Connect with us

News

DOJ slammed for ducking on trans exclusion in ADA

Obama administration says resolution to case based on Title VII the right approach

Published

on

scales of justice, gay news, Washington Blade

The Justice Department ducked on whether the trans exclusion in ADA is unconstitutional. (Photo by Mbiama via Wikimedia Commons)

As civil rights advocates celebrate the 25th anniversary enactment of the Americans with Disabilities Act, one New England-based LGBT group is criticizing the Obama administration for ducking on the issue of whether the transgender exclusion in the law is unconstitutional.

Gay & Lesbian Advocates & Defenders took the Justice Department to task in a statement last week for declining to weigh in on the explicit transgender exclusion written into the 1990 law.

The ADA prohibits discrimination on the basis of disability in employment, public accommodations and other areas, but the law explicitly states it doesn’t include “transvestism, transsexualism, pedophilia, exhibitionism, voyeurism [and] gender identity disorders not resulting from physical impairments or other sexual behavior disorders.”

Jennifer Levi, director of GLAD’s trans rights project, said the Justice Department’s decision to avoid the trans exclusion in a statement of interest filed on July 21 is “surprising and disappointing.”

“Given the rank animus behind it, the exclusion serves to marginalize and stigmatize a minority group that the DOJ has recognized needs and deserves legal protections,” Levi said.

Kate Lynn Blatt, a transgender employee at the hunter gear Cabela’s Retail, filed a discrimination claim against her employer under both Title VII of the Civil Rights Act of 1964, on the grounds the store discriminated against her based on her sex; and the ADA, on the basis the store refused to reasonably accommodate her by denying her use of a restroom consistent with her gender identity and the ability to wear a nametag with her correct name. Blair also endured harassment from supervisors and co-workers and was abruptly terminated in 2007.

In a four-page statement of interest signed by trial attorney Emily Nestler, the Justice Department asks the court to hold off on determining the constitutionality of ADA’s trans exclusion until the challenge on the basis of Title VII is resolved.

“The United States respectfully requests that the Court defer ruling upon Plaintiff’s constitutional challenge to the GID Exclusion until after the Title VII claims are resolved, as disposition of Plaintiff’s Title VII claims could resolve this case without the need to reach the constitutionality of the GID Exclusion,” the filing says. “Should the Court later determine that the constitutional issue cannot be avoided, the United States respectfully reserves the right to intervene or file a supplemental statement of interest at that time.”

In 2012, the U.S. Equal Employment Opportunity Commission determined in the case of Macy v. Holder the gender provision under Title VII applies to workplace discrimination against people for being transgender. In a statement in December, the Justice Department followed suit, saying the U.S. government would no longer deny the law covers gender-identity discrimination.

Levi added the filing has two silver linings: the reassertion that Title VII prohibits workplace discrimination against transgender people and language that enables the Justice Department to revisit the trans exclusion at a later time.

“While we acknowledge these bright spots, the problem created by the ADA exclusion remains,” Levi said. “Congress excluded transgender people from the protections of the ADA because of the stigma associated with gender dysphoria. As long as the transgender exclusion remains within the law, the ADA fails in its promise to create a level playing field in employment for all people capable of doing the job.”

The U.S. Justice Department deferred to its filing in the case in response to the Washington Blade’s request to comment on GLAD’s criticism.

Representing Blatt is Sidney Gold, Neelima Vanguri and Brian Farrell of the Philadelphia-based Sidney L. Gold & Associates. Along with Law Professor Kevin Barry of Quinnipiac University, GLAD and other trans rights groups filed a friend-of-the-court brief in January arguing by maintaining the trans exclusion, the ADA perpetrates the kind of discrimination it seeks to dismantle.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Israel

Tel Aviv Pride parade cancelled after Israel attacks Iran

Caitlyn Jenner was to have been guest of honor

Published

on

Hilton Beach in Tel Aviv, Israel, on Oct. 5, 2024. Authorities have cancelled the city's annual Pride parade after Israel launched airstrikes against Iran. (Washington Blade photo by Michael K. Lavers)

Tel Aviv authorities on Friday cancelled the city’s Pride parade after Israel launched airstrikes against Iran.

The Associated Press notes the Israeli airstrikes targeted nuclear and military facilities in Iran. Reports indicate the airstrikes killed two top nuclear scientists and the leader of Iran’s Revolutionary Guard.

Iran in response to the airstrikes launched more than 100 drones towards Israel. The Israel Defense Forces said it intercepted them.

The Tel Aviv Pride parade had been scheduled to take place on Friday. Caitlyn Jenner was to have been the event’s guest of honor.

Authorities, in consultation with local LGBTQ activists, last year cancelled the Tel Aviv Pride parade out of respect for the hostages who remained in the Gaza Strip after Oct. 7. Jerusalem’s annual Pride parade took place on June 5.

Continue Reading

District of Columbia

Drag queens protest Trump at the Kennedy Center

President attended ‘Les Misérables’ opening night on Wednesday

Published

on

The Kennedy Center (Washington Blade photo by Michael Key)

On Wednesday night, four local drag performers attended the first night of the Kennedy Center’s season in full drag — while President Donald Trump, an outspoken critic of drag, sat mere feet away. 

Three queens — Tara Hoot, Vagenesis, and Mari Con Carne — joined drag king Ricky Rosé to represent Qommittee, a volunteer network uniting drag artists to support and defend each other amid growing conservative attacks. They all sat down with the Washington Blade to discuss the event.

The drag performers were there to see the opening performance of “Les Misérables” since Trump’s takeover of the historically non-partisan Kennedy Center. The story shows the power of love, compassion, and redemption in the face of social injustice, poverty, and oppression, set in late 19th century France. 

Dressed in full drag, the group walked into the theater together, fully aware they could be punished for doing so.

“It was a little scary walking in because we don’t know what we’re going to walk into, but it was really helpful to be able to walk in with friends,” said drag queen Vagenesis. “The strongest response we received was from the staff who worked there. They were so excited and grateful to see us there. Over and over and over again, we heard ‘Thank you so much for being here,’ ‘Thank you for coming,’ from the Kennedy Center staff.”

The staff weren’t the only ones who seemed happy at the act of defiance. 

“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”

Despite the love from the audience and staff, Mari Con Carne said she couldn’t help feeling unsettled when Trump walked in.

“I felt two things — disgust and frustration,” Carne said. “Obviously, I don’t align with anything the man has to say or has to do. And the frustration came because I wanted to do more than just sit there. I wanted to walk up to him and speak my truth  — and speak for the voices that were being hurt by his actions right now.”

They weren’t the only ones who felt this way according to Vagenesis:

“Somebody shouted ‘Fuck Trump’ from the rafters. I’d like to think that our being there encouraged people to want to express themselves.”

The group showing up in drag and expressing themselves was, they all agreed, an act of defiance. 

“Drag has always been a protest, and it always will be a sort of resistance,” Carne said, after pointing out her intersectional identity as “queer, brown, Mexican immigrant” makes her existence that much more powerful as a statement. “My identity, my art, my existence — to be a protest.”

Hoot, who is known for her drag story times, explained that protesting can look different than the traditional holding up signs and marching for some. 

“Sometimes protesting is just us taking up space as drag artists,” Hoot added. “I felt like being true to who you are —  it was an opportunity to live the message.”

And that message, Ricky Rosé pointed out, was ingrained with the institution of the Kennedy Center and art itself — it couldn’t be taken away, regardless of executive orders and drag bans

“The Kennedy Center was founded more than 50 years ago as a place meant to celebrate the arts in its truest, extraordinary form,” said Ricky Rosé. “President Kennedy himself even argued that culture has a great practical value in an age of conflict. He was quoted saying, ‘the encouragement of art is political in the most profound sense, not as a weapon in the struggle, but as an instrument of understanding the futility of struggle’ and I believe that is the basis of what the Kennedy Center was founded on, and should continue. And drag fits perfectly within it.”

All four drag performers told the Washington Blade — independently of one another — that they don’t think Trump truly understood the musical he was watching.

“I don’t think the president understands any kind of plot that’s laid out in front of him,” Vagenesis said. “I’m interested to see what he thinks about “Les Mis,” a play about revolution against an oppressive regime. I get the feeling that he identifies with the the rebellion side of it, instead of the oppressor. I just feel like he doesn’t get it. I feel it goes right over his head.”

“Les Misérables” is running at the Kennedy Center until July 13.

Continue Reading

Congress

Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

Published

on

U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



Continue Reading

Popular