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Another fight over ENDA

Today’s headlines bring back bad memories of 2007 debacle

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GetEQUAL, Employment Non-Discrimination Act, ENDA, White House, President Obama
GetEQUAL, Employment Non-Discrimination Act, ENDA, White House, President Obama

A White House ENDA protest last month. (Blade file photo by Michael K. Lavers)

Today’s headlines are eerily reminiscent of the acrimonious debate within the LGBT community over the ENDA bill that passed the House of Representatives on Nov. 7, 2007.

Rep. Barney Frank (D-Mass.) made a personal and emotional speech on the floor of the House that culminated in passage of the bill. Then came the vicious backlash from many individuals and groups, including Stonewall Democrats, a group Frank founded, because the bill didn’t include protections for transgender people.

At the time, Frank and others said that the question was getting protections for the many, which was possible, versus getting protections for none. In 2007, a bill including protections for transgender people had zero chance of passing. It turned out with or without the inclusion of trans people that bill didn’t get through the Senate.

Now once again the LGBT community is fighting over ENDA. This time it passed the Democratic-controlled Senate with the leadership of lesbian Sen. Tammy Baldwin (D-Wisc.), another hero to our community. It’s now stalled in the Republican-controlled House. On July 8, a group of LGBT and civil rights organizations formally dropped their support for the bill, which apparently still has the support of President Obama and the Human Rights Campaign. The reason given by the groups to formally withdraw their support is based on the recent Supreme Court decision in the Hobby Lobby case.

The Hobby Lobby ruling has given credence to the view that the wide religious exemption in the current ENDA bill would allow for gaps in how the bill could be applied and open the door to continued discrimination against many in the LGBT community. The national groups that pulled their support for ENDA include the National Gay and Lesbian Task Force, the American Civil Liberties Union, Gay and Lesbian Advocates & Defenders, Lambda Legal, the National Center for Lesbian Rights, the Transgender Law Center and Pride at Work.

HRC, the largest LGBT advocacy group, has not withdrawn its support for the bill. HRC spokesperson Fred Sainz said, “HRC supports ENDA because it will provide essential workplace protections to millions of LGBT people.” Following some backlash, HRC President Chad Griffin released a statement that still indicated support for the bill but noted HRC wants changes made to the section on religious exemptions. He also tried to change the subject by saying HRC supports an overarching civil rights bill for the LGBT community. This would be a bill similar to the one first introduced by Rep. Bella S. Abzug (D-N.Y.) in 1974.

The debate in the community over whether to pull support for the current bill may be moot as it appears the House will not take up ENDA this session. Speaker John Boehner (R-Ohio) has said he will not bring it to the floor for a vote even in the lame-duck session. That means the next Congress will begin the process anew. This debate will, however, draw heightened attention to the question of what will be included in the executive order banning discrimination against the LGBT community in federal contracting ,which after six years of stalling, the president has said he would sign. He has to be questioning what the LGBT community’s response would be if religious exemptions are in the EO. There appears to be broad opposition to providing those exemptions.

Baldwin is now in a bind and being demonized by some in the community. She, like Frank before her, worked hard to get the best bill she could pass. She worked with colleagues to draft a bill that would attract the needed votes. We need to remember that Baldwin will have to continue to work with those colleagues in the next Congress and gain their votes for a new bill if this one doesn’t pass. House members like Jerrold Nadler (D-N.Y.) will be in a bind if Boehner decides to bring up the bill in the lame-duck session. Baldwin, like Frank before her, understood that to pass any legislation compromise is needed. She worked with the support of the community on the assumption that if we could protect the rights of the huge majority of LGBT persons that was better than protecting none. Clearly many groups now disagree, with legitimate reason, but we must also remember that when the bill passed it had overwhelming community support.

The next flashpoint in this debate may come when the president issues the long-awaited executive order.

 

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Blade Blog

Cruising into Pride

Celebrity holds firm as a proud corporate supporter of LGBTQ community

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Celebrity APEX (Photo by Peter Rosenstein)

As you know if you have read my columns and blog posts, I love cruising. The kind where you are on a river or the ocean. Today in both the United States and around the world the LGBTQ community is facing difficult times. Attacks are coming fast and furious. There are few places where members of our community can feel totally safe these days. 

One of those places is on a cruise ship that values the community. That is what I have found whenever I travel on a Celebrity ship. Today, they are going even further in letting the world know about their respect for the community. They happily advertise Pride at Sea. Of course, they are doing it to attract LGBTQ passengers and their dollars, but that’s great in this day and age, when a company is willing to step up proudly, wants our business, and will do everything they can to make us feel both wanted and safe. That is what Celebrity Cruise Lines is doing. 

I want Pride to be celebrated not just in June, but every month. But I am excited about the June celebrations whether hosted in D.C. by Capital Pride, or on the high seas. While many of us will be at the D.C. Wharf, on June 10 to help the Washington Blade celebrate Pride on the Pier with spectacular fireworks, those who miss that and are on a Celebrity ship will be part of a Pride celebration as well. Their ships will all celebrate the month in various ways including flying a LGBTQ Pride flag. 

Celebrity has invited my friend, entertainer extraordinaire, Andrew Derbyshire, to lead the celebration on the Edge on June 13, in Ibiza. He recently quoted Celebrity, “In honor of Pride month and our continuing commitment toward fostering positive and authentic partnerships within the LGBTQIA+ community, Celebrity Cruises is raising the Pride flag to celebrate acceptance, unity, and support for the community. Each June, Celebrity Cruises hosts our annual Pride Party at Sea. Every ship takes part in the celebration that brings our crew and guests together to honor and celebrate Pride.” Andrew added, “I am happy to announce I will be flying to Ibiza on the 13th of June for a few nights, to host Pride on the Celebrity Edge, with my friend and captain, Captain Tasos, and the amazing team on board.” Andrew, like many of the entertainers I have seen and met on Celebrity ships, is encouraged to be who he is, ‘out’ and proud. 

The Edge will kick off Celebrity’s fifth annual Pride Party at Sea during its June 10, 2023, sailing. “The party will take place in tandem across the award-winning Celebrity fleet, with each ship ‘handing off the party baton’ to the next, to keep the festivities running across hemispheres and time zones. A variety of multi-generational LGBTQ+ focused programming will take place throughout the month of June. Together, officers, staff and crew around the world will participate in Celebrity’s signature Pride programming.”

You should know one of the things straight couples could always do on a Celebrity cruise is have the captain marry them. Now, since same-sex marriage became legal in Malta, where most Celebrity ships are registered, their captains can legally marry same-sex couples. After this happened the first legal same-sex marriage at sea, on a major cruise line, occurred on board Celebrity Equinox in January 2018 when the captain married Francisco Vargas and Benjamin Gray.  

Celebrity is a Florida-based company, and along with Disney, they are standing up for the LGBTQ community. They have been a Presenting Sponsor of Miami Beach Gay Pride for four years in a row. They continue to advertise their collaborations with gay cruise companies like VACAYA, which has charted the Celebrity Apex for a cruise of the Caribbean in 2024. The ship will be sailing with a lot of happy LGBTQ cruisers on Feb 17-24, 2024 for seven nights from Fort Lauderdale to Puerto Rico, St. Croix, and Antigua. For anyone who hasn’t been on the Apex, it is an amazing ship. While not during an official Pride month I will show my Pride along with many other LGBTQ travelers on Celebrity Beyond this October out of Rome, and on Celebrity Ascent in October 2024 out of Barcelona. The Ascent hasn’t even set sail yet. 

Let’s hope other companies will follow Celebrity’s lead and value the LGBTQ community. We are entitled to live our lives safely and to the fullest, as who we were born to be. 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Non-alignment or hypocrisy: South Africa’s non-alignment costing Africa’s human rights discourse

Country must take stronger stance against Uganda’s anti-homosexuality law

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LGBTQ and intersex activists protest in front of the Ugandan Embassy in D.C. on April 25, 2023. South Africa must take a stronger stance against the Anti-Homosexuality Act that Ugandan President Yoweri Museveni has signed. (Washington Blade photos by Michael K. Lavers)

In the past several months, South Africa’s foreign policy has been in the spotlight for essential and existential reasons that significantly impact geopolitics and the continent’s stability. 

The foreign policy for South Africa discussion document by the Department of International Relations highlights the “advancement of human rights and the promotion of democracy” as the pillars on which South Africa’s foreign policy rests. This document emphasizes the role that South Africa is expected to play in the “promotion of human rights and democracy.”

Minister Pandor echoed this document in her 2022 end-of-year remarks

“We will continue with our unwavering position to advocate for a balanced Sustainable Development Program within the human rights framework as underlined in the Vienna Declaration and Program of Action (VDPA). In this regard, South Africa will be one of the chief proponents of a balanced agenda of the HRC, which reflects, among others, the primacy of achieving the realization of the right to development as well as moral human rights issues such as the eradication of poverty and underdevelopment.” 

South Africa has long been known for its commitment to human rights and its leadership in the fight against apartheid. However, its foreign policy continues to be viewed as ambiguous and nonresponsive to developments in African affecting the growth of the continent.

In 2021, President Ramaphosa — as chair of the SADC Organ Troika — committed to a national political dialogue in Eswatini to resolve the political killings in that country. However, the South African government has never followed up or called on the Eswatini government to adhere to its commitment, even as renowned human rights lawyer Thulani Maseko was mercilessly assassinated in January 2023. At the very least, this has not been seen publicly, which would be comforting to those political activists and citizens constantly living in fear in Eswatini. 

On May 29, the president of Uganda enacted the draconian Anti-Homosexuality Act. The new law is a throwback to colonization, where religious fanatism was the basis for the persecution and killing of many Africans. While Africa seems to take the posture of “fighting against imperialism,” it is saddening that this law is the brainchild of American zealots funding hate across Africa, whether it is in Uganda, Ghana, Kenya, Malawi or Namibia. These zealots, the Fellowship Foundation and many others, are well coordinated in their attacks on the judiciary and the African human rights framework, backed by the 75-year-old Universal Declaration of Human Rights.  

In an era where Africa is seen to be taking a stance against imperialism, I shudder to contemplate that hate may be the only imperialist agenda Africa is not actively standing up against. We know the history of petty offences like homelessness and loitering, sedition laws, and anti-LGBTI laws. These are remnants of colonization to keep Africa inferior and the colonial masters superior. Today, the hate continues through repressive and backwards sentiment being paraded as religious values. Uganda’s anti-homosexuality law criminalizes what it calls “aggravated homosexuality” with the death penalty. It would be hard to imagine what “aggravated homosexuality” even means. 

This is another opportunity where South Africa’s posture and foreign policy must be spotlighted. With the growing conversation about the ICC arrest warrant of President Putin, South Africa has reiterated its foreign policy as non-alignment and non-interference. 

However, when the question of human rights and democracy is at play, all must take a stand. This law has been widely criticized by human rights organizations and the international community for violating the rights of LGBTIQ+ individuals and hindering the fight against HIV. It further impedes what Minister Pandor called the “balanced agenda of the HRC,” which speaks to sustainable development within the human rights framework. 

It should be worrying if South Africa continues to maintain a policy of non-alignment and non-interference in the face of the new law in Uganda. While this policy may have its merits, it raises questions about South Africa’s commitment to human rights and its role as a leader in Africa. A foreign policy that neglects the promotion of human rights and democratic principles is hypocritical. On the one hand, South Africa is seen as a leader in promoting LGBTIQ+ rights and has one of the most progressive constitutions in the world regarding protecting the rights of LGBTIQ+ individuals. However, on the other hand, it has failed to take a strong stance against Uganda’s anti-homosexuality law, which is a clear violation of human rights.

By maintaining this policy, South Africa is essentially condoning Uganda’s anti-homosexuality law and undermining the fight for human rights in Africa. This is particularly concerning given South Africa’s leadership role in the African Union and its commitment to promoting human rights and democracy.

South Africa’s foreign policy regarding Uganda’s anti-homosexuality law raises questions about its commitment to non-alignment and human rights in Africa. While non-interference may have its merits, it should not come at the expense of human rights and the fight for equality and justice. 

South Africa must take a stronger stance against Uganda’s anti-homosexuality law and work towards promoting human rights and democracy in Africa.

Melusi Simelane is the Southern Africa Litigation Center’s Civic Rights Program Manager.

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For Israel’s LGBTQ citizens, threats are no longer theoretical

Proposed judicial reforms could have wide-ranging impact

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Activists in Israel created this mock train station map to indicate how proposed reforms to Israel's judiciary could harm LGBTQ and intersex people. (Photo courtesy of George Avni)

In 2023, millions are engaging in protests all around the world. People are making their voices heard in France, Mexico, Bangladesh, Hungary and Greece – just to name a few.

The specific events triggering civic action vary by location. But whether it’s pension reforms, election concerns, human rights, or rank government incompetence, it’s undeniable that the world is shaking. Among the common threads are an existential threat to democratic institutions. 

At A Wider Bridge, we are closely connected to the manifestation of this international phenomenon in Israel.

Israelis from across the political spectrum are taking a stand for their democracy in an unprecedented manner. They have taken to the streets in historic numbers day after day, week after week, in patriotic displays of defiance. LGBTQ Israelis are on the front lines in a battle over  legislation that most of them feel would dramatically undermine the independence of Israel’s judiciary. The stakes are high. The Israeli Supreme Court has been a bastion for advancing LGBTQ equality.

With a different court, LGBTQ Israelis could see protections ended for male couples and single men who have children via surrogacy. Same-sex couples married overseas might lose recognition of their unions, and with that, benefits from health insurance to inheritance, not to mention the implications for parents where one partner is non-Israeli. Protections for students and trans Israelis could evaporate. But there is more than the court in play. A new generation of extremist politicians have gained true power — and the bully pulpit. The reverberations are being felt far and wide — and the threat they pose to LGBTQ Israelis is no longer theoretical. 

The Aguda, the Association for LGBTQ Equality in Israel, just released its 2022 report on LGBTQphobia in Israel. The findings show that anti-LGBTQ hate has skyrocketed. It rose during an election cycle in which some extremist politicians railed against LGBTQ rights, and it skyrocketed after the early November election. It has affected almost every aspect of LGBTQ life in the country.

In total, there were 3,309 reports of LGBTQ abuse last year — an enormous increase, and double what was reported as recently as five years ago. Delving deeper into the data, the news gets even scarier: an eightfold increase in year-on-year discrimination reports involving services by businesses, a fivefold increase in LGBTQ abuse reports in the public sphere, a 53 percent increase in reports from trans individuals, and a sevenfold increase in LGBTQ abuse reports where the offending parties are public figures and in the media.

On top of that, fully 25 percent of these reports came in November and December — during the election campaign and immediately following the commencement of the new government.

Some have urged patience with Israel’s new government and advocate a wait-and-see approach. They say nothing bad has happened yet. Sadly, they are wrong. 

While these extremist politicians, now leading important government ministries, have yet to deliver fully on pledges to remove LGBTQ education from schools, groups working in that sector say it has become increasingly difficult to do programs they routinely offered in the past. They have yet to ban Pride parades, end hormone treatments and gender-affirming care for trans people, or provide financial support for organizations that provide conversion therapy. But all of these anti-LGBTQ policies are on the table. Unfortunately for LGBTQ Israelis, there is no safety in adopting a wait-and-see approach.

Recently, a group of right-wing youth harassed protesters carrying Pride flags in Tel Aviv. They threw rocks at a building at which a Pride flag was displayed. They even climbed a balcony to tear it down. They were caught in the act on video and later identified. But for weeks, no arrests have been made.  In response, thousands of pro-LGBTQ Israelis protested in front of the police headquarters in Tel Aviv — a city justifiably celebrated for its LGBTQ-friendly environment and with one of the highest percentages of LGBTQ residents in the world. They were protesting police inaction, fully cognizant that the municipal police are controlled by the Israeli Ministry of National Security under Itamar Ben-Gvir, an open homophobe who ran for office on a far-right slate with a radical anti-LGBTQ platform.

Was the lack of police action a result of top-down pressure? We don’t know. But we do know that the physical security of LGBTQ people is often dependent on the institutions that govern us.

We also know that we can never take our rights and our safety for granted. That’s true whether one is LGBTQ in Tel Aviv, Black in Missouri, or Jewish on the streets of New York City, where antisemitic violence is on the rise.

The legislation Israelis are protesting is but one symptom of a global phenomenon to wrest power from institutions that have advanced the equality of marginalized groups — LGBTQ people, women, racial minorities, immigrants and others. It is not difficult to connect the dots from Jerusalem to Florida to certain eastern European countries, where democratic norms are under attack in general, as are the rights of LGBTQ people in particular.

So what do we do in the face of these challenges? First, we recognize the challenges as real, acute, and demanding immediate action. 

Then we organize. We protest. We don’t allow ourselves to be gaslighted by those who say all is well, when clearly it is not. All one has to do to appreciate the threats to LGBTQ people in Israel is to speak with a few LGBTQ Israelis.

Accordingly, A Wider Bridge has dramatically increased our support of LGBTQ groups through additional public advocacy and an emergency campaign to fund their pro-democracy work and meet needs for increased social services. Next month, we will travel to Israel to stand with our LGBTQ family. We will march with them at the Jerusalem March for Pride and Tolerance and host an English livestream to the world. 

We continue to be inspired by Israel’s democracy movement, where the LGBTQ flag has become as common a sight in the streets as the Israeli flag itself. We will stand with them today — and every day — to protect Israel’s democratic and pluralistic character in the face of this emergency.

Ethan Felson is the executive director of A Wider Bridge.

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