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Why doesn’t outrage over Arizona translate to ENDA support?

Outcry over vetoed anti-gay bill not inspiring calls for Congress to act

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John Boehner, Ohio, Republican Party, GOP, United States House of Representatives, U.S. Congress, gay news, Washington Blade, Jan Brewer, Arizona

Will U.S. House Speaker John Boehner (R-Ohio) take note of Arizona Gov.Ā Jan Brewer‘s veto of an anti-gay measure and bring up ENDA? (Washington Blade photo of John Boehner by Michael Key; photo of Jan Brewer by Gage Skidmore courtesy of Wikimedia Commons)

Within one week, national outrage over anti-LGBT discrimination was able to kill a controversial “turn away the gay” bill in Arizona, but almost 40 years after an early version of the Employment Non-Discrimination Act was introduced in Congress, the bill still hasn’t become law.

The unprecedented firestorm of opposition leading to Arizona Gov. Jan Brewer’s veto of SB 1062 raises questions about why that energy can’t be harnessed to institute federal protections against the discrimination the legislation would have enabled.

The outcry among LGBT advocates, Republican lawmakers, faith groups and the media against the Arizona bill was widespread. The legislation would have allowed any person ā€” which under the bill could be an individual, a religious assembly or business ā€” to deny services based on a religious belief.

Among Republicans, Sens. John McCain (R-Ariz.) and Jeff Flake (R-Ariz.) urged a veto of the measure. They were followed by surprise calls to reject the measure from former Republican presidential contenders generally known for their opposition to LGBT rights: former Massachusetts Gov. Mitt Romney and former U.S. House Speaker Newt Gingrich.

On the business side, the Arizona Chamber of Commerce opposed the legislation as well as corporate tech giants Apple and Intel. Major companies based in Arizona ā€” U.S. Airways and retailer PetSmart ā€” also called on Brewer to veto the bill. The National Football League even weighed in and, according to a report in Sports Illustrated, reportedly considered moving next year’s Super Bowl XLIX out of Phoenix if the measure became law.

Scott Wooledge, a gay New York-based netroots advocate who sought to get major U.S. companies on the record against SB 1062, said he thinks the “broad and vague” language of the bill is what triggered the massive outcry among businesses.

“Individuals could assert under Arizona law that they have the right to fire their gay subordinate,” Wooledge said. “They could say you hired me and I have this gay executive assistant, and I’m firing him because he offends my religious liberty. What would Intel do under this situation because that would be a violation of their company policy, and their own employees would have the force of law behind them?”

But other religious exemption bills that would enable anti-LGBT discrimination have advanced without as much outcry.Ā In Kansas, the state House approved a measure specifically aimed at allowing businesses to refuse services for weddings. Despite media reports that the measure is dead, at least one advocate on the ground has said he expects action soon in the Senate.

In Mississippi, the Senate passed legislation, SB 2681, which would give businesses a license to discriminate against customers based on personal religious beliefs that is under consideration in the House. Although LGBT advocates have spoken out against these measures, the level of outcry isn’t the same as in Arizona.

A number of observers who spoke to the Washington Blade pointed out an obvious distinction: SB 1062 managed to reach the governor’s desk while others haven’t made it that far.

Lanae Erickson Hatalsky, director of social policy and politics for the Third Way, also said Arizona has a special distinction because it has a reputation for passing controversial bills, such as SB 1070, which allowed law enforcement to ask individuals perceived as being immigrants for registration documents before the measure was struck down by the U.S. Supreme Court.

“Folks in Arizona are particularly sensitive about their state getting a bad rap and losing business after the anti-immigrant legislation caused such an uproar,” Erickson Hatalsky said. “This bill was similarly poorly written and wouldā€™ve allowed a parade of horribles that made it easy to convince businesses and the public that it was a bad idea, especially on top of that current sensitivity about the stateā€™s reputation.”

But the situation in Arizona was striking not just for the outcry over the legislation, but the wall-to-wall coverage from national mainstream media on the bill on networks like MSNBC and CNN.

As Media Matters notes, even Fox News, which has a reputation of shilling for conservatives, aired commentary from conservative analysts in opposition to the bill. Andrea Tantaros, co-host of “The Five,” compared the bill to the racist Jim Crow laws in the South and said she doesn’t know why “you would want to bring Jim Crow laws back to the forefront for homosexuals.”

Cathy Renna, a New York-based public affairs specialist, said the media coverage of the Arizona bill is part of a trend of growing attention to LGBT rights amid rulings from the U.S. Supreme Court on marriage equality.

“We obviously cannot turn on the TV or look at any website, or if people still flip through newspapers, not seeing a story about this,” Renna said. “It’s almost impossible, and it’s creating a whole new level of conversation about the issue of discrimination, and I think it’s really showing how we have a ton of momentum that’s come a long way, but we still have a lot that we need to do.”

Turning Arizona outrage to ENDA

But if a bill that would have enabled discrimination against LGBT people inspired so much angst, why isn’t that same energy helping to advance measures that would protect against this kind of discrimination, at least in employment, at the federal level?

John Aravosis, editor of AMERICAblog, said the distinction is the Arizona bill was a negative anti-gay measure that could have been enacted by Brewer’s signature within a week, and it’s harder to muster the energy to pass a positive law that can be constantly delayed.

“If the president had a week to decide and then ENDA would be dead forever, people might be a little more engaged, and there might be a little more pressure on him,” Aravosis said. “But the negative is always better reality in playing to the grassroots than the positive. It shouldn’t be, but it is.”

Not helping matters is a misconception that federal protections against LGBT people in the workplace are already in place. According to a YouGov/Huffington Post poll made public in October, 69 percent of Americans incorrectly believe firing someone for being gay or lesbian is illegal.

It’s that kind of false understanding thatĀ Erickson Hatalsky said makes people satisfied with the status quo and unwilling to make changes to law as other issues surrounding LGBT rights move quickly.

“If they don’t see a huge problem happening in front of them, they say, ‘Whatever the law is, it must be working,'” Erickson Hatalsky said.Ā “So that really plays to our benefit when it’s an overly broad religious liberty attack like the one in Arizona. It does exactly the opposite when we’re trying to pass affirmative non-discrimination.”

Amid the national outcry over the Arizona bill,Ā President Obama has remained unwilling to sign an executive order barring LGBT discrimination among federal contractors.

White House Press Secretary Jay Carney instead touted the importance of ENDA when asked last week for an update on the directive in the aftermath of the Arizona veto, saying the legislative approach “would be far more comprehensive in its effect.” Still, Carney acknowledged the broad opposition to the Arizona bill.

ā€œAnd it was gratifying to see Americans from all walks of life, including business leaders, faith leaders, regardless of party, speak out against this measure ā€” and itā€™s further evidence that the American people fundamentally believe in equality, and itā€™s time to get on the right side of history,ā€ Carney said.

But Congress has shown no signs of movingĀ forward. Months after the Senate approved ENDA by a bipartisan 64-32 vote, U.S. House Speaker John Boehner held a meeting with the LGBT Equality Caucus and threw cold water on the bill, either saying there’s “no way” ENDA would come this session or it’s “highly unlikely.” Still, those in attendance see an opportunity for a bill to come up after Election Day during the lame duck session of Congress.

Seeking discharge petition, Paul Ryan’s help

The effort to link the discrimination that would have been allowed under the Arizona bill to the need to pass ENDA is daunting, but something observers say can happen.

Wooledge said the situation over the Arizona bill was different than the effort to enact federal workplace protections because there was a singular focus, a veto, and a singular target, Brewer. If supporters settled on a discharge petition as the method to pass ENDA in the House, Wooledge said, the results would be similar.

“I have full confidence that the progressive coalition that coalesced around SB 1062 would do a very similar campaign to persuade legislators both Democratic and Republican to sign the discharge petition, but they don’t want to do that,” Wooledge said. “Human Rights Campaign has never called for a discharge petition, never has the [National] Gay & Lesbian Task Force, so if our own 800-pound gorillas of advocacy don’t want a discharge petition, then Nancy Pelosi is not going to want a discharge petition.”

For Erickson Hatalsky, Arizona demonstrated the importance of having Republican, business and faith leaders on board with an LGBT measure, and said those efforts should continue with ENDA. One way, she said, is getting Ā Republican star Rep. Paul Ryan (R-Wis.), who voted for ENDA in 2007, to vocalize renewed support.

“I think we’ve only had Jeff Flake and John McCain and those other Republican senators on ENDA for a few months,” Erickson Hatalsky said. “That was a huge step that we’ve taken in the past year, so we just have to keep building on it and make the case to John Boehner that it’s in his best interest to get on board.”

Instead of the Arizona bill, Aravosis said supporters of federal non-discrimination protections should look to the path that led to repeal of “Don’t Ask, Don’t Tell,” when gay discharged troops brought their stories to the media.

“With ENDA, if we had stories coming out every day, gays in the military…been screwed again today, we’d probably be more successful,” Aravosis said. “That’s the battle to compare it to because we had stories almost every day of these nice people losing their jobs. The folks getting paid to do ENDA are not putting out those stories every day.”

The extent to which national LGBT organizations will draw on the controversy to advance ENDA isn’t yet clear. Freedom to Work didn’t immediately respond to the Washington Blade’s request for comment.

Dan Rafter, spokesperson for the Human Rights Campaign, said his organization intends to carry the outrage over the Arizona bill to the table in engagement over ENDA.

“Bills like SB 1062 illustrate how vulnerable LGBT people remain when it comes to facing discrimination – be it in their workplace or their communities,” Rafter said. “But the backlash to the bill, including from Republicans and big business, illustrates the incredibly broad support for workplace protections. We are absolutely going to continue elevating that message as we work to build support for ENDA in the House by continuing our engagement with members all across the country.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, said in a statement to the Blade the veto of the Arizona bill itself demonstrates the time has come for Congress to act on ENDA.

“America is against discrimination but the public thinks protections areĀ already in the law,” Carey said. “The effort to successfully reject ArizonaĀ¹s SB 1062Ā spotlights the lack of federal LGBT anti-discrimination legislation, sendsĀ a clear Ā message that extremism is totally unacceptable to people of allĀ political persuasions, and highlights the urgent need for the House toĀ take up and pass ENDA.”

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, ā€œIt is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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Congress

Sarah McBride named House Democratic deputy whip for policy

House Republicans escalate transphobic attacks against her

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U.S. Rep. Sarah McBride (D-Del.) (Washington Blade file photo by Michael Key)

House Minority Whip Katherine Clark (D-Mass.), the second highest-ranking Democrat in the lower chamber, has selected newly seated freshman U.S. Rep. Sarah McBride (D-Del.) to serve as her deputy whip for policy.

The high profile role will involve “strategic, long-term planning, and coordination on policy,” according to a press release from McBride’s office announcing the appointment.

ā€œMy number one priority in Congress is helping to lower costs facing Delawareans and American families,ā€ the congresswoman said. ā€œWe can do this by guaranteeing paid family and medical leave, lowering the cost of childcare and restoring the child tax credit.”

McBride added, “I look forward to working alongside my Democratic colleagues to prioritize common sense solutions to making it more affordable to raise a family. Iā€™m grateful to Democratic Whip Katherine Clark for this opportunity and for her steadfast leadership and mentorship.ā€

In a statement on X, she said, “I’m thrilled to be named a deputy whip for Policy in the 119th Congress, advising House Democratic Leadership on policy priorities and plans for our caucus. Just as I was in the state Senate, I remain focused on lowering the cost of housing, health care, child care, and helping families make it through the inevitable challenges of life.”

Last week, McBride became the first freshman Democrat to introduce a bill, together with U.S. Rep. Young Kim (R-Calif.), which targets scams by companies that take large fees from consumers in exchange for “empty promises” to improve their credit scores.

When serving in the Delaware state senate, McBride sponsored the Healthy Delaware Families Act, which was signed into law in 2022 and allows Delawareans to take a 12-week paid family or medical leave, receiving up to 80 percent of their current wages.

“Care infrastructure” will remain a major focus for the congresswoman’s work moving forward, along with policies in areas like investment in green technologies, Medicare reforms, expanding access to quality health care including reproductive care, empowering labor unions, gun violence prevention, and more.

The congresswoman worked on Beau Biden’s campaign for Delaware attorney general in 2010, and in the years since has maintained a close personal relationship with President Joe Biden and the Biden family. (Beau, the president’s eldest son, died of glioblastoma in 2015.)

House Republicans escalate their transphobic attacks against McBride

McBride is transgender, becoming the first trans speaker to address a major party convention in 2016, the trans state senator with her first election to public office in 2020, and the first trans member of Congress with her election to represent Delaware’s at-large congressional district in 2024.

While she has not shied away from acknowledging the significance of her position as the first and the only voice in Congress representing her community, McBride has repeatedly emphasized that she did not run for office to be ā€” as a recent profile in the Washington Post put it ā€” “a symbol, or a spokesperson, or the first anything.”

Her focus, rather, is on delivering results for her constituents in Delaware.

ā€œIā€™m here to be a serious person,ā€ she told the Post. ā€œAnd if there are people here who donā€™t want to be serious, then they can answer to their constituents.ā€

McBride’s arrival in Washington comes as national Republicans have made anti-trans policy and legislation a greater priority than ever before, while transphobia and the use of transphobic hate speech by conservative elected leaders escalates into dangerous territory.

Responding to the news of McBride’s appointment to lead policy development for her party under the Democratic whip, U.S. Rep. Marjorie Taylor Greene (R-Ga.) said, in a post on X, “Democrats just put a mentally ill congressman, who parades himself as a congresswoman to thrill his disturbing sexual fetishes, in charge of democrat policies.”

The bigoted attacks by House Republicans began before the first transgender member of Congress was even seated, from deliberate misgendering and the use of her birth name to the proposal barring trans women from women’s restrooms in the Capitol building, which was drafted by U.S. Rep. Nancy Mace (R-S.C.) in direct response to McBride’s election and subsequently enacted by House Speaker Mike Johnson (R-La.).

Before she was elected, McBride sought to mitigate the risk that her use of public women’s bathrooms on the Hill might draw unwanted attention or interest, privately making arrangements with Democratic leadership to instead use facilities in the Capitol suites reserved for Clark and Minority Leader Hakeem Jeffries (R-N.Y.).Ā 

Mace introduced the bathroom ban on Nov. 19 and, in the days and weeks since, availed herself of every chance to discuss the matter with Capitol Hill reporters, on cable news programs, and on her X account ā€” where, according to Newsweek, the congresswoman had published 326 posts or replies about the resolution within just the first 72 hours.

Last month, Mace filmed herself reading the Miranda warning with a megaphone to activists who were arrested for staging a demonstration against her bathroom rule outside Johnson’s office, later sharing the video on X mocking the protestors with an anti-trans slur.

McBride declined to comment or engage beyond saying that she would comply with the policy. In response to criticism that she ought to have pushed back more forcefully, she told NBC News, ā€œThe point of this bathroom ban was to bait me into a fight, was to diminish my capacity to be an effective member of Congress by turning me into a caricature.ā€

ā€œI refuse to give them that opportunity or that response that they seek,” McBride said, adding that allowing herself to be baited would “not do the trans community any good” either. “That is what they want. There is power in not giving people what they want.ā€

This week, a video from 2019 in which McBride is seen reading to students in a classroom and leading a discussion about the importance of respecting their gender diverse peers was circulated on X by the anti-LGBTQ account Libs of TikTok.

Mace responded in a post that began by proclaiming “she is a he” and asserted without evidence that McBride “appears to be grooming young children” for sexual abuse, while Greene falsely accused her Democratic colleague of being a “groomer” and “child predator.”

As an anti-trans/anti-LGBTQ moral panic has taken hold in the U.S. and escalated over the past few years, conservatives including several U.S. lawmakers have revived the dangerous and baseless lie that trans people and gay people are inclined toward pedophilia or child sexual abuse or “grooming,” which refers to the practice of priming a victim, usually a minor, for sexual abuse or exploitation.

Experts, including organizations like the Rape, Abuse and Incest National Network, say this rhetoric can put children at greater risk by stealing the focus away from efforts to identify actual cases of abuse while also diminishing the experiences of survivors.

This specific form of transphobic and homophobic hate speech was more common in the 1970s and 80s but until recently was considered out of bounds for mainstream political discourse.

McBride so far has not addressed the posts from Mace and Greene. Her office did not respond to a request for comment on the matter last week.

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Virginia

Arlington man arrested for arson at Freddie’s Beach Bar

Suspect charged with setting fires at two other nearby restaurants

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Timothy Clark Pollock (Photo courtesy of the Arlington County Fire Department)

The Arlington County Fire Department announced on Jan. 16 that an Arlington man has been arrested on three counts of arson for at least three fires set at restaurants on the same block on South 23rd Street, including Freddieā€™s Beach Bar and Restaurant, which is a gay establishment.

A statement released by the fire department says a warrant for the arrest of Timothy Clark Pollock was issued on Jan. 15 and that Clark was apprehended by Alexandria police on Jan. 16 at approximately 6:54 a.m. It says he was transferred into the custody of fire marshals and the Arlington Police Department.

Fire department officials have said the fires that Pollock allegedly set took place between 5 a.m. and 5:30 a.m. on Thursday, Jan. 9, on the 500 block of South 23rd Street in the Crystal City section of Arlington.

Freddie Lutz, owner of Freddieā€™s, said the front door of his establishment was set on fire with what appeared to be a flammable liquid such as lighter fluid. The door was partially blackened by the fire, but the restaurant itself did not catch fire, Lutz said.

Fire department officials said the other two nearby establishments hit by small fires around that same time were the Crystal City Sports Pub and McNamaraā€™s Pub and Restaurant.

Lutz told the Washington Blade that the fire at Freddieā€™s took place the day before and the day after Freddieā€™s received a threatening phone call from what sounded like the same unidentified male caller.

ā€œHe said Iā€™m going to fuck you up and Iā€™m going to fuck the women up,ā€ Lutz said the person told Freddieā€™s manager, who answered the two calls.

Lutz speculated that the caller could have been the same person who started the fire at Freddieā€™s and possibly the other two restaurants.

The short statement by the Arlington County Fire Department announcing the arrest did not say whether fire and police investigators have determined a possible motive for the fires. The statement says Pollock was being held without bond and that he is ā€œalso facing additional charges for unrelated crimes, which remain under investigation.ā€

The online news Arlington news publication AR Now reports that a Facebook account associated with Timothy C. Pollock includes a photo from inside Freddieā€™s posted on Facebook on Dec. 21.

Lutz confirmed for the Blade the photo clearly one that was taken inside Freddieā€™s showing Christmas decorations, leading Lutz to believe that Pollock has been inside Freddieā€™s at least once if not more than once.

Photos of Timothy C. Pollock on that personā€™s Facebook page appear to be the same Pollock as that captured in the mug shot photo of Pollock released by the Arlington County Fire Department on Jan. 16.

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