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HISTORIC: Senate votes to advance trans-inclusive ENDA

By vote of 61-30, senators start debate on pro-LGBT job bias bill

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Employment Non-Discrimination Act, United States Senate, gay news, Washington Blade, ENDA, Mark Pryor, Democratic Party, Joe Manchin
Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

The U.S. Senate invoked cloture on the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

In another milestone moment in the pursuit of equal rights for LGBT Americans, the U.S. Senate voted by a narrow margin on Monday to bring to the floor the Employment Non-Discrimination Act.

By a vote of 61-30, senators invoked cloture on the legislation as Sen. Mazie Hirono (D-Hawaii) presided. The vote enables up to 30 hours of debate and amendments before a vote for final passage, which is expected Wednesday.

The 54 Democrats who voted for ENDA, whose chief sponsor is Sen. Jeff Merkley (D-Ore.), consisted of the Democrats who co-sponsored ENDA as well as Sens. Cory Booker (D-N.J.), Joe Manchin (D-W.Va.) and Mark Pryor (D-Ark.). Sen. Claire McCaskill (D-Mo.), an ENDA co-sponsor, didn’t vote.

On the Republican side, additional votes came from Sens. Kelly Ayotte (R-N.H.), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.). Other votes came from Sens. Orrin Hatch (R-Utah), who voted for the bill in committee, and Sen. Dean Heller (R-Nev.), who articulated his support earlier in the day. Sen. Lisa Murkowski (R-Alaska), who also voted for ENDA in committee, didn’t vote.

Tammy Baldwin, gay news, Washington Blade, Employment Non-Discrimination Act, United States Senate, Democratic Party, Wisconsin

Sen. Tammy Baldwin (D-Wis.) addressed reporters following the vote. (Washington Blade photo by Michael Key)

Including the Republican original co-sponsors of ENDA — Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.) — the bill had seven Republican votes. As he indicated he would, Sen. Jeff Flake (R-Ariz.) voted “no” after entering the Senate chamber following Sen. Tammy Baldwin (D-Wis.), apparently after a conversation with her.

As the vote took place, there were concerns there would be insufficient votes to invoke cloture on ENDA because of Murkowski’s absence, but Portman and Toomey, after intense conversations with colleagues, entered the Senate chamber just before the vote was called to vote “yes.”

The roll call of the vote for cloture on ENDA can be found here.

Prior to the vote, lawmakers who support the legislation spoke out in favor of the bill, touting it as a means of advancing equal opportunity and the “American Dream.”

Senate Majority Leader Harry Reid (D-Nev.) said ENDA is necessary because discriminating against gay workers is legal in 29 states and for being transgender in 33 states.

“The patchwork of state laws excludes tens of millions of Americans from basic protection against discrimination,” Reid said. “It is simply not good enough. It is [time to] pass a federal law that ensures all Americans regardless of where they live can go to work unafraid to be who they are. As long as hardworking, qualified Americans can be denied job opportunities, fired, or harassed because of their sexual orientation or gender identity, all workers are at risk.”

Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee from which the legislation originated, said passage of ENDA would say LGBT Americans “deserve the same civil rights protections as all other Americans.”

“We are here because, even though most Americans believe firing or refusing to hire someone based their sexual orientation is illegal, they are incorrect,” Harkin said. “The majority of Americans, more than 56 percent, live in states where it is perfectly legal to fire someone or to refuse to hire them because of who they are, a lesbian, gay, bisexual or transgender citizen.”

Amid concerns that the religious exemption is too broad and calls from some LGBT advocates for lawmakers to speak out against it, Harkin said the language is necessary to ensure bipartisan support.

“This is a compromise that has been hard for strong advocates of civil rights and civil liberties, including me, to accept,” Harkin said. “But it is an exemption that has helped to persuade some members of strong faith that ENDA should become law. I would point to my friend Sen. Hatch, who supported this bill in committee, as just one important example of senators who are satisfied that this exemption serves to reconcile the strictures of their faith with fundamental fairness in the workplace.”

Sen. Tammy Baldwin (D-Wis.), the only openly gay member of the Senate, said she understands some lawmakers may have political difficulties in supporting the legislation, but encouraged her colleagues to stand on the right side of history.

“I realize that for some, this is not an easy vote,” Baldwin said. “I understand that for some they may believe that it’s not good politics. But I want to say that I have a deep respect for those who choose to stand on the side of progress for our country this week. So for those that stand up this week and answer the call for courage, I can say with confidence your courage will be respected and remembered when this struggle is written.”

Sen. Mark Kirk (R-Ill.), a Republican and original co-sponsor of ENDA, spoke on the Senate floor for the first time in two years after suffering a stroke.

“I have been silent for the last two years due to a stroke a little under two years ago,” Kirk said. “I have risen to speak because I’m so passionate in enacting the ENDA statute.”

It’s the first time a version of ENDA with transgender protections has come to the floor of either chamber of Congress. In 2007, controversy ensued after gay former Rep. Barney Frank dropped the transgender provision from the bill over the concern an inclusive bill couldn’t be passed.

Mara Keisling, executive director of the National Center for Transgender Equality, said the cloture vote on ENDA is “an important step” toward ensuring workplace fairness for everyone, including transgender workers.

“Tonight’s procedural vote is an important step toward making sure our country gives every worker, including transgender workers, the same chance at having security at work and caring for the ones they love,” Keisling said. “The Employment Non-Discrimination Act does just that.”

It’s also the first time the Senate has considered ENDA since 1996, when the bill came to the floor as part of a deal to consider the Defense of Marriage Act and failed by one vote.

The cloture vote is also significant because the 60-vote threshold necessary to overcome a filibuster is higher than the simple majority needed for final passage. It means the legislation is almost certain win final approval in the Senate.

Amendments are expected in the coming days. After his “yes” vote on cloture, Portman announced he’ll introduce an amendment that would prevent retaliation against religious organizations and make changes to the introductory section that highlight and explain the importance of religious liberty.

White House Press Secretary Jay Carney praised lawmakers for voting for cloture on the legislation, saying President Obama welcomes the bipartisan support for the bill.

“He thanks the lawmakers from both sides of the aisle who have stood up for America’s core values of fairness and equality, and looks forward to the Senate’s consideration of ENDA,” Carney said. “He also encourages lawmakers to ensure that the legislation remains true to its goals as it is considered.”

LGBT advocates praised the vote on ENDA as a milestone moment in anticipation of additional debate that will take place in the days to come.

Chad Griffin, president of the Human Rights Campaign, said the cloture vote indicates the time has come for ENDA’s passage.

“Today we saw American democracy in action with the U.S. Senate finally following the will of a diverse and bipartisan collection of Americans calling for workplace fairness,” Griffin said. “With a super majority of Senators, more than 100 major American companies, and more than two-thirds of Americans all standing proudly in support of ENDA, there is tremendous momentum behind this common-sense bill. ENDA’s time has come, and we’re not going to stop fighting until it is passed once and for all.”

Tico Almeida, president of Freedom to Work, drew attention to the bipartisan support the legislation won on the Senate floor.

“The U.S. Senate has taken a historic step toward ensuring that gay and transgender Americans have the same workplace protections that give all Americans a fair shot to succeed on the job,” Almeida said. “Today’s strong bi-partisan vote total for the Employment Non-Discrimination Act reflects that majorities of Americans from both parties believe nobody should get fired or harassed just because of who they are or whom they love.”

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2 Comments

2 Comments

  1. EL DORADO

    November 4, 2013 at 10:15 pm

    This is great for symbolism but if Boehner and the GOP won’t even allow it to get a fair up and down vote in the House what does it really achieve? This should have happened while Pelosi was Speaker. What a sad missed opportunity.

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World

Gay man who live-streamed anti-government protests in Cuba detained

Yoan de la Cruz taken into custody on July 23

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Yoan de la Cruz is a gay man who live-streamed the first videos of the anti-government protests in Cuba that took place on July 11, 2021. (Photo courtesy of Twitter)

A gay man who live-streamed the first anti-government protest that took place in Cuba on July 11 has been detained.

Luis Ángel Adán Roble, a gay man who was once a member of Cuba’s National Assembly, in a July 28 tweet wrote Yoan de la Cruz used Facebook Live to livestream a protest in San Antonio de los Baños, a municipality in Artemisa province that is just outside of Havana.

The San Antonio de los Baños protest was the first of dozens of anti-government demonstrations against mounting food shortages, the government’s response to the pandemic and a worsening economic crisis that took place across Cuba on July 11.

Cubalex, a U.S.-based Cuban human rights organization, confirms authorities detained De La Cruz on July 23. The Blade has not been able to confirm De La Cruz’s current whereabouts.

“Yoan is the man who live-streamed the July 11 protests from San Antonio, nothing else,” tweeted Adán. “They took him from his house a few days ago and he is being accused of ‘incitement of the masses.’ Free Yoan, he did not commit any crime!”

The Washington Blade has confirmed De La Cruz is gay.

Vida Bohemia, a drag queen who is De La Cruz’s friend, also demanded de la Cruz’s release.

“If he didn’t throw a stone, (if) he didn’t break glass, (if) he didn’t hit anyone, (if) nobody yelled down below, please let him go,” Bohemia told 14ymedio, a website founded by Yoani Sánchez, a journalist who is a vocal critic of the Cuban government. “He has a mother, a grandmother, a family and thousands of friends suffering.”

Maykel González Vivero, editor of Tremenda Nota, the Blade’s media partner in Cuba, is among the hundreds of people who were arrested during the July 11 protests. The New York Times reports that De La Cruz is among the estimated 700 people who remain in custody.

Thousands Cuban Americans gathered in front of the White House on July 26 to demand the Biden administration do more to support the protesters on the island. They later marched to the Cuban Embassy.

The White House under the Global Magnitsky Act has sanctioned Cuba’s National Revolutionary Police (PNR), the Interior Ministry Special Brigade, Defense Minister Álvaro López Miera, PNR Director Oscar Callejas Valcarce and PNR Deputy Director Eddie Sierra Arias for their role in the government’s crackdown on the July 11 protests. Yotuel Romero, a Cuban singer who co-wrote “Patria y vida!”, a song that has become an anthem for anti-government protesters, is among those who met with President Biden at the White House on July 30.

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National

FBI joins investigation into murder of LGBTQ Atlantan

Atlanta Police continue to search for the suspect in the deadly stabbing of a woman asking that anyone with information to please come forward

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Katie Janness and her dog Bowie via Facebook

ATLANTA – The Atlanta Police Department’s murder investigation into this past Wednesday’s stabbing death of 40-year-old Katie Janness and her dog in Piedmont Park, located about 1 mile northeast of downtown between the Midtown and Virginia Highland neighborhoods, has been joined by the Federal Bureau of Investigation, (FBI).

WXIA 11 Alive news reported that the FBI is assisting the Atlanta Police Department, (APD) however a spokesperson for the APD told WXIA the department wouldn’t provide any specifics about the FBI’s involvement with the investigation, nor did the Atlanta Field Office of the FBI comment. 

The Georgia Voice, the local LGBTQ newspaper, reported that Janness, a member of Atlanta’s LGBTQ community and a bartender at the LGBTQ-owned Campagnolo, was found stabbed to death in the park on Wednesday (July 28) after walking her dog Bowie, who was also killed.

Janness was found by her partner of six years, Emma Clark, after Clark tracked her with her phone’s GPS.

“Today, I lost the love of my life and baby boy,” Clark said in a post shared to a GoFundMe page. “It was tragic. She was the most intelligent, kind, humble, and beautiful person I have ever known. I wanted to spend every second with her. [Bowie] was the sweetest, most loyal companion. My heart is so very broken, my world will never be the same.”

A vigil was held for Janness on Thursday evening at Piedmont Park.

Atlanta Police continue to search for the suspect in a deadly stabbing of a woman in Piedmont Park

The Atlanta Journal-Constitution reported that Janness’ murder is believed to be the first homicide inside the park in 12 years and according to family members of Janness’ longtime girlfriend, a security camera at an intersection near the park’s entrance captured the last known picture of Katherine Janness and her dog before the two were killed.

But other cameras in the area weren’t working, including one facing the entrance. As of Friday the AJC also reported, as of Friday afternoon, Atlanta police had released few details about the murder investigation that has left city residents and parkgoers on edge.

Atlanta Police are asking that anyone with information to please come forward, and tipsters can remain anonymous by contacting Crime Stoppers Atlanta at 404-577-8477, texting information to 274637 or visiting the Crime Stoppers website.

APD detectives are also asking those who live in this area to review footage from their security cameras and contact the police if they find anything that may be pertinent to this investigation. The timeframe for review should be between 10:30 p.m. on Tuesday to 1:30 a.m. on Wednesday.

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Politics

Out for America; nearly 1,000 elected LGBTQ+ officials but more needed

Lack of representation has consequences, as LGBTQ elected officials are best positioned to defend against anti-LGBTQ legislative attacks

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Victory Institute Out for America report cover Image of Delaware State Senator Sarah McBride (D First District) being sworn in to office

WASHINGTON – In its annual report the Washington D.C. based LGBTQ Victory Institute noted that there had been an increase of 17 percent in the past year of LGBTQ Americans serving as elected officials. According to the data in the Out for America 2021 report released this past week, there are 986 known out LGBTQ elected officials in the United States.

The Victory Institute reported that total included two U.S. senators, nine U.S. representatives, two governors, 189 state legislators, 56 mayors and six statewide executives. While this is considered a large increase, LGBTQ people hold just 0.19 percent of elected positions in the United States, despite making up at least 5.6 percent of the U.S. adult population.

Americans must elect 28,116 more LGBTQ people to public office for LGBTQ people to achieve equitable representation (serving in 5.6 percent of elected positions) the report went on to note.

KEY FINDINGS:

The report found that in the past year (between June 2020 and June 2021):

  • LGBTQ elected officials of color increased by 51 percent, with Black LGBTQ elected officials growing at the fastest pace (a 75 percent increase);
  • Trans women elected officials increased by 71 percent (from 21 to 36), yet trans men saw no increase (with just five serving nationwide);
  • Queer-identified elected officials increased by 83 percent, faster than all other sexual orientations; and
  • LGBQ cisgender women state legislators surpassed the number of GBQ cisgender men state legislators for the first time.

The report also found that:

  • LGBTQ elected officials are significantly more racially and ethnically diverse than the overall elected official population, but are less diverse than the U.S. population;
  • Mississippi is the only state in the nation with zero known out LGBTQ elected officials serving;
  • 23 states have transgender elected officials serving and 29 states have non-cisgender elected officials;
  • LGBTQ people are equitably represented among mayors of top 100 cities for the first time (with six), but are underrepresented among mayors overall and in all other public positions; and that
  • 84 percent of LGBTQ elected officials are Democrats and just three percent are Republicans.

In an emailed statement, former Houston, Texas Mayor Annise Parker, who currently serves as the President & CEO of LGBTQ Victory Institute reflected, “While LGBTQ elected officials are growing steadily in number, at this pace it will still take decades to come anywhere close to achieving equitable representation in government.” 

Parker went on to note, “This lack of representation has enormous consequences, because LGBTQ elected officials are best positioned to defend against anti-LGBTQ legislative attacks and to change the hearts and minds of colleagues in supporting inclusive policies. A moonshot effort to increase our numbers is essential to advancing equality at every level of government – and a large part of that is showing LGBTQ people that running for office is our best bet to achieve lasting social change.”

In addition to changes in representation over the last year, the report also looks at trends since the first Out for America report was released in November 2017. In that time, LGBTQ elected officials increased by 121 percent (from 448 to 986) overall, and LGBTQ elected officials of color increased by 201 percent (from 92 to 277). 

Since November 2017, there is a 296 percent increase in Black LGBTQ elected officials (from 23 to 91), 135 percent increase in Latinx LGBTQ elected officials (from 51 to 120) and a 117 percent increase in Asian American and Pacific Islander elected officials (from 12 to 26). Trans women increased by 800 percent (from four to 36) and bisexual elected officials by 787 percent (from eight to 71).

“LGBTQ elected officials are significantly more diverse than the overall elected official population – so their impact extends beyond LGBTQ equality alone,” said Ruben Gonzales, Executive Director of LGBTQ Victory Institute. “LGBTQ elected officials are on the frontlines in legislative efforts to end police brutality, defend voting rights and secure inclusive healthcare reform. LGBTQ people are represented in every community in America and that diversity allows for more thoughtful policy changes when we are in office.”

The Out for America report is an annual analysis of LGBTQ elected representation in government based on Victory Institute’s LGBTQ elected officials database – the largest and most comprehensive listing available. The interactive Out for America map, updated daily, displays all known LGBTQ elected officials and is available at outforamerica.org.

Read the full Out for America 2021 report at victoryinstitute.org/out-for-america-2021.

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