’s certainly our hope more and more pro-equality members of Congress and their staff will come to understand the potential harm of the current exemption, and I think we’ll see growing support for narrowing it moving forward,” Thompson said.
Thompson added he’s “definitely hopeful” that senators will speak out against the exemption of the floor, but declined to name any prospects for who would articulate concerns.
Heather Cronk, co-director of GetEQUAL, said her organization “didn’t anticipate” being able to change the religious exemption, but is looking for senators to speak out against the language.
“What we were hoping for for — which hasn’t happened yet because the senators haven’t gone to the floor yet — is for some of the more progressive senators to speak out from the floor against the religious exemption,” Cronk said. “So, we’ll wait and see what happens on the floor to see if we get those statements.”
GetEQUAL has petitioned four senators with a reputation for being champions of progressive values — Sens. Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio) and Al Franken (D-Minn.) — to speak out against the religious exemption. As of Sunday, the petition has just under 6,000 signatures.
It remains to be seen whether any senator will speak out in favor of limiting the religious exemption when ENDA comes to the Senate floor this week. Of these four senators, the only office who responded to the Washington Blade’s request to comment on the extent of the religious exemption was that of Brown.
Meghan Dubyak, a Brown spokesperson, said the senator’s focus is passing is ENDA, although he shares the belief the religious exemption for LGBT discrimination should be the same it is for other categories.
“Sen. Brown’s top priority is overcoming a likely filibuster and ensuring passage of ENDA,” Dubyak said. “He believes the religious exemption in ENDA should be consistent with the federal law that currently protects people against discrimination.”
In July, Gillibrand said during a Third Way event that said she’d go even further and amend ENDA to remove the religious exemption. However, her staffers have apparently backtracked from that statement as they’re now mum on the issue.
For its part, the White House is staying out the argument over the religious exemption. Shin Inouye, a White House spokesperson, reiterated in an email weeks ago President Obama supports ENDA, but is leaving the details to Congress.
“We look forward to lawmakers moving forward on this bill that upholds America’s core values of fairness and equality,” Inouye said. “While we defer to Congress on the specifics of the legislation, we believe lawmakers will be able to find a balance that protects LGBT workers and religious liberty.”
Since the introduction of ENDA this year, the ACLU has called for narrowing the religious exemption along with groups like GetEQUAL, the National Center for Lesbian Rights, Lambda Legal and the Transgender Law Center, the National Gay & Lesbian Task Force.
On the other hand, groups working on like Freedom to Work, the Human Rights Campaign and the Center for American Progress have endorsed the current exemption in ENDA.
Tico Almeida, president of Freedom to Work, co-wrote the religious exemption currently found in ENDA while working as a House staffer in 2007. Neither he nor HRC responded to multiple requests to comment for this article.
Winnie Stachelberg, vice president of external affairs for the Center for American Progress, said the religious exemption is necessary to enable bipartisan support to move the bill forward.
“The current religious language reflects a bipartisan compromise that represents a pragmatic balance between ensuring that LGBT workers have the protections they need and organizations,” Stachelberg said. “While the religious exemption is broader than other civil rights statutes it will ensure that LGBT workers have the protections they need.”
If anything, the movement in the Senate on ENDA’s religious exemption this week may be more toward expanding it even further.
Sen. Rob Portman (R-Ohio), seen as a potential supporter of ENDA, has said he’s behind the basic premise of the legislation, but has concerns about restrictions on religious liberties and wants to strengthen the bill to ensure they’re protected.
Prior to the committee vote on ENDA in July, Sen. Rand Paul (R-Ky.) had prepared an amendment that would replace the bill’s religious exemption with more comprehensive language for religious employers. It was never brought up before the committee. Paul’s office didn’t respond to a request to comment on whether the senator would introduce the amendment on the Senate floor.
Concerns over the existing religious exemption were ramped up last month when Tippi McCullough, formerly a teacher for 15 years at Mount St. Mary Academy in Little Rock, Ark., was forced to resign after the school learned she had married her same-sex partner in New Mexico. Because the school is a religious institution, it would not be subject to liability under ENDA.
Thompson said the consequences of passing ENDA with its current exemption in place are hard to predict, but said it would be “a dramatic, and from our view, and very troubling expansion of an exemption like this in our federal civil rights law.”
“I think that it wouldn’t be too into the future before we saw instances of employment discrimination occurring against workers who should be protected from employment discrimination and may find out that because the scope of the existing religious exemption that they may not be,” Thompson said.
LGBT advocates who oppose the religious exemption chose their words carefully about whether they want to see ENDA passed this year with the current language — as opposed to letting it die in Congress so that it could be passed with a narrow exemption at a later time.
Thompson said the ACLU has been a “longtime champion of ENDA” because of the protections in the bill “are critically important and long overdue.”
“We’ve endorsed it, so that’s a position that we’ve taken,” Thompson said. “We have consistently, also though, raised concerns about the scope of the religious exemption and said that that is should be appropriately narrowed ultimately before it ends up on the president’s desk, and that’s our view, but at the same time because of the protections that it would afford to LGBT people are so important and so needed, we also support the bill.”
Cronk said GetEQUAL neither supports nor opposes the bill and believes “any time that that pro-LGBT legislation comes up in Congress, we want that legislation to move forward.”
“Our organizers didn’t feel good about organizing in support of the bill because there wasn’t that change to the religious exemption and because the grassroots network we work with feel the impact of that everyday,” Cronk said. “They work in hospitals in the closet, or they teach at schools where they’re in the closet, and they have a really clear sense about who would be left behind by this legislation, and didn’t feel that was in line with our vision.”
Pride month festivities continue through the end of the month and there’s a new event for Rehoboth/Dewey Beach residents and visitors, Pride on the Bay, set for June 27.
Boaters will tie up at the sandbar near Massey’s Landing from 12-4 p.m. Visit Pride on the Bay’s Facebook page for a map of the exact location. You can rent pontoons for the day at Dewey Beach Watersports (deweybeachwatersports.com).
Aqua Bar & Grill is sponsoring the inaugural event and will provide a floating DJ for the afternoon. Aqua will then host an after-party back on land (57 Baltimore Ave., Rehoboth Beach).
Local part-time resident Brian Sparrow is organizing the gathering, citing the need for more Pride-oriented events at the beach.
“I decided to create an event in June for Pride month,” Sparrow told the Blade. “There aren’t many Pride events in Rehoboth and Dewey where we can take advantage of the Rehoboth Bay.”
He noted that there is another event called “Bay Pride” but that it is held in late summer on a Sunday. “Having the event on Saturday will allow for more boat renting options for visitors and friends to join,” Sparrow said, adding that he plans to make this an annual event.
News
Blade editor inducted into D.C. Society of Professional Journalists Hall of Fame
Joe Reberkenny, Michael Key won SPJ awards
The Society of Professional Journalists’ Washington, D.C., Pro Chapter on Tuesday inducted Kevin Naff, the Washington Blade’s editor and co-owner, into its Hall of Fame.
The induction took place at the group’s annual dinner that took place at the National Press Club.
White House Correspondent Joe Reberkenny won an SPJ award in the weekly newspaper features category for his article “Queer defiance, footlong in hand: the rise of ‘Sandwich Guy.’” Photo Editor Michael Key won two SPJ awards: one in the weekly newspaper feature photography category for a photo of a protest that he took outside the D.C. Attorney General’s office, and another in the weekly newspaper photography story category for his article “‘Trump Must Go Now’ march to the White House.”
International News Editor Michael K. Lavers was a finalist for SPJ awards in the weekly editorial/opinion writing category, the weekly newspaper non-breaking news category. Senior Reporter Lou Chibbaro was also a finalist for an SPJ award in the weekly newspaper non-breaking news category.
District of Columbia
McDuffie on LGBTQ support and standing up to Trump
‘I’m committed to governing with the queer community at the table’
Former D.C. Council member Kenyan McDuffie is running for mayor as Muriel Bowser’s third term expires in January. He’s running in a crowded Democratic primary field; recent polls show him in second place behind Council member Janeese Lewis George. D.C.’s primary is Tuesday, June 16.
The Blade sat down with McDuffie on June 8 for a wide-ranging conversation about his pro-LGBTQ record and challenges now facing the community.
The Blade reached out to fellow mayoral candidates Lewis George and Rini Sampath, who identifies as queer, for interviews. Neither responded to repeated requests over several weeks.
Blade: Members of the D.C. LGBTQ community are receiving information that most if not all the seven Democratic candidates for mayor, including you and Council member Janeese Lewis George, are strong supporters of the LGBTQ community. What message would you have for LGBTQ voters on why they should support you rather than one of the other candidates?
McDuffie: Thank you for the question, Lou. And thank you for your work over the years with the Washington Blade. I’m really looking forward to having this conversation. You know, Washington, D.C. is the capital of the United States, and our city is one of the most beautifully diverse and inclusive cities in America because generations of LGBTQ+ residents, advocates, and organizations have fought to make it that way.
And throughout my time on the Council, I’ve been proud to support that work by advancing equity and opportunity and standing up for the rights and dignity of every resident across the District regardless of where they live, who they know, how much money they have. And as mayor, I’m going to build on that progress by ensuring D.C. remains a place where LGBTQ+ residents can live safely, where they can access quality healthcare and housing, they can build families and businesses and thrive in the neighborhoods of our city.
And now more than ever, making sure we protect residents from a hostile federal administration, including President Donald Trump, who seeks to roll back civil rights and civil liberties.
Blade: Some people, including members of the LGBTQ community, have criticized Mayor Bowser for what they say has been her position of not standing up forcefully enough against the Trump administration on various issues, including the deployment of National Guard soldiers in the city. What are your thoughts on that? How would you deal with the Trump administration if you were mayor?
McDuffie: Well, I’m going to deal with the Trump administration by prioritizing D.C. residents first. I’m going to stand up and fight back against federal infringement from Donald Trump and from Republicans in Congress or any other individual or organization that seeks to threaten Washington, D.C. residents.
And that means on day one rescind the executive order that permits cooperation between the Metropolitan Police Department and ICE and DHS [U.S. Department of Homeland Security]. And I know because of my work 13-and-a-half years on the Council doing research, authoring transformational legislation that protects people’s civil rights, that makes the Metropolitan Police Department more transparent, doing things like authoring the landmark NEAR Act [a 2016 D.C. law aimed at reducing violent crime].
I know from that work, and I know from my former work as a civil rights attorney in President Obama’s Department of Justice that you have to fight to ensure that we have a fair and more just society. I did that as a civil rights attorney traveling the country fighting to protect people’s civil rights. I did that as a prosecutor who fought crime and delivered justice for victims.
And I’m going to do that as mayor to ensure that we use every legal and political tool available as mayor to resist any federal effort to roll back LGBTQ+ protections in Washington, D.C. And I’m committed to governing with the queer community at the table and lifting up their contributions to this city at the center of every decision that I make as mayor. You know that I’ve been a champion making Washington, D.|C. more equitable, more just, and economically inclusive. And I plan to continue to build on that work that I have done and the work that so many important people have done in the LGBTQ+ community in Washington, D.C. to make sure that our residents can live safely and thrive in Washington, D.C.
And so, we’re going to fight back against Trump and any hostile federal administration to make sure we’re protecting the residents first. And we will work with the federal government where there is an opportunity to do transformational economic development projects like RFK, transformational infrastructure projects like expanding Union Station. Both of those will create thousands of jobs and thousands of opportunities for D.C.-based small businesses.
But I will draw a very bright line when it comes to protecting the civil rights of individuals across the District of Columbia, including the LGBTQ+ community and our vulnerable neighbors like our immigrant neighbors and families who in many cases today are living in the shadows, afraid to leave their homes, afraid to go to work, afraid to walk their kids to school because they’re being snatched off the streets in safe places around schools and places of worship. And it is utterly despicable what Donald Trump has done and how he’s weaponized our federal law enforcement.
Blade: As a follow-up to that, reports surfaced last year that the mayor had to cut the budget for the Office of LGBTQ Affairs for this year by $600,000 because of a large cut in the city’s budget by Republicans in the U.S. House of Representatives. Would you do something to try to restore the funds that were cut from that office?
McDuffie: Absolutely. I will as mayor fully fund the Mayor’s Office of LGBTQ+ Affairs and direct it to proactively identify gaps in city services while also ensuring that the Office of Human Rights has additional resources to vigorously enforce efforts against discrimination across government agencies and within the private sector where it arises. I am a civil rights attorney by training. And I will bring the full force of the District of Columbia government to bear when it comes to protecting the rights of our residents, including especially our vulnerable communities like LGBTQ+ community.
And we’re going to fully fund the Office of LGBTQ+ Affairs and make sure it is doing the work proactively to identify any gaps in services any gaps in resources that are needed to shore up the supports and services to the community. And that’s been my record on the Council, too. As you know, I’ve supported on the Council marriage equality. That I’ve supported helping to repeal D.C.’s anti-surrogacy laws, expanding opportunities for LGBTQ couples.
You know that I’ve supported polices that recognize diverse family structures and co-introduced and passed the birth certificate equality amendment act. I supported efforts to reduce bureaucratic barriers faced by transgender residents. So, that’s the kind of work that I’ve done as a Council member. And as mayor I’m going to really fight and deliver for our LGBTQ+ neighbors to ensure that they’re supported, seen, heard, continue to be woven into the fabric of our city.
Blade: Do you or your campaign have any plans for participating in any LGBTQ Pride events during Pride month?
McDuffie: Oh, we are going to be not only front and center in marching in the Pride parade but being there as a resources to work directly with the organizers to make sure that they have every single thing that they need to build on the strong legacy of Washington, D.C.’s Pride community and all the festivities that are associated with it. I was so proud to stand on the steps of the Wilson Building last year for WorldPride and announce what Washington, D.C. does and how we do it and why we’re so special as a city. And when it comes to supporting Pride this year, I’m going to be right there marching with everybody else and ensuring that the longstanding relationships with the LGBTQ community across the District of Columbia are shown and displayed as our nation’s capital sets the example of what it looks like to really protect the beautiful diversity that we have in our city.
Blade: People have been talking about the poll just released by the Washington Post showing you to be 11 points behind Janeese Lewis George in the race for mayor. Do you have any reaction to that?
McDuffie: Well, what the poll shows is that I have the broadest coalition of support across the District of Columbia. Because I continue to show up and meet residents where they are. That demonstrates whether you are a longtime resident or whether you are Black or white or a member of the LGBTQ+ community. My support in the District of Columbia is deep, and it is broad.
Because I will govern as mayor in the way I have led as a Council member, which is by building the broadest coalition possible, walking across differences and really coming out with solutions to address intractable issues. So, I know that Washington, D.C. has been a national leader when it comes to protecting civil rights and ensuring fairness and justice. And I’ve been one of the people who led on those issues, making our city more racially equitable, more socially just, and more economically inclusive.
Blade: As you know, some of your critics have been trying to link you to the Pepco electric rate increase and for being responsible for higher utility costs. Do you have a response to that?
McDuffie: They try to link me to a number of things that are a part of what is a widespread disinformation campaign much like what we’ve seen on a national level from Trump and other Republicans. I don’t accept it. I think the fact that I’ve been elected four times in the District of Columbia, I demonstrate my ability to work with residents across the District of Columbia to get things done.
When it comes to utilities, I’m going to fight to lower utilities costs for residents, ensuring that we expand renewables and alternative energy sources, recognizing that Janeese Lewis George was the only Council member who voted against expanding solar a couple of years ago. But I’m also going to make sure that we have automatic enrollment for individuals in the District of Columbia who are having trouble paying for the utilities. I will make sure we protect seniors who are feeling a squeeze when it comes to being able to pay for utilities …
And we’re going to make sure that everybody understands why their energy bill is going up and push back against disinformation, so that they understand that a lot of what we’re seeing in increased utility bills, which I also face with my wife, is driven by demand on the regional grid at PJM. It is the data centers that are driving up our costs and lowering supplies. I’m going to hold those data centers accountable to pay their fair share for how they are contributing to the increase in utility costs that residents across the District of Columbia and across the region are seeing on their Pepco bills.
Blade: Thank you for your time. Do you have anything else you may wish to say to conclude your remarks?
McDuffie: Just to be clear that the disinformation campaign that Janeese Lewis George and her supporters are waging is one of the lowest political tactics that we’ve seen in D.C. politics. But she is banking on voters who are not doing their research. And what I know is that D.C. voters are smart. They know me from my work on the Council. And they know I am better qualified on day one to stand up and fight back against Trump to protect home rule and to deliver a city that is safer, that is more affordable and deliver a government that is more accountable and works for residents across the District of Columbia.
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