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Equality Act set for reintroduction on Tuesday

Comprehensive LGBT bill would amend Civil Rights Act

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Equality Act, gay news, Washington Blade
Equality Act, gay news, Washington Blade

Sen. Tammy Baldwin (D-Wis.) speaks at the press conference introducing the Equality Act on July 23, 2015 in the LBJ Room of the U.S. Senate. (Blade photo by Michael Key)

Comprehensive legislation seeking to ban discrimination against LGBT people in all areas of civil rights law is set for reintroduction in Congress on Tuesday, according to two Capitol Hill sources familiar with the legislation.

Rep. David Cicilline (D-R.I.) and Sen. Jeff Merkley (D-Ore.) are set to reintroduce the Equality Act in their respective chambers of Congress on Tuesday at 11 am in the Rayburn Room of the U.S. Capitol, the sources said.

First introduced in the previous Congress, the legislation isn’t expected to change from its previous iteration. The bill had sought to amend the Civil Rights Act of 1964 and the Fair Housing Act to bar anti-LGBT discrimination in employment, housing, public accommodations, jury service, credit, education and federal programs.

The bill also sought to update federal law to include gender in the list of protected classes in public accommodations. Moreover, the Equality Act had to sought to expand the definition of public accommodations to include retail stores, banks, transportation services and health care services.

David Stacy, director of government affairs for the Human Rights Campaign, said the Equality Act is a necessary tool to combat anti-LGBT discrimination.

“LGBTQ people face unfair and unjust discrimination just because of who they are, with few explicit legal protections in place,” Stacy said. “As lawmakers in states around the country target LGBTQ people for discrimination, it is even more critical that Congress pass a clear federal law to ensure LGBTQ people are fully protected by our nation’s civil rights laws.”

It remains to be seen which lawmakers will co-sponsor the legislation. In the previous Congress, only members of the Democratic caucuses were co-sponsors upon introduction. Although former Rep. Robert Dold and Rep. Ileana Ros-Lehtinen (R-Fla.) joined as co-sponsors in the House and former Sen. Mark Kirk joined as a co-sponsor in the Senate, only Ros-Lehtinen remains in Congress after last year’s election (the other two Republicans lost their races).

For the Senate version of the bill this time around, a Senate aide said no Republican co-sponsors are expected upon introduction of the Equality Act.

The legislation will almost certainly not move after introduction in the Republican-controlled Congress under the Trump administration. Although President Obama came to support the legislation in the previous Congress, it sought no movement other than at one least unsuccessful attempt from Rep. Jared Polis (D-Colo.) to amend the bill to other legislation.

The bill is seen as a counterweight to the First Amendment Defense Act, federal legislation seen to enable anti-LGBT discrimination in the name of “religious freedom.” Rep. Raul Labrador (R-Idaho) and Mike Lee (R-Utah) have said they reintroduce the legislation, but haven’t yet done so in this Congress.

President Trump is unlikely to support the legislation given anti-LGBT actions from the administration, such as reversal of Obama-era guidance protecting transgender kids from discrimination in school and ensuring they have access to school restroom consistent with gender identity. The administration justified that move by saying the issue belongs to the states, not the federal government.

However, 17 years ago, Trump said in an interview with The Advocate he likes the idea of amending the Civil Rights Act of 1964 to include sexual orientation, which is a core component of the Equality Act. Trump hasn’t explicitly addressed whether that remains his position during his presidential campaign or since the time has occupied the White House.

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U.S. Federal Courts

Title IX protections blocked in six more states

Ruling applies to Va.

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(Bigstock photo)

BY McKENNA HORSLEY | A federal judge has blocked new Title IX rules, including those aimed at protecting LGBTQ students from discrimination in K-12 schools, and sided with Republican attorneys general in several states — including Kentucky. 

Chief Judge Danny Reeves of the U.S. District Court in Eastern Kentucky on Monday issued a ruling siding with Republican Attorney General Russell Coleman and his counterparts in five other states. The ruling prevents the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action to enforce the Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” which was set to begin Aug. 1. 

Kentucky Attorney General Russell Coleman (Kentucky Lantern photo by Mathew Mueller)

Coleman and the GOP attorneys general filed the lawsuit in April. At the time, they argued the Department of Education “used rulemaking power to convert a law designed to equalize opportunities for both sexes into a far broader regime of its own making” with the new Title IX regulations. 

Reeves limited the injunction to the plaintiff states of Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.

The Biden administration introduced the rules to “build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights,” U.S. Secretary of Education Miguel Cardona said in a statement. The rules also would have rolled back Trump administration changes that narrowly defined sexual harassment and directed schools to conduct live hearings, allowing those who were accused of sexual harassment or assault to cross-examine their accusers.

President Joe Biden with U.S. Secretary of Education Miguel Cardona. (Official White House photo by Adam Schultz)

In their complaint, the state attorneys general said that under the Biden rule, “Men who identify as women will, among other things, have the right to compete within programs and activities that Congress made available to women so they can fairly and fully pursue academic and athletic excellence — turning Title IX’s protections on their head … And anyone who expresses disagreement with this new status quo risks Title IX discipline for prohibited harassment.” 

Established in 1972, Title IX was created to prevent “discrimination based on sex in education programs or activities that receive federal financial assistance,” according to the Department of Education.

Reeves wrote in his opinion that “the Department of Education seeks to derail deeply rooted law” created by the implementation of Title IX. 

“At bottom, the department would turn Title IX on its head by redefining ‘sex’ to include ‘gender identity.’ But ‘sex’ and ‘gender identity’ do not mean the same thing,” he wrote. “The department’s interpretation conflicts with the plain language of Title IX and therefore exceeds its authority to promulgate regulations under that statute.” 

In a press release, Coleman’s office said Monday that schools that would fail to comply with the new rules would risk losing federal funding. Citing the Department of Education, the office said Kentucky’s public and private schools received a total of $1.1 billion in federal funding last year.

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“As a parent and as attorney general, I joined this effort to protect our women and girls from harm. Today’s ruling recognized the 50-plus years of educational opportunities Title IX has created for students and athletes,” Coleman said in the press release. “We’re grateful for the court’s ruling, and we will continue to fight the Biden administration’s attempts to rip away protections to advance its political agenda.”

A spokesperson for the department said it was reviewing the ruling.

“Title IX guarantees that no person experience sex discrimination in a federally-funded educational environment,” the spokesperson added. “The department crafted the final Title IX regulations following a rigorous process to realize the Title IX statutory guarantee. The department stands by the final Title IX regulations released in April 2024, and we will continue to fight for every student.”

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McKenna Horsley

McKenna Horsley covers state politics for the Kentucky Lantern. She previously worked for newspapers in Huntington, W.Va., and Frankfort, Ky. She is from northeastern Kentucky.

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The preceding story was previously published by the Kentucky Lantern and is republished with permission.

The Kentucky Lantern is an independent, nonpartisan, free news service based in Frankfort a short walk from the Capitol, but all of Kentucky is our beat.

We focus on how decisions made in the marble halls of power ripple through the lives of Kentuckians. We bring attention to injustices and hold institutions and officials accountable. We tell the stories of Kentuckians who are making a difference and shine a light on what’s working. Our journalism is aimed at building a fairer, healthier Kentucky for all. 

Kentucky Lantern is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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The White House

Press secretary reaffirms the administration’s commitment to advancing LGBTQ rights

Karine Jean-Pierre also highlighted mental health efforts

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White House Press Secretary Karine Jean-Pierre (Washington Blade photo by Christopher Kane)

White House Press Secretary Karine Jean-Pierre began her briefing with reporters on Monday by honoring Pride Month as a time to “reflect on the progress we have made in pursuit of equality, justice, inclusion” and “recommit ourselves to do more to support LGBTQI+ rights at home and around the world.”

She said that while the Biden-Harris administration has taken “historic action” to expand freedoms and protections for the community “since day one,” state legislatures last year filed more than 600 anti-LGBTQ bills, which disproportionately target transgender youth.

Not only are conservative state lawmakers potentially on track to surpass that number in 2024, but Republican members of Congress along with the party’s presumptive presidential nominee, Donald Trump, have pledged their support for at least a dozen anti-LGBTQ policies at the federal level.

Jean-Pierre said this administration “is going to continue to speak out and stand up against these attacks,” adding, “as President Biden says, these young [transgender and queer] people are some of the bravest people he knows, but no one should have to be brave just to be themselves.”

The press secretary concluded her opener by discussing the 988 Suicide and Crisis Lifeline, which provides a “line dedicated to serving LGBTQI+ young people that can be reached by dialing nine eight and pressing three.”

Afterwards, when fielding questions from reporters, Jean-Pierre noted how many of the challenges facing LGBTQ youth have dovetailed with the ongoing mental health crisis in America.

She also addressed a ruling on Monday that blocked the administration’s newly passed LGBTQ-inclusive Title IX rules, which clarify that discrimination on the basis of sexual orientation and gender identity is covered by the statute’s language barring sex discrimination in education programs and activities that receive federal assistance.

A Trump-appointed judge on the U.S. District Court for the Western District of Louisiana had issued an injunction against the regulations on Thursday, with a handful of Republican state attorneys general promising more legal challenges.

Declining to address specific legal questions that she noted are best directed to the Justice Department, Jean-Pierre stressed the need for students to feel safe and to be treated equally.

“That is why the protections are all about making sure students have equal rights restored,” she said.

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Obituary

Bruce Bastian, beloved LGBTQ philanthropist, WordPerfect co-founder, dies at 76

Pioneering Utah software expert credited with supporting LGBTQ rights, performing arts

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Bruce Bastian (Screen capture via Mormon Stories Podcast YouTube)

Bruce Bastian, a successful Utah businessman and pioneering computer software developer who co-founded the word processing company WordPerfect before becoming a beloved philanthropist who donated millions of dollars to LGBTQ rights causes and the performing arts, passed away on June 16, according to an announcement by the LGBTQ organization Equality Utah.

“No individual has had a greater impact on the lives of LGBTQ Utahns,” Fox 13 TV News of Salt Lake City quoted Equality Utah Executive Director Troy Williams as saying. “Every success our community has achieved over the past three decades can be traced directly back to Bruce,” Williams was quoted as saying. 

Fox 13 reported that Bastian co-created a word-processing program which later became WordPerfect as a graduate student at Brigham Young University with co-founder Alan Ashton, who was a Brigham Young computer science professor. The two developed the software under contract with the city of Orem, Utah, but they retained ownership of it, according to Fox 13.

“Bruce was definitely a legend, running one of the most successful companies, and an out and proud gay individual,” his friend David Parkinson said in a 2022 interview with Equality Utah, Fox 13 reports. “Not only does he give his money, but he gives his time, he gives his connections, he gives his knowledge, to help change Utah,” Parkinson told Equality Utah, of which Bastian was a founding member.

Fox 13 reports that among the organizations to which Bastian was a generous supporter and financial donor were the Utah AIDS Foundation, Utah’s Plan-B Theatre, the Utah Symphony and Opera and Ballet West, and the University of Utah.

A Wikipedia article on Bastian’s life and career says that in 2003, he donated more than $1 million to the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization. It says he donated $1.7 million in 1997 for the renovation of the University of Utah’s Kingsbury Hall in 2000 donated $1.3 million to support the university’s purchase of 55 Steinway pianos. The article says he also supported the university’s LGBTQ Resource Center on campus.

Both Fox 13 and Wikipedia report that in 2010 President Barack Obama appointed Bastian to the Presidential Advisory Committee of the Arts.  

Wikipedia, citing the OUTWORDS archive, reports that Bastian was born March 23, 1948, in Twin Falls, Idaho, was raised as a member of the Church of Jesus Christ of Latter-Day Saints, and served as a missionary in Italy. It says he received a bachelor’s degree in music and a master’s degree in computer science from Brigham Young University. As an undergraduate, he served as director of the university’s Cougar Marching Band, the article says. 

It says Bastian married Melanie Laycock in 1976 and the couple had four sons before they divorced in 1993. It says Bastian later married Clint Ford. 

“Bruce’s impact reached far beyond Utah, as a leading supporter of the national marriage equality movement, and a major benefactor and board member of the Human Rights Campaign,” the Equality Utah statement says, as reported by Fox 13. “He has been a rock and pillar for all of us,” the statement continues. 

“Our community owes more to Bruce than we can possibly express,” it says. “We send our love, gratitude and condolences to Bruce’s wonderful husband Clint, and his friends and children.”

In a statement released on Monday, HRC said Bastian joined the HRC board in 2003. It says the following year he joined fellow HRC board member Julie Johnson to serve as co-chair of “the board’s successful effort to help defeat the Federal Marriage Amendment, a proposed amendment to the constitution that would have specified marriage as legal only between a man and a woman.” 

The HRC statement says Bastian passed away peacefully “surrounded by his four sons, his husband, Clint Ford, and friends and other family members.” The HRC and Equality Utah statements did not disclose a cause of death. 

“We are devastated to hear of the passing of Bruce Bastian, whose legacy will have an undeniably profound impact on the LGBTQ+ community for decades to come,” said HRC President Kelley Robinson in the HRC statement. “Bruce was in this fight, working at every level of politics and advocacy, for over here decades,” Robinson said. 

“He traveled all across this country on HRC’s behalf and worked tirelessly to help build an inclusive organization where more people could be a part of this work,” she said. ‘Bruce stood up for every one of us and uplifted the beautiful diversity of our community,” Robinson said. “It’s the kind of legacy we should all be proud to propel forward.”

The HRC statement says that in addition to his four sons, Bastian is survived by 14 grandchildren, two sisters, a brother, and numerous other extended family members. 

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