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LGBT group cancels conference reception with Israeli activists

A Wider Bridge event will now take place at hotel

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Jerusalem, gay news, Washington Blade

The National LGBTQ Task Force has cancelled a reception with two Israeli LGBT rights advocates that was to have taken place at its annual conference on Jan. 22. (Photo by Wayne McLean; courtesy Wikimedia Commons)

The National LGBTQ Task Force has cancelled a reception at its upcoming conference that was to have featured two advocates from Israel.

Sarah Kala-Meir and Tom Canning of Jerusalem Open House for Pride and Tolerance were scheduled to speak at the reception that was to have taken place at the Creating Change Conference in Chicago on Friday.

A Wider Bridge, an organization that describes its mission as building “LGBTQ connections with Israel,” sponsored the reception.

Dean Spade, founder of the Sylvia Rivera Law Project, an organization that serves transgender people and others who are gender non-conforming, in a Jan. 15 blog post criticized the National LGBTQ Task Force over the reception.

Spade, who is also an associate professor at the Seattle University School of Law, described A Wider Bridge as “an Israel advocacy organization.” Spade also accused the organization of “pinkwashing,” promoting the country’s LGBT rights record in an attempt to deflect attention away from its treatment of the Palestinians.

“It is not an organization focused on LGBT Jews, or an organization focused on LGBT Israelis,” wrote Spade. “It is an organization focused on linking LGBT people in the US to Israel, the settler colonial nation engaged in apartheid, condemned by the world.”

“It is an organization whose promotion of Israel is designed to make people think of Israel as a site of liberation and freedom rather than a regime producing colonization and genocide,” added Spade. “As a Jewish trans activist who has sometimes attended Creating Change over the years, I like the idea of having a Shabbat service at the conference, but I do not want Creating Change to invite any Israel advocacy organization to lead it or host programming focused on promoting propaganda about Israel.”

Dark Matter, which describes itself on its website as a “trans south Asian performance art duo,” also criticized the National LGBTQ Task Force over the reception.

National LGBTQ Task Force Deputy Executive Director Russell Roybal on Sunday issued a short statement that acknowledged the reception’s cancellation.

“We cancelled the event as we were concerned about the possibility of this reception becoming intensely divisive rather than a casual and fun social event,” he said.

The National LGBTQ Task Force cancelled the reception less than a week after it announced a panel at the Creating Change Conference that was to have included officials with U.S. Immigration and Customs Enforcement would no longer take place because of “concerns from our community.”

A Wider Bridge Deputy Director Tyler Gregory told the Washington Blade on Sunday that Sue Hyde, director of the Creating Change Conference, on Jan. 14 called Laurie Grauer, his organization’s Midwest manager.

“Sue recommended we either cancel A Wider Bridge’s event, or ensure that our event speakers condemn the Israeli government in their remarks,” Gregory told the Blade.

Gregory said that Grauer “declined both recommendations.”

Gregory told the Blade that Hyde called himself and A Wider Bridge Executive Director Arthur Slepian “to inform us the event was cancelled, citing ‘safety and security concerns.’” Gregory said the National LGBTQ Task Force provided his organization with “no evidence” that backed up their claims.

Gregory said the National LGBTQ Task Force told his organization that the decision to cancel the reception “was final.” He told the Blade that Hyde did not provide A Wider Bridge the names of those he described as “Israel detractors.”

“We are saddened by what appears to be capitulation to the intimidation of a small number of anti-Israel extremists who want to shut down the voices of those who don’t adhere to their rigid and exclusive party line,” said Slepian in a statement.

Slepian announced the reception will now take place at a Chicago hotel on Friday.

“As LGBTQ people, we are all too familiar with being oppressed through shaming, the closet, and imposed silence,” he said. “We see great danger in allowing this kind of censorship and blatant double standard to become the norm in our community.”

Kala-Meir, who is the executive director of the Jerusalem Open House for Pride and Tolerance, agreed.

“We will be participating in Creating Change regardless of developments and are looking forward to engaging with LGBT leaders in the U.S,” she told the Blade on Monday in a statement.

“Jerusalem is an ethnically and religiously diverse city, so we are no strangers to disagreements and debates, but we try to talk things through as a community,” added Kala-Meir. “Usually it is only when interacting with Israeli government institutions and religious institution that we get blocked.”

Spade on Monday applauded the National LGBTQ Task Force for canceling both the reception with the Israeli LGBT rights advocates and the ICE panel.

“Over the last five years as LGBT activists in a variety of contexts have exposed pinkwashing events and gotten them canceled once organizers understood the nature of the propaganda, Israel advocacy organization charge ‘censorship,’” Spade told the Blade in an email. “Creating Change’s programming staff are not censoring A Wider Bridge or ICE by canceling their programmed activities. The conference is curated—they decide what programming to include or not include and that is not censorship, it is discernment.”

“They are responding to community concerns about hosting programing that promotes institutions and governments that are harming LGBT people but promoting an image of ‘gay friendliness’ for PR purposes,” added Spade.

Jerusalem Pride march attacked day before West Bank arson

Israeli advocates and their supporters are quick to note the country is the most LGBT-friendly nation in the Middle East.

Israel bans discrimination based on sexual orientation and allows same-sex couples to jointly adopt children. The country also recognizes the marriages of gays and lesbians that were legally performed abroad.

May Peleg, a prominent trans rights advocate who once chaired Jerusalem Open House, last November took her own life.

Peleg’s mother challenged the advocate’s final wishes that she be cremated. The Israeli Supreme Court rejected the challenge to Peleg’s will.

Yishai Schlissel, an Orthodox Jewish man, on July 30, 2015, stabbed Shira Banki, a 16-year-old girl, to death and injured five others during an attack on a Jerusalem pride march that Jerusalem Open House for Pride and Tolerance organized.

He had served a 10-year prison sentence in connection with a 2005 attack on a Jerusalem pride march that left three people injured. Authorities released Schlissel three weeks before the July 30 attack.

Shira Banki, Jerusalem Pride, gay news, Washington Blade

Shira Banki was stabbed to death at a Jerusalem Pride parade in July 2015. (Photo courtesy of Jerusalem Open House)

Prime Minister Benjamin Netanyahu and U.S. Ambassador to Israel Dan Shapiro are among the officials who condemned last July’s attack on the Jerusalem Pride march. The incident took place a day before two men who grew up in an Israeli settlement on the West Bank allegedly killed a Palestinian toddler and his parents when they set fire to their home in the village of Duma.

“The violence at the Jerusalem Pride march just six months ago, was shocking and has left our community deeply traumatized,” Kala-Meir told the Blade. “It is only one expression of the intolerance that exists in Jerusalem, and has encouraged us to expand our work within religious communities.”

Spade continued to defend the National LGBTQ Task Force.

“I was happy to see Creating Change cancel the ICE workshop and the A Wider Bridge reception,” Spade told the Blade. “It is clear that the liberation of queer and trans people everywhere requires that we oppose the brutal racism of U.S. border enforcement and the colonial violence faced by Palestinians.”

Editor’s note: National LGBTQ Task Force Executive Director Rea Carey on Monday issued the following statement in response to the controversy surrounding the decision to cancel the reception.

“Last week, we decided to cancel a Friday night reception at the Creating Change Conference entitled ‘Beyond the Bridge.’ We cancelled the reception when it became clear to us it would be intensely divisive rather than the community-building, social atmosphere which is the norm for Friday night at the conference. While we welcome robust discourse and political action, given the complexity and deep passions on all sides, we concluded the event wouldn’t be productive or meet the stated goals of its organizers. We also have the overarching responsibility to ensure that Creating Change is a safe space for attendees. Since the cancellation, we have been accused of being many things including being anti-Jewish, or anti-Semitic — which are wrong and deeply painful to those of us in the National LGBTQ Task Force family. We believe in the self-determination of all people, no matter where they call home, the right of LGBTQ people to live in peace and safety, and in constructive dialogue that moves the work for social justice forward. We are an organization dedicated to LGBTQ freedom, justice and equality for all.”

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10 Comments

10 Comments

  1. scottrose

    January 18, 2016 at 1:40 pm

    The U.N. Partition Plan of 1947 was a two-state plan that foresaw an Arab state, a Jewish state and Jerusalem as an international protectorate with no one religion dominating another.
    Middle Eastern Jews accepted that two state plan; Arabs rejected it.
    Had the Arabs like the Jews accepted that two-state plan, there would have been no wars and no refugees.
    Israel bashers are either Jew haters — though sometimes Jews with internalized antisemitism — or ignorant.
    If Hamas, Fatah, Iran or any of the other Islamic entities committed to Israel’s destruction have their way, what will become of LGBTers currently living in Israel?
    Don’t look for Israel-bashers to give a damn about them.

  2. MRMSN

    January 18, 2016 at 1:43 pm

    As LGBT people we have a commonality in purpose and we should never be divided, ever, least of all by our own leadership. I have lost all respect for The Task Force and believe they owe A Wider bridge and the Jewish LGBT community an apology. What they have done is no different to what Trump is suggesting we do – that we paint all Muslims as terrorists and hence let none into the USA. Task Force is painting all Jews and all Israelis with a single over-simplistic taint and worse yet at the behest of a threatening handful of anti Israel activists.

    Many Activists have come out against this move by Task Force. See their comment here.

    http://oblogdeeoblogda.me/2016/01/18/famed-lgbt-voices-blast-task-force-for-banning-jewish-event-from-creating-change-conference/

  3. Joseph Singer

    January 18, 2016 at 2:05 pm

    While I understand there were concerns it might be a divisive action, italso concerns me that the group wasn’t willing to risk controversy in the name of dialogue.

    • scottrose

      January 18, 2016 at 8:38 pm

      The Task Force alleges that there were “safety concerns,” meaning that the Israel-bashers said something to the Task Force like “Cancel the Israeli LGBT group’s participation or we will mess up your event.”

      Caving to THAT is despicable.

      How did Task Force leaders know that “safety” would be a “concern” if it hadn’t received threats of violence from the Israel bashers?

  4. Suzan Cooke

    January 18, 2016 at 2:34 pm

    If the NGLTF decides to join the rabidly antisemitic BDS Movement they can forget ever getting another penny from me in the way of support.

  5. zionist&proud

    January 19, 2016 at 2:39 am

    I realise how inconvenient it is is for some in the American community that Israel is the most progressive country in a thousand mile radius when it comes to LGBT issues. For those who don’t like the reality that we exist, I have one thing to say:

    We’re Queer! We’re Here! Get used to it!

  6. alex

    January 19, 2016 at 8:25 am

    So if the task force is not anti Israel or Anti Jewish…it is at the very least made of a bunch of pathologically bullied chicken-sh –ts. Shame on you all for targeting the only liberal democracy (warts and all) in the middle east that protects the rights of the LGBT community. Shame shame shame and I say it again for emphsis ….. SHAME!!!!!!!!!!

  7. David Feinberg

    January 19, 2016 at 11:26 am

    I read nothing in the report to show that the Wider Bridge reception was serving to promote Israeli government policies in the West Bank. I am therefore left to conclude that this is not a case of pinkwashing, but just the opposite: exploiting an LGBT rights forum to advance an anti-Israel agenda. Furthermore, Spade’s over-the-top characterization of Israeli policy as “genocidal” makes me wonder about his ability to engage in level-headed discussion regarding the advancement of transgender rights.

  8. jim jim

    January 19, 2016 at 7:24 pm

    ONLY evil people would attack Israel on this point.

    The benefit of being gay in ANY Sharia Country…….(please feel free to comment as I can find NONE)

    The benefit of being gay in Isreal – (from http://timeout.co.il/en/art-an

    There are over 18,000 gay and lesbian households in Israel and over 3,000 children are raised by two fathers or mothers.

    Tel Aviv has been named the world’s number one gay city, outranking even New York City. The survey carried out by American Airlines and GayCities.com shows that the most popular destination for gay travelers – with 43 % of the votes, is the eternal White City.

    The option of registering yourself as a couple with your boyfriend/girlfriend will give you identical rights to a straight couple with the same legal status. Even happier news: according to a recent poll, almost two thirds of Israel’s population supports equal marriage rights for same-sex couples.

    Same-sex marriages performed abroad are legally recognized in Israel

    The left have the following opinions though;

    When is it perfectly acceptable to beat a gay person for being gay with a stick – when you hold a quran in your free hand.

    When is it perfectly acceptable to stone a gay person for being gay with a rock- when you hold a quran in your free hand.

    When is it perfectly acceptable to hang a gay person for being gay with a rope – when you hold a quran in your free hand.

    When is it perfectly acceptable to push a gay person for being gay off a tall building – when you hold a quran in your free hand.

  9. Leedynamo

    January 21, 2016 at 2:13 am

    Some of the comments here are deeply discouraging. We do not need more propaganda. Given the intolerance and brutality present in Israeli society, it seems fair to expect inclusiveness rather than propagandizing.

    EVERY commenter here should address themselves to the murder of Shira Banki reported in the second article. Instead of covering up its faults Israel should deal with them.

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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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