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Equality Act is the LGBT rights bill we need

Trans, LGBT movements stronger and better connected than ever

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United States Capitol Building, dome, gay news, Washington Blade
Equality Act, United States Capitol Building, dome, gay news, Washington Blade

(Washington Blade file photo by Michael Key)

In 1974, the Equality Act was introduced to add sexual orientation throughout the 1964 Civil Rights Act. Twenty years later, for various political reasons, the bill was stripped down to be only an employment rights bill and renamed ENDA, the Employment Non-Discrimination Act. ENDA has been the centerpiece federal legislation ever since—although gender identity was excluded from the act until 2007. And this week, we are very pleased to announce that ENDA is being replaced with the Equality Act, a more comprehensive bill that when passed will offer protection in employment, housing, public accommodations, and four other areas.

NCTE has advocated for over ten years for refocusing on a comprehensive bill more akin to the original Equality Act. The most notable difference between the Equality Act and its 1974 namesake is that it includes both gender identity and sexual orientation—and unlike in 2007, removing gender identity is now completely unthinkable.

Here’s what you may want to know.

  • The Equality Act will be introduced this Thursday, July 23 by Senator Jeff Merkley (D-OR) in the U.S. Senate and Rep. Cicilline (D-RI) in the U.S. House of Representatives, along with many co-sponsors: Senators Tammy Baldwin, and Cory Booker, and Representatives Nancy Pelosi, and John Lewis. They will be joined by a large number of co-sponsors.
  • The bill will explicitly prohibit discrimination based on gender identity and sexual orientation in employment, housing, education, credit, public accommodations, jury service, and federally funded programs. (Gender identity and sexual orientation are defined the same way they were in ENDA.)
  • The bill will also codify the existing interpretations of sexual orientation and gender identity bias as being forms of sex discrimination, which many courts and federal agencies including the Equal Employment Opportunity Commission have already embraced. Think of it as wearing both a belt and suspenders. So for instance, if a trans person is discriminated against in their job, it will be clearly illegal as both gender identity discrimination and sex discrimination. This is important for various reasons, including that it will help cement these interpretations under various other laws not directly amended by the bill.
  • Interestingly, the types of businesses considered to be public accommodations would be expanded by the Equality Act, not only for sexual orientation but also for the existing categories of race, color, religion, and national origin. Additionally, the category of sex would be added to the public accommodations section of the Civil Rights Act for the first time, greatly advancing women’s rights.
  • In the same way the law protects people on the basis of their race and religion, the Equality Act will make clear that discrimination because someone is (or is perceived to be) LGBT, or is a parent, child, partner, or otherwise associated with someone who is LGBT–is also illegal.
  • Whereas ENDA would have created a new law specific to LGBT people, the Equality Act will add LGBT protections to existing civil rights laws like the Civil Rights Act of 1964, the Fair Housing Act, the Equal Credit Opportunity Act, and the Jury Selection and Service Act. It is being done this way to ensure that LGBT people are protected equally compared to other marginalized groups that are already protected.
  • No special religious exemptions would apply for discrimination against LGBT people. Amending existing civil rights laws means that the religious exemptions that have been in place for fifty years will remain in place. Mainly this means that religious institutions can continue to prefer individuals of their own faith.

This bill was written to address the real discrimination that LGBT people face in real life—discrimination that is often pervasive in the workplace but goes far beyond it. And while a bill can always change as it moves through the legislative process, we need to stake a claim and introduce a bill that really is what we need. That is what the Equality Act is.

Passing the Equality Act will probably take time, and there are things you can do to help. First, contact your Representative and your two U.S. Senators and ask them to co-sponsor the Equality Act. Remember, support for LGBT people is changing quickly, So even if your members of Congress haven’t supported LGBT equality in the past, contact them anyway—their stance may be evolving.

Second, we need to make sure Congress and the public understand that anti-LGBT discrimination is very real—which means we need your stories. Next month, NCTE will launch the 2015 U.S. Trans Survey—the biggest survey yet of trans people in the United States. This survey, a follow-up to the National Transgender Discrimination Survey conducted six years ago, will clearly make the case for the Equality Act along with all of our other efforts to improve the lives of trans people.

A final word: We all know that getting any legislation through a very polarized Congress is really hard right now. But we also know that the transgender and LGBT movements are stronger and better connected than ever. So, though we can’t say that we see a clear pathway to pass the Equality Act through the current Congress, we know that the politics of LGBT equality are shifting in our favor. When the original Equality Act was first introduced more than four decades ago, its passage may have seemed to some like a pipe dream. Today, it is not. The promise of Equality Act is still urgently needed. The question is how quickly we can hasten its inevitable passage.

 

Mara Keisling is executive director of the National Center for Transgender Equality.

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Barney Frank’s powerful legacy for LGBTQ federal employees

The ‘Great Gay Communicator’ deserves respect

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Rep. Barney Frank (D-Mass.) (Washington Blade file photo by Michael Key)

Former Congressman Barney Frank, who died last week, was dogged during his life over being gay. The self-proclaimed only “left-handed, gay, Jewish congressman,” in Congress deserved better.

Frank’s perseverance paved the way for others. With wit and intelligence, he helped educate Americans about sexuality. As a federal employee and a member of the Federal Gay, Lesbian or Bisexual Employees (GLOBE), a government-wide organization founded by Dr. Len Hirsch, I saw Frank’s unforgettable speaking style when he was a guest speaker at our monthly events.

Frank’s detailed presentations about federal employment policies were not recorded. The only record of them, edited by Dr. Hirsch and other members of the GLOBE board, is in the minutes of the GLOBE meetings. I held several positions in GLOBE, including secretary, assistant newsletter editor, and as an elected member of the board. I drafted the minutes of the meetings.

GLOBE’s minutes were edited to protect the identity of federal employees. This was important because then-U.S. Sen. Jesse Helms (R-N.C.) attempted to obtain the minutes. Helms felt LGBT advocacy in the federal workplace was an illegal form of political activity. GLOBE was also concerned that the minutes would be illegally accessed and forwarded to Helms or used to blackmail federal employees. GLOBE’s minutes are preserved at the National Archives.

When I was named Gay, Lesbian, Bisexual Program Manager at the Department of Agriculture in 1993, I immediately notified Frank’s office of my appointment. After a federal newsletter published an article about a speech I gave, Helms accused me of using government resources to support “a homosexual agenda.” During several hours on the evening of July 19, 1994, Helms told the Senate and C-SPAN’s television audience that LGBT federal employees had their minds in their crotches. He called LGBT federal employees “perverts.”

Helms had government documents that described the position of “Gay, Lesbian, Bisexual Program Manager.” It was a program that used the incendiary words “promote” and “recruit” homosexuals. It was a huge mistake for government bureaucrats to have written such a program. Helms published it in the Congressional Record. Frank helped us through this battle and others. 

Aside from Frank, there were other LGBT members of Congress in the 1990s. Gerry Studds (D-Mass.), Steve Gunderson (R-Wisc.), and James Kolbe (R-Ariz.). Studds was censured for an affair with a 17-year-old male page in the House. Gunderson was publicly outed by a fellow House Republican. Kolbe was subject to sexual accusations.  

Among these gay congressmen, Frank weathered a hostile media, personal scandal, and vicious attacks from his Republican colleagues. In 1995, former Texas GOP House Majority Leader Dick Armey was caught referring to Frank as “Barney Fag.” His apology was grudging.

“I rule out that it was an innocent mispronunciation,” responded Frank. “I turned to my own expert, my mother, who reports that in 59 years of marriage, no one ever introduced her as Elsie Fag.”

After celebrating his 72nd birthday, Frank married his longtime partner. He successfully worked to place marriage equality into the 2012 Democratic platform, which President Obama endorsed.

Still, Frank was dogged by homophobia. The Tea Party’s Doug Mainwaring called Frank’s wedding “a mockery, a parody, a staggering caricature of the most fundamental and towering of American institutions.”

In an interview with Washingtonian magazine, Frank said he “hates being classified as ‘the gay congressman,’” as his legislative accomplishments go beyond gay rights. He co-sponsored the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act.

Frank will especially be remembered in Washington for his sharp wit. He once referred to advocating for gay marriage legalization as “cruising for gay rights.” He wrote devastatingly funny op-ed pieces, notably for the Washington Post.

Though Frank may not have wanted to be known as a gay congressman, when he spoke, the LGBT community listened. He was the Great Gay Communicator. Barney Frank deserved respect. May his memory be a blessing.


James Patterson, a life member of the American Foreign Service Association, is a writer and communications consultant in the D.C. area. 

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Time travelers from the AIDS era

Longtime HIV survivor reflects on stigma, survival

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A vigil was held along the Lincoln Memorial Reflecting Pool on Oct. 8, 1988. (Washington Blade file photo by Doug Hinckle)

If I admit I’m HIV positive, some men immediately reject me. If I lie and say I’m HIV negative, many of those same men will gladly have unprotected sex with me.

That contradiction has haunted me for years and made me wonder: What would the gay men who died of AIDS in the 1980s think if they could see us now?

The future would absolutely astonish them. Everybody carries around a handheld device that can instantly broadcast their thoughts, faces, bodies, and lives to the entire planet. We elected a Black president twice. Same-sex marriage is legal. Gay people can openly marry, raise children, grow old together, and even get divorced like everybody else. HIV itself is no longer “the deadly disease” it was when I learned I was infected in 1985 at age 23.

Back then, life expectancy was often measured in months. Surviving long enough to grow old felt like science fiction.

Now there are medications that can suppress the virus so effectively, a person living with HIV can become “undetectable,” meaning they cannot sexually transmit the virus. Countless people who once expected to die can now live long enough to worry about all the ordinary things people worry about as they age: heart disease, bad knees and what restaurant closes too early.

Back then, that wasn’t even a pipe dream. But the future also got weird.

What shocks me most is not the medical progress. It’s the emotional contradiction surrounding it. The general public no longer fears sharing space with people living with HIV. Most people understand you cannot get HIV from a hug, a handshake, sharing food, breathing the same air, or sitting next to someone on a plane.

But sex is different. Especially in the gay world, where stigma still lingers in strange and contradictory ways.

I’ve watched gay men reject HIV-positive men while simultaneously engaging in anonymous unprotected sex with people whose status they know only because somebody typed a word into an app. “Negative.” “Clean.” “DDF.”

As if viruses never lie.

At the same time, we now live in a sexual culture far more open and visible than anything most gay people from the 1980s could have imagined. The bathhouse has largely been replaced by hookup apps and social media. Sexual behavior is documented, broadcast and archived in real time.

But greater sexual freedom did not necessarily bring greater emotional clarity.

Some men still fear HIV intensely. Others eroticize it. Some even document their attempts to acquire it.

We solved the medical crisis of HIV far faster than we solved the psychological, emotional and sexual contradictions surrounding it.

As a long-term survivor, I sometimes feel like a time traveler trapped between two worlds: one that remembers the terror and one that barely remembers the war.

That feeling became the seed for my new novel,“The Unfrozen Few.” I imagined a group of AIDS patients from the late 1980s choosing cryogenic freezing rather than death, only to wake up in present-day America. They emerge into a world of smartphones, same-sex marriage, social media and medical breakthroughs, but also into a world that still doesn’t fully know what to do with people living with HIV.

In many ways, the frozen few are simply long-term survivors with the volume turned all the way up.

I think the dead would be amazed by how far we’ve come. And stunned by the ways we still haven’t.


Randy Boyd is a longtime HIV survivor, five-time Lambda Literary Award finalist and author of five novels, including ‘The Unfrozen Few,’ a speculative series about AIDS patients who were cryogenically frozen in the 1980s and awaken in present-day America. More information is available at randyboydauthor.com.

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Dual endorsement for Independent Council-at-large: Patterson or Crawford

Let’s move the District forward

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Washington, D.C. (Washington Blade file photo by Michael Key)

(Editor’s note: This column reflects the writer’s opinion and does not constitute a Washington Blade endorsement of any candidate.)

The race for Independent Council-at-Large is interesting. There are three main candidates and I suggest making your choice easier by first eliminating Elissa Silverman from consideration. She is a retread, and it is time to move forward, not backward. 

There are two candidates whom I have taken the time to talk with in some depth. They are both impressive, and either will make a great addition to the D.C. Council. I have some minor issues with both, but then have never found a candidate who I would agree with 100%, and never expect to. 

Jacque Patterson has held public office, and served the community well, as president of the D.C. State Board of Education. Just recently a study was released, and while we know there are many outstanding issues in our schools, this new Education Scorecard report from Harvard, Stanford, and Dartmouth, ranks District of Columbia students first in the nation for academic growth in both math and reading between 2022 and 2025. While they are still not doing as well as we want all our students to do, progress is important, and this scorecard shows how the District is working to help its students. Take a look at Jacque’s website to see what he will focus on. You will find it impressive. He understands among other issues what small businesses mean to D.C., what we need to do for safer communities, and to provide more opportunities for all our youth. 

Then take a look at Doni Crawford who has now been serving on the Council for about four months, having been chosen to replace Kenyan McDuffie until the election, when he resigned to run for mayor. She previously worked in his office as committee director for the Council’s Committee on Business and Economic Development. Prior to that she worked at the D.C. Fiscal Policy Institute. Her focus is also on safer communities, economic development, housing, and youth. You can look at Doni’s website to get a more detailed understanding of where she intends to focus her time. 

Both candidates have talked about how they will work to fight for D.C. statehood, and to ensure the 700,000 residents of the District can set their own budget priorities, and make their own legislative decisions, without oversight from Congress. 

When looking at who you choose to vote for as a Council member in D.C., it is important to understand the person you select will be working closely with 12 other members. They have to understand the art of compromise to get their initiatives passed. They must have the personality that will demand respect of the other members, and a style that will make them stand out on the Council. I think Jacque and Doni are the two choices in this Independent Council-at-large race who will be able to do that. Also, remember in an at-large seat on the Council the focus is a little different than when you are selecting a Council member for your own ward. These members need to have a little broader view, and be able to balance all constituents in every ward of the city. That is a little more difficult. 

I know from talking with them that both Jacque and Doni are committed to equality, and just as important, economic equality. They understand for the District to do well; everyone needs a fair playing field. I have gotten the strong feeling they both understand what is happening around the nation is impacting the people of D.C. That includes the resurgence of antisemitism, as well as racism, Islamophobia, homophobia, and sexism. They understand we are faced with a White House, and Republican-controlled Congress, who instead of doing anything to combat these issues, are making them worse. And because home rule still gives Congress and the felon in the White House much-too-much control over D.C., this impacts us directly. I have confidence in both Patterson and Crawford, that they will fight this, and do it intelligently, and successfully, to the benefit of all the people they are looking to serve.

So, my recommendation is you look at both their websites and decide who your first choice will be. Then rank that person #1 on your ballot for Independent Council-at-large. Then because you can with ranked choice voting, rank the other one #2. Then stop! You don’t need to rank any more. 

Again, I think either Jacque Patterson or Doni Crawford will serve us well on the Council. They are both smart, experienced, and both will bring something new to the Council. Elissa Silverman had her chance before, and there were reasons the voters turned her out. Let’s not go backwards, but rather let’s move the District forward, with either Jacque Patterson or Doni Crawford. 


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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