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Carney fires back at Boehner over ENDA

Despite resistance in House, Carney says enough votes to pass LGBT anti-bias bill

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White House Press Secretary, Jay Carney, Gay News, Washington Blade
White House Press Secretary, Jay Carney, Gay News, Washington Blade

White House Press Secretary, Jay Carney says the votes are present in the House to pass ENDA (Washington Blade file photo by Damien Salas).

White House Press Secretary Jay Carney fired back Friday at House Speaker John Boehner (R-Ohio) for comments he made against the Employment Non-Discrimination Act, but maintained that President Obama will continue the legislative track for non-discrimination protections for LGBT workers as opposed to an executive order.

Under questioning from the Washington Blade on whether President Obama would reconsider the heavily sought directive in the wake of Boehner’s comments, Carney said the speaker’s comments in opposition to ENDAĀ of course, are “of course, disappointing.”

“I think that those who oppose this legislation are taking the wrong position, and they’re taking a position that, I think, history will prove to be wrong as has been the case in seminal civil rights legislation throughout our history in this country,” Carney said. “Basic equality is fundamental to who we are as a nation, and our history is, in part, a story of efforts and struggles to reach that ideal where equality is not only an aspiration, but a fact. The Employment Non-Discrimination Act is a piece of that story, and it ought to be passed by Congress, passed by the House as it was by the Senate because this president will it into law.”

Carney was responding to remarks that Boehner gave during his weekly news conference in which he said he sees “no basis or no need” for ENDA, which would bar employers from discriminating against LGBT employees, when by the Blade if he would allow a floor vote on the bill.

Additionally, Carney also said the White House is among the supporters of ENDA who think that the legislation would pass on the House floor if Republican leadership bring it up for a vote.

“We are not at all yet to ready to believe that the fight is over in the House because it is the president’s strong conviction that this is right thing to do, and that the arguments against it do not hold up to scrutiny or the test of history, so we’re going to keep fighting for the House to take it up and urging the House to take it up,” Carney said. “We believe that if it were given a vote on the floor that it would pass, and that Democrats and Republicans would vote ‘yes’ and the president would sign it into law, and we believe, as you and I have discussed over these past many months and years, that that is the best solution here, and we’re continue to fight for it.”

By saying the White House believes ENDA has the votes to pass if he reached the House floor, Carney positions himself with Senate Majority Leader Harry Reid (D-Nev.), Rep. Jared Polis (D-Colo.), House Minority Leader Nancy Pelosi (D-Calif.), Sen. Jeff Merkley (D-Ore.) and the Human Rights Campaign.

Asked by the Blade whether Obama would at least threaten to issue the executive order if House Republican leadership continues to hold up ENDA, Carney maintained the focus of the White House is on legislation.

“I think that we’re focused on getting this legislation passed right now, Chris, and for the reasons I just discussed, we believe that resistance to it will eventually fall away because the rightness of it will prevail,” Carney said.

Watch the video here:

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Congress

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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Virginia

Norfolk transgender resource center vandalized

Anti-trans graffiti spraypainted onto Southeastern Transgender Resource Center’s windows

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Southeastern Transgender Resource Center (Image courtesy of the Southeastern Transgender Resource Center)

The Norfolk Police Department is investigating the vandalism of a transgender resource center’s building.

Tarena Williams, founder of the Southeastern Transgender Resource Center, told WAVY that someone spraypainted anti-trans graffiti on the windows of her organization’s offices on Sunday or Monday morning. Williams told the Hampton Roads television station that seeing the messages was like “walking into hell.”

ā€œI opened up STRC, even the Lamina House,ā€ she told WAVY. ā€œI opened up that to get away from those types of words. This is a place you can come to get away from that, but to see that sprayed over the window. Itā€™s kind of like you are walking into hell. ā€¦ To be honest, I was like in shock.ā€

Authorities are investigating the vandalism.

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National

Guatemalan LGBTQ activist granted asylum in US

Estuardo Cifuentes fled country in 2019

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Estuardo Cifuentes outside a port of entry in Brownsville, Texas, on March 3, 2021, shortly after he entered the U.S. (Photo courtesy of Estuardo Cifuentes)

The U.S. has granted asylum to a Guatemalan LGBTQ activist who fled his country in 2019.

Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City. 

He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.

Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.

Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.

The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.

Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.

The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.

“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”

Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.

Cifuentes is now the client services manager for Lawyers for Good Government’s Project CorazĆ³n, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ asylum seekers and migrants.

“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”

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