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New book on marriage equality assailed as ‘travesty’

HRC’s Griffin compared to Rosa Parks, hailed as savior while other leaders disparaged, omitted

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Human Rights Campaign President Chad Griffin is lionized in “Forcing the Spring” for his role in the marriage movement. (Blade file by Michael Key)

A new book on the advancement of marriage equality and the lawsuit that overturned Proposition 8 is stirring controversy over its lionization of HRC President Chad Griffin and its depiction of the federal lawsuit he helped initiate against the California ban.

The book, “Forcing the Spring,” was written by Jo Becker, a New York Times journalist who was embedded with Griffin and the Prop 8 team as their lawsuit moved forward. The book hit shelves on Tuesday, but has already incurred the ire of many in the LGBT movement who say it heaps too much praise on Griffin and ignores others who led the marriage equality effort for decades.

The notion that Griffin, a board member of American Foundation for Equal Rights, is the hero who saved the marriage equality movement pervades the 437-page work.

One part of the book that addresses his move to D.C. in 2012 to become head of the Human Rights Campaign includes a farewell discussion in which fellow AFER board member Rob Reiner says of Griffin, “If there ever is going to be — and there will be at some point — the first gay president, you’re looking at him.”

As noted by gay blogger Andrew Sullivan in his tirade against the book, “Forcing the Spring” opens with a comparison of Griffin and civil rights icon Rosa Parks, saying a revolution begins when someone “grows tired of standing idly by” against the tide of injustice.

“It begins when a black seamstress named Rosa Parks refuses to give up her seat on a bus to white man in the segregated South,” Becker writes. “And in this story, it begins with a handsome, bespectacled thirty-five-year old political consultant named Chad Griffin, in a spacious suite at the Westin St. Francis hotel in San Francisco on election night 2008.”

It’s this comparison between Griffin and the iconic figure of the black civil rights movement that Sullivan, who helped pioneer the idea of same-sex marriage in the 1990s, says is only the start of “jaw-dropping distortion” throughout the book.

Andrew Lane, a prominent New York-based gay donor, called the book a “travesty” and said Becker knew that was the case as she was putting the book together.

“She chose to give us a shallow and incomplete history that fetishizes the role of celebrities and PR hacks and either trashes or ignores the real heroes who fought for years to help make the moment possible,” Lane said. “That vapid gay men are attempting to re-write history by centering themselves is not news. That they conscripted a New York Times reporter to do the heavy lifting for them certainly is.”

HRC didn’t respond to multiple requests for comment on the perception that Griffin and the Prop 8 case are given undue credit in the book for their role in the marriage equality movement.

A significant portion of the book is devoted to the behind-the-scenes action leading to President Obama’s announcement in favor of marriage equality in 2012. Although Obama campaigned in 2008 in opposition to same-sex marriage (despite supporting it in 1996), he later said he could evolve on the issue, leading to his announcement in favor of same-sex marriage during his re-election campaign.

According to the book, when Vice President Joseph Biden appeared to endorse same-sex marriage on NBC’s “Meet the Press” just days before Obama’s announcement, the White House reacted furiously. In a chain of emails sent through the White House, senior adviser to the president Valerie Jarrett through an intermediary accused Biden of “downright disloyalty.”

Griffin gets credit as a key voice for moving these evolutions forward. A passage in the book recounts Griffin briefly asking the president during a fundraiser, “How can we help you evolve more quickly?” Obama gave a non-committed response, but pointed to his work on “Don’t Ask, Don’t Tell” repeal and the Defense of Marriage Act as evidence of his commitment to LGBT rights.

Further, it recounts Griffin attending a Los Angeles fundraiser with Biden prior to his appearance on “Meet the Press.” After Griffin asked Biden what he really thinks about marriage equality, the vice president said being against it in the future will be a “political liability.” A top Biden aide is quoted as saying it was a moment when “his hard drive got erased.”

John Aravosis, editor of AMERICAblog, criticized the depiction of Griffin as being a driving factor in Obama’s evolution, especially because others who contributed to the effort — like his own blogger who got Obama to say he could evolve on marriage — are absent from the book.

“I had high hopes for Chad taking over HRC, and said so publicly, but I don’t honestly know what Chad did to get the president to evolve on marriage,” Aravosis said. “You wouldn’t know it from Jo Becker’s self-proclaimed ‘definitive account’ of the gay marriage battle these past five years, but the president used that word in response to a question from then-AMERICAblog deputy editor Joe Sudbay, who questioned the president in the White House in October of 2010. Becker gives neither Joe, nor AMERICAblog, any credit, for the now-famous answer.”

Also depicted as contributing to Obama’s evolution on marriage is Ken Mehlman, the former head of the Republican National  Committee who came out as gay in 2010. Mehlman attended Harvard with Obama, so the two had known each other for decades.

According to the book, Mehlman e-mailed Obama senior adviser David Plouffe some talking points and suggested soft lighting for the interview and that it be conducted by a female reporter (it ended up being Robin Roberts of “Good Morning America,” who was closeted at the time).

It’s not the first time the events leading up to Obama’s announcement in favor of same-sex marriage have been reported. The 2013 book “Double Down,” which chronicles Obama’s re-election campaign, also discusses the lead-up to the endorsement. The book similarly recounts the fervor in the White House after Biden’s words on “Meet the Press” and Mehlman’s advice to Obama for his interview, although Griffin makes no appearance in that narrative.

While praising Griffin, the book doesn’t present as favorable an image of other leaders in the marriage equality movement. Among them is Evan Wolfson, president of Freedom to Marry, who spoke out on marriage equality when it was much less popular — even among LGBT rights groups — in the 1990s.

One portion of the book disparages Wolfson for having unkind words for “Milk” screenwriter and AFER board member Dustin Lance Black after he pledged in his Oscar acceptance speech that equal rights will come very soon for gay people across America.

“Wolfson had berated the younger man over his Oscar speech, explaining as though to a willing but ignorant child his ongoing, twenty-five year plan to build support for marriage equality,” Becker writes. “Twenty-five years? Black had practically gasped. But he had said little; it was intimidating, to say the least, to be dressed down by a pioneer of the marriage equality movement.”

In response to a Blade inquiry on whether he’s given a fair shake in the book, Wolfson spoke in holistic terms on progress made on marriage equality and future goals to advance it further.

“As a movement, we have secured a strong majority of public support for the freedom to marry and a critical mass of Americans living in marriage states,” Wolfson said. “Together, we gutted the so-called Defense of Marriage Act, and, as we again head toward the Supreme Court, have built irrefutable momentum showing America is ready. But we are not done. Freedom to Marry is going to stay focused on finishing the job and achieving the goal we’ve long been aiming toward: winning marriage nationwide.”

Another person whose role is minimized in the book is Mary Bonauto, the civil rights director at Gay & Lesbian Advocates & Defenders, who successfully argued the case almost 11 years ago that brought marriage equality to Massachusetts, making it the first state in the country with same-sex marriage. She has also led efforts against the Defense of Marriage Act.

Her role in “Forcing the Spring” is reduced to commending the Prop 8 lawsuit for enabling a trial of the issue of marriage equality. “They turned that trial into a truth commission,” Bonauto is quoted as saying of the attorneys behind the lawsuit.

Carisa Cunningham, a GLAD spokesperson, dismissed the omission of Bonauto’s work on marriage equality by saying the book was meant to capture the narrative of another effort to advance the cause.

“This book wasn’t Mary’s story, and it’s clearly not a history of the movement,” Cunningham said. “Someday someone will write a book about Mary, and in the meantime, Mary’s story has been told in plenty of public ways and she and GLAD get a lot of well-deserved credit. We’re in it for the work – on principle and how it makes a difference in people’s lives.”

Cunningham also criticized the depiction of Griffin in the book, saying although he offered significant contributions to advancing marriage equality, the book “may do a disservice to those contributions by portraying him as a savior of the movement.”

But the crux of the book is that the lawsuit against Prop 8 litigated by Ted Olson and David Boies restructured the marriage movement. The title itself, “Forcing the Spring,” suggests the Prop 8 case was responsible for bringing marriage equality to the entire country — or at least getting the ball rolling for successes in other states besides California.

But it was the decision in the DOMA case — not the Prop 8 case — that established legal precedent enabling courts since that ruling to rule in favor of marriage equality in now 10 states. The U.S. Supreme Court on the Prop 8 case sidestepped the merits of whether a state can ban same-sex marriage, ruling that proponents of the law had no standing to defend the ban in court after California state officials declined to do so.

The conclusion of Becker’s account gives credit to the lawsuit against DOMA, but says the arguments in the Prop 8 case influenced U.S. Associate Justice Anthony Kennedy’s decision in striking down the federal law.

“By intertwining arguments from both cases, Kennedy gave the Windsor decision a heft and precedential value it might not otherwise have had, providing powerful legal ammunition for a slew of future challenges to state bans on same-sex marriage,” Becker writes.

It should be noted, as previously reported by the Blade, that Olson and Boies’ assistance in the Prop 8 lawsuit came with a hefty $6.4 million price tag. Moreover, HRC, now headed by Griffin, was among the nine signatories of a letter that came out the day before the Prop 8 lawsuit was filed and urged restraint in taking the case to court.

“It is by no means clear that a federal challenge to Prop. 8 can win now,” the letter says. “And an unsuccessful challenge may delay marriage even longer, not only in California but in other states, and seriously damage the rights of LGBT people on many other important issues.”

Nonetheless, HRC in the past week has been promoting the book and its depiction of the Prop 8 case in various blog postings on the organization’s website. One March 26 posting in the weeks prior to the publication of the book calls it “an unparalleled testament to the last five years in the American civil rights movement.”

Suzanne Goldberg, co-director for Columbia University’s Center for Gender & Sexuality Law, said she’s read the Becker book and faulted Becker for not telling the Prop 8 story in a way that better shows its place among other contributions to the marriage movement.

“I think the Perry case was, along with other cases, legislative and community-based advocacy, influential in shaping the marriage equality movement,” Goldberg said. “The problem with Jo Becker’s book is not the up-close story she tells about the Prop 8 case and media work, which in itself is interesting, but rather the uncritical telling of that story as an account of the marriage equality movement. There are numerous places where she gives both the case and the media advocates far more credit for inventing advocacy strategies and changing the landscape than either deserves.”

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6 Comments

6 Comments

  1. BriansIons

    April 23, 2014 at 6:17 pm

    The presumption that full Marriage Equality has been achieved in America is false — and probably about 14 months premature.
     
    Until *FULL* Marriage Equality is the law of the United States everywhere, full Marriage Equality is not the law of the land anywhere. Married same-sex families can not move and expect full equality in something like 33 state jurisdictions in the United States. So freedom of mobility and migration is an issue, too.
     
    That said, when the history of this struggle is truly ready to be chronicled, it had better be historically accurate and inclusive of all involved at significant levels. Certainly, Sullivan should be among those somewhere near the beginning of an American political timeline on the subject.
     
    It sounds like this book is an ahistorical account — more of an embarrassment for the Times, AFER, Griffin, etc., etc.

    • Bruce Majors

      April 27, 2014 at 9:27 am

      It sounds like this book is a way of re writing history to allow some people to make themselves, their candidates, parties and lobbying organizations, seem more important than they were, so they can write fundraising letters.

      One assumes the author was not paid to write a blindered and tendentious history by any of her subjects. One assumes.

  2. EL DORADO

    April 23, 2014 at 7:58 pm

    Many of us have had a role in advancing marriage equality. It’s not just the famous but every gay or lesbian person that speaks out in favor of it. Whether talking to friends, co-workers, family or confronting strangers directly or through the internet discussing the matter and confronting the lies against it! People calling contacting their legislators. We all have a role and their are many unsung heroes.

    Equality is far more than just fighting for marriage rights. Many states can legally discriminate against GLBT people in employment, housing, public accommodations and services. These issues are just as important yet take the backburner it seems to the fight for marriage. When’s the last time a bill advancing these protections has advance anywhere?

  3. Katrina Rose

    April 24, 2014 at 3:37 am

    What??? HRC involved in a scam???

    I'm shocked……….NOT!

  4. Steve Gorman

    April 24, 2014 at 5:49 am

    I used to review LGBT themed books for Lambda Literary and I’m not sure what the argument is really about. Perhaps this time, its different because the publisher is the non-LGBT mainstream Penguin Books. In any case, the obvious advise to anyone who objects to one book is to write your own. Look at Abraham Lincoln. After a hundred and fifty years, he is still going strong as hardly a week goes by without a release of yet another biography.

  5. Bruce Majors

    April 27, 2014 at 9:23 am

    Gay marriage was first promoted by relatively centrist or political idiosyncratic gay authors, like Jonathan Rauch and Andrew Sullivan. Many many many gay activists and writers (and feminist writers who influenced them) in the 70s and 80s, from John Rechy or Harry Hayes to Susan Brownmiller and Andrea Dworkin and Mary Daly were only critical of marriage, for variously being restrictive, oppressive, patriarchal ad nauseum. In repeating bumper sticker slogans, some derived from the Marx and Engels critique of the family, they were simply shortsighted and thoughtless, and oddly, undialectical. Gay marriage probably only became possible when marriage was no longer compulsory; gay marriage existing does make all marriages less compulsory and more egalitarian, as it leavens the notion of marriage. There is an attempt by Johnny come late-lies connected to politics and fundraising to claim that they are responsible for gay marriage, and so you should write checks to Obama and their other candidates who only discovered a right of gay people to freely associated and contract when the wind started blowing heavily in that direction. But smaller parties like the Libertarian Party have had gay rights in their platform since 1972, and many authors and activists wee supporting gay marriage long before the crop of organizations that now wish to claim credit in their fundraising letters.

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Top 10 Blade news stories by web traffic

COVID breakthroughs, Equality Act, and anti-trans attacks

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Elliot Page created excitement by posting his first photo in swim trunks back in May.

Each year our staff gathers in late December to review the highest trafficked stories of the year and there’s more than a little bit of competitive spirit as we review the results. Here are the top 10 stories by web traffic at  HYPERLINK “http://washingtonblade.com”washingtonblade.com for 2021.

#10: Mark Glaze, gun reform advocate, dies at 51

The sad, tragic story of Glaze’s death captivated readers in November. 

#9: COVID breakthrough infections strike summer tourists visiting Provincetown

This one went viral in July after a COVID outbreak was blamed on gay tourists.

#8: Thank you, Kordell Stewart, for thoughtful response to ‘the rumor’

This opinion piece thanked the former NFL quarterback for writing a personal essay addressing gay rumors. 

#7: Elliot Page tweets; trans bb’s first swim trunks #transjoy #transisbeautiful

The actor created excitement by posting his first photo in swim trunks back in May.

#6: Romney declares opposition to LGBTQ Equality Act

Mitt Romney disappointed activists with his announcement; the Equality Act passed the House but never saw a vote in the Senate.

#5: White House warns state legislatures that passing anti-trans bills is illegal

The year 2021 saw a disturbing trend of GOP-led legislatures attacking trans people.

#4: Lincoln Project’s avowed ignorance of Weaver texts undercut by leaked communications

The Lincoln Project’s leaders, amid a scandal of co-founder John Weaver soliciting sexual favors from young men, have asserted they were unaware of his indiscretions until the Blade obtained electronic communications that called that claim into question.

#3: FOX 5’s McCoy suspended over offensive Tweet

Blake McCoy tweeted that obese people shouldn’t get priority for the COVID vaccine. 

#2: Transgender USAF veteran trapped in Taliban takeover of Kabul

Among the Americans trapped in the suburban areas of Kabul under Taliban control was a transgender government contractor for the U.S. State Department and former U.S. Air Force Sergeant. She was later safely evacuated.

#1: Amid coup chaos, Trump quietly erases LGBTQ protections in adoption, health services

And our most popular story of 2021 was about the Trump administration nixing regulations barring federal grantees in the Department of Health & Human Services from discriminating against LGBTQ people, including in adoption services.

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CDC still falling short on LGBTQ data collection for COVID patients: expert

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COVID-19 vaccine, gay news, Washington Blade
The CDC is still not issuing guidance to states on LGBTQ data collection among COVID patients.

Despite requests since the start of the COVID pandemic for the U.S. government to enhance data collection for patients who are LGBTQ, the Centers for Disease Control & Prevention is still falling short on issuing nationwide guidance to states on the issue, a leading expert health on the issue told the Blade.

With a renewed focus on COVID infections reaching new heights just before the start of the holidays amid the emergence of Omicron, the absence of any LGBTQ data collection — now across both the Trump and Biden administrations — remains a sore point for health experts who say that information could be used for public outreach.

Sean Cahill, director of Health Policy Research at the Boston-based Fenway Institute, said Wednesday major federal entities and hospitals have been collecting data on whether patients identify as LGBTQ for years — such as the National Health & Nutrition Examination Survey, which has been collecting sexual orientation data since the 1990s — but the CDC hasn’t duplicated that effort for COVID even though the pandemic has been underway for two years.

“It’s not like this is a new idea,” Cahill said. “But for some reason, the pandemic hit, and all of a sudden, we realize how little systematic data we were collecting in our health system. And it’s a real problem because we’re two years into the pandemic almost, and we still don’t know how it’s affecting this vulnerable population that experiences health disparities in other areas.”

The Blade was among the first outlets to report on the lack of efforts by the states to collect data on whether a COVID patient identifies as LGBTQ, reporting in April 2020 on the absence of data even in places with influential LGBTQ communities. The CDC hasn’t responded to the Blade’s requests for nearly two years on why it doesn’t instruct states to collect this data, nor did it respond this week to a request for comment on this article.

Cahill, who has published articles in the American Journal of Public Health on the importance of LGBTQ data collection and reporting in COVID-19 testing, care, and vaccination — said he’s been making the case to the CDC to issue guidance to states on whether COVID patients identify as LGBTQ since June 2020.

Among those efforts, he said, were to include two comments he delivered to the Biden COVID-19 Health Equity Task Force in spring 2021, a letter a coalition of groups sent to the Association of State & Territorial Health Officers asking for states to collect and report SOGI in COVID in December 2020 as well as letters to HHS leadership and congressional leadership in spring and summer 2020 asking for them to take steps to encourage or require SOGI data collection in COVID.

Asked what CDC officials had to say in response when he brought this issue to their attention, Cahill said, “They listen, but they don’t really tell me anything.”

“We’ve been making that case, and to date, as of December 22, 2021, they have not issued guidance, they have not changed the case report form. I hope that they’re in the process of doing that, and maybe we’ll be pleasantly surprised in January, and they’ll come up with something…I really hope that’s true, but right now they’re not doing anything to promote SOGI data collection and reporting in surveillance data.”

Cahill, in an email to the Blade after the initial publication of this article, clarified CDC has indicated guidance on LGBTQ data collection for COVID patients may come in the near future.

“HHS leaders told us this fall that CDC is working on an initiative to expand SOGI data collection,” Cahill said. “We are hopeful that we will see guidance early in 2022. Key people at CDC, including Director Walensky, understand the importance of SOGI data collection given their long history of working on HIV prevention.”

In other issues related to LGBTQ data collection, there has been a history of states resisting federal mandates. The Trump administration, for example, rescinded guidance calling on states to collect information on whether foster youth identified as LGBTQ after complaints from states on the Obama-era process, much to the consternation of LGBTQ advocates who said the data was helpful.

The White House COVID-19 Health Equity Task Force has at least recognized the potential for enhancing LGBTQ data collection efforts. Last month, it published an implementation plan, calling for “an equity-centered approach to data collection, including sufficient funding to collect data for groups that are often left out of data collection (e.g….LGBTQIA+ people).”

The plan also calls for “fund[ing] activities to improve data collection…including tracking COVID-19 related outcomes for people of color and other underserved populations,” and specifically calls for the collection of LGBTQ data.

The importance of collecting LGBTQ data, Cahill said, is based on its potential use in public outreach, including efforts to recognize disparities in health population and to create messaging for outreach, including for populations that may be reluctant to take the vaccine.

“If we see a disparity, we can say: Why is that?” Cahill said. “We could do focus groups of the population — try to understand and then what kind of messages would reassure you and make you feel comfortable getting a vaccine, and we could push those messages out through public education campaigns led by state local health departments led by the federal government.”

The LGBTQ data, Cahill said, could be broken down further to determine if racial and ethnic disparities exist within the LGBTQ population, or whether LGBTQ people are likely to suffer from the disease in certain regions, such as the South.

“We have data showing that lesbian or bisexual women, and transgender people are less likely to be in preventive regular routine care for their health,” Cahill said. “And so if that’s true, there’s a good chance that they’re less likely to know where to get a vaccine, to have a medical professional they trust to talk to about it today.”

Among the leaders who are supportive, Cahill said, is Rachel Levine, assistant secretary for health and the first openly transgender person confirmed by the U.S. Senate for a presidential appointment. Cahill said he raised the issue with her along with other officials at the Department of Health & Human Services three times in the last year.

In her previous role as Pennsylvania secretary of health, Levine led the way and made her state the first in the nation to set up an LGBTQ data collection system for COVID patients.

“So she definitely gets it, and I know she’s supportive of it, but we really need the CDC to act,” Cahill said.

Although the federal government has remained intransigent in taking action, Cahill said the situation has improved among states and counted five states — California, Pennsylvania, Rhode Island, Nevada and Oregon — in addition to D.C. as among those that have elected to collect data on sexual orientation and gender identity of COVID patients.

However, Cahill said even those data collection efforts are falling short because those jurisdictions have merely been public about collecting the data, but haven’t reported back anything yet.

“Only California has reported data publicly, and the data that they’re reporting is really just the completeness of the data,” Cahill said. “They’re not reporting the data itself…And they’re also just asking people who tests positive. So, if somebody says positive COVID in California, a contact tracer follows up with that individual and asks them a battery of questions, and among the questions that are asked are SOGI questions.”

As a result of these efforts, Cahill said, California has data on the LGBTQ status of COVID patients, but the data is overwhelmingly more complete for the gender identity of these patients rather than their sexual orientation. As of May 2021, California reported that they had sexual orientation data for 9.5 percent of individuals who had died from COVID and 16 percent of people who tested positive, but for gender identity, the data were 99.5 percent.

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise

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Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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