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Pride protest ignites stormy debate in D.C.’s LGBT community

Accounts differ wildly in assessment of No Justice No Pride actions

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No Justice No Pride activists end their self-imposed blockade and march down P Street. (Washington Blade photo by Michael Key)

The actions of protest group No Justice No Pride, members of whom formed a blockade Saturday evening that required the Capital Pride Parade to be rerouted and delayed by more than an hour, have inspired a wide range of strong reaction from parade participants, long-time D.C.-area LGBT activists, Capital Pride officials, observers and others.

Social media was ablaze Saturday and throughout the weekend with some saying the group, a self-described ad-hoc coalition of activists that “seeks to end the LGBT movement’s complicity in systems of oppression that harm LGBTQ2S (i.e. queer/two-spirit) communities,” ended up doing little more than angering and alienating people who should be their allies while others said the loudest denunciations seemed to come from cis, white, gay men who were mad because their party got delayed.

“I think their parade interruption was ill advised,” said Lane Hudson, a longtime, D.C.-based gay activist. “From what I know about Capital Pride, they are very open minded and welcoming. To suggest otherwise is simply not true. If there is a lack of LGBT, queer and two-spirit involvement, it’s because of a choice (by those folks) not to get involved in Capital Pride. … It’s about who shows up.”

SaVanna Wanzer, a Capital Pride board member, trans woman of color and founder of Transgender Pride (an official Capital Pride event), agrees.

“When we have our (Trans Pride) organizational meetings, it’s the same six people who show up every year along with the executive producer and producer of Capital Pride,” Wanzer said. “I don’t know if any of the protestors have any desire to volunteer with Capital Pride or not, but we’d love to have more trans people of color on the board.”

On Saturday, June 10 about 3:30 p.m., a couple hundred No Justice No Pride protesters held a march of their own on the Capital Pride Parade route walking together while pop songs blasted from a loudspeaker and participants chanted anti-corporate slogans. Later another group joined hands with a chain-like material on P Street between 15th and 16th streets, N.W. in the planned route of the parade. Ten protesters formed a chain, chanting slogans and clashing vehemently with bystanders. Eyewitnesses said they saw no violence erupt though some No Justice protesters say they were kicked and spit on.

The parade was significantly delayed and eventually was rerouted. There was a strong presence of D.C. Metro Police at the site of the protest. No arrests were made.

No Justice No Pride members distributed pink sheets in which they demanded that Capital Pride add more trans women of color to leadership positions, more stringently vet which corporate sponsors are allowed to give money to Capital Pride, prevent uniformed police officers and military personnel from participating in the parade because of fraught histories with these groups and LGBT people and many other issues. A full list of their demands can be found at nojusticenopride.org.

The group found supporters among the D.C.-area LGBT establishment.

“It does seem to be predominantly the cisgender, white gay men who are the most upset these people weren’t dragged away and arrested,” said one long-time local black lesbian activist who is not allowed to speak on the record because of her job. “But D.C. has a long history of allowing protesters to exercise their First Amendment rights. We’re not going to drag people from the street so you can continue to party. That’s ridiculous. This is a backlash against the white gay men from Logan Circle. Did they want this to turn into the next Ferguson? Think a little bit about the pros and cons and check your privilege at the door.”

Others, though, say the No Justice protesters had no interest in having their concerns addressed in a reasonable way and refused to back down. A pre-Pride meeting at National City Christian Church on May 8 was heated on both sides. No Justice No Pride plans a “debrief and forum” on Friday, June 23. Look for the group on Facebook for details.

“There are people out there who are never going to be satisfied, 100 percent no matter what you do,” Wanzer said. “They’re always going to have a complaint, they’re always going to have something to say. They say they’re protesting for the rights of trans people of color, but not all the local trans people of color are on the same page with them. We don’t need them to protest or speak out on our behalf. What they did was inappropriate because it took away from the enjoyment and the feel of Pride. If anything it backfired in a way because it made those of us in Capital Pride more unified.”

Others say the protesters have several good points but did themselves more harm than good with their tactics.

“It remains to be seen if tactics like disrupting Pride parades engage or alienate the community and allies,” said Dave Kolesar, a local white gay man. “And with regard to corporate sponsorships of Pride, there was a time not that long ago when finding corporations to sponsor events was nearly impossible as a conservative backlash would inevitably follow. So while it is always a legitimate concern to be able to strike the right balance between corporate and grassroots involvement, I would be cautious about pushing corporations away.”

Hudson agrees.

“Most of the corporations they are targeting have 100 percent ratings on the (Human Rights Campaign) Corporate Equality Index. While intersectionality is much needed, it cannot always require purity. Life, including activism, is a set of choices. Progress isn’t always perfect and it can always be built upon.”

Others say the No Justice No Pride protesters don’t understand the long and tangled history the D.C. LGBT community has with some of the groups they targeted. Cathy Renna, a longtime activist who spoke on behalf of Capital Pride this week, says she knows of trans folks who worked for defense contractors Northrop Grumman, one of the groups No Justice said was not an appropriate Pride sponsor, when they couldn’t continue their military service with “Don’t Ask, Don’t Tell” still in effect.

And to tell military and police they weren’t welcome at the parade, Renna says, was unrealistic.

D.C. Pride protest, gay news, Washington Blade

No Justice No Pride protesters in action on Saturday (Washington Blade photo by Michael Key)

“I think there was a good faith effort during and after the community forum to try and address some of these concerns, particularly with the police contingent but Capital Pride was not going to exclude them because they did not want to exclude any groups,” Renna said. “Most people understand the Gay & Lesbian Liaison Unit has a long history working with our local community and anytime you have a crowd of any size like that in D.C., there’s going to be a sizable police presence.”

“I have a lot of mixed feelings,” said Ruby Corado, a long-time D.C.-based trans activist who runs Casa Ruby, a local LGBT community center. “While I acknowledge that some of their issues are valid and I think there’s value to what the group is saying, I struggle with how they’re doing things. … I really do think shutting down the parade for three hours was a little bit too much, I really do, because there were a lot of people there, lots of trans and queer people of color, who’d worked really hard and were there to celebrate. Yes, sure, do hold Capital Pride accountable, but everyone needs to be held accountable, not just Capital Pride.”

Yet accounts of exactly what happened, how the protest was handled and who exactly was behind it differ based on whom you ask. Several local trans residents declined Blade requests for comment for fear of angering No Justice protesters.

Renna spotted a group of about 50-75 people carrying a tri-colored banner that said “No Justice No Pride — Queer & Trans Resistance” on Friday on 14th Street, N.W. and said it appeared to be a significantly different group than those who protested at the parade. Emmelia Talarico, a No Justice No Pride senior organizer said she had no knowledge of who that group was.

“As far as I know, that didn’t happen,” Talarico, a trans woman, said. “If some folks did that, they did not meet with us as representatives of No Justice No Pride.”

Talarico also denied other rumors circulating this week that some of the protesters at the Saturday parade were paid. She said the reality was quite the opposite.

“That’s not at all true,” she said. “We did pay for about six or seven people, black trans women, to perform at the healing space we had but that was because we felt that they deserved to be paid for their work like anyone else would be. No one who was in the blockades who took action in the street were paid. Some of us even emptied our bank accounts to make this happen.”

She also said assertions by some that the No Justice folks were far-left radicals who are out to destroy Pride in D.C. and in other cities is wildly inaccurate.

“We don’t want to destroy Pride, we want to make it better,” Talarico said. “It’s not about destroying Pride, it’s about making it into something that’s more representative of all of us and honors those of us who are struggling at the margins. A lot of this is coming from fissures that have been boiling beneath the surface for decades. The reason people are reacting so strongly is because we’re forcing them to see it for the first time in a long time.”

Accounts also vary as to how much dialogue happened in previous years about some of these issues and whether concerns were brushed aside and if Capital Pride was given a reasonable amount of time to address their concerns this year.

“I can honestly say that we as a team, and I’m speaking as a board member of Capital Pride, we are working as a team to better all or at least most of the issues they’re protesting,” Wanzer said. “But it can’t be done overnight. It’s an ongoing effort and we are taking steps and working on it.”

Wanzer said she finds it interesting that No Justice seemed to have no issue with Transgender Pride this year.

“The fact that there even is a Transgender Pride doesn’t fit their narrative, so they just ignored that,” she said.

Sgt. Brett Parson of D.C. Metro Police, a long-time spokesperson for the department, said no arrests were made because “it was a peaceful event,” he wrote in an e-mail to the Blade.

“As long as a First Amendment assembly is peaceful, MPD makes every effort to facilitate that expression of rights while also ensuring the safety and security of the community,” he said.

Talarico said that’s not true.

“I was not surprised but I was very disappointed at the way several folks, mostly cis, white gay men, were treating the activists,” she said. “We had bottles chucked at us, trash dumped on us, I got punched, shoved, kicked and spit at. We brought our own de-escalators. We came peacefully and with people trained to make sure this would be a non-violent protest.”

In a post-parade official statement, Capital Pride organizers said they were “troubled by reports that some onlookers responded to the protesters with verbal and physical harassment.”

There’s also confusion as to the degree to which GetEQUAL, an advocacy group that fights for LGBT issues “through confrontational but non-violent direct action” is intertwined with No Justice No Pride. GetEQUAL Director Angela Peoples has been active with No Justice. Talarico said the two groups have been working together.

No Justice No Pride’s list of demands of Capital Pride (Washington Blade photo by Michael Key)

“We really respect them and love working with them,” Talarico said. “I definitely commend them for all the help they gave us. I would say they are a very good group.”

But as to rumors GetEQUAL may be behind similar protests in other cities, Talarico said she had no knowledge of such actions. Peoples did not immediately respond to a request for comment.

“We are aware of actions that have happened in Tel Aviv, in Boston, Pittsburgh and we know that there are actions being planned in Philadelphia, New York, somewhere in Washington and in San Francisco. Some of those folks have been reaching out to us asking for tips, advice and support.”

Talarico said she is unaware of any single group spearheading the efforts, though.

“Some of the narrative we’ve been pushing seems to be resonating with people across the country on their own issues and I think a lot of the grievances are shared,” she said. “A lot of these Prides have a lot of corporations that are trying to exploit trans and queer youth and a lot of those grievances are shared. I would like to see a lot of these cities work tightly with their local communities that are under attack and address their own grievances.”

Another recurring theme in some of the No Justice criticism is that the group has lost sight of who the real enemy is. Renna, a longtime activist who formerly worked with GLAAD and was around during the ACT UP AIDS protests in the ‘80s, says she’s never seen the LGBT community at this level of internal conflict before.

“We’ve certainly had disagreement in terms of tactics, but it’s just a bit heartbreaking to feel like people are now attacking other people personally and that has not happened in the past. There’s been such a complete lack of any benefit of the doubt or any sense of community negotiation that both sides understand in terms of the bigger picture and trying to do things realistically. Some of these demands are so overreaching and just not true.”

Deacon Maccubbin, who started Capital Pride in D.C. in 1975, said No Justice’s actions show ignorance of Pride history and are a disservice to the trans and LGBT people of color who enjoy the parade annually.

“There were so many disappointed people at the parade,” he wrote in an online post to a GetEQUAL social media comment that he gave the Blade permission to reprint. “There were kids of all colors and gender expressions who practiced for weeks to make their contingents, their dance routines, their signs and placards be something they could be proud of. Shame on you. There were huge numbers of people of color, joy visible on their faces, their voices strong and proud. … You stomped on their day of celebration. You had no consideration for what they may have gone through to be there and what sacrifices they may have made just to survive until 2017. … Today’s action was a total fail. There was nothing to be proud of in it.”

Capital Pride organizers said they will continue to “encourage a robust, civil and healthy conversation within the community about all of the issues that impact us … in the days, weeks and months ahead.”

The Blade’s Michael Key and Lou Chibbaro Jr. contributed to this report. 

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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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