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Zero Democrats lend name to GOP compromise on LGBTQ rights

All 21 original co-sponsors are Republicans

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Fairness for All Americans Act, gay news, Washington Blade
Rep. Chris Stewart (R-Utah) speaks at a press conference following the introduction of the ‘Fairness for All Americans’ Act. (Washington Blade file photo by Vanessa Pham)

Despite signals the Fairness for All Act counterproposal from Republicans on LGBTQ rights and religious freedom would have bipartisan support upon its reintroduction on Friday, the final list of original co-sponsors has no Democrats.

Although the list of 21 co-sponsors is more than double the nine who support the first iteration of the Fairness for All in the previous Congress, they’re entirely made up of Republicans. The absence of any Democrats dashes hopes from supporters the legislation could be a starting point for negotiations across the aisle on the Equality Act in the Senate.

Rep. Chris Stewart (R-Utah), the chief sponsor of the bill, nonetheless hailed the Fairness for All Act upon reintroduction as a way to bring the gap on LGBTQ rights and religious freedom.

“It is hard to really love our neighbors when we are fighting with them over whose rights are more important,” Stewart said. “This country can accommodate both civil liberties for LGBT individuals & religious freedom. We have wasted enough time, energy, and money fighting over who deserves which legal protections. It is time to define the federal protections for our LGBT and religious friends and neighbors.” 

The Fairness for All Act, like the Equality Act, would amend all aspects of federal civil rights law to expand the prohibition on discrimination against LGBTQ people in employment, housing, public accommodations, federally funded programs, education, credit and jury service. A copy of the bill reviewed.by Blade revealed the Fairness for All Act doesn’t have substantive changes from its previous iteration in terms of LGBTQ issues, but other than clarity for protections based on race, color and national origin.

Stewart, in a statement to the Washington Blade, said he won’t give up on finding Democratic for the legislation.

“I am grateful to my colleagues who joined me today,” Stewart said. “We are still working with our Democratic colleagues and have high hopes that this bill will ultimately be bipartisan.”

Stewart had signaled as of Wednesday via a spokesperson the Fairness for All Act “will have bipartisan support by the end of the week” and would hold off on plans to introduce the legislation until after the U.S. House voted on the Equality Act, the flagship comprehensive bill to expand anti-discrimination principles for LGBTQ people under federal civil rights law.

The House approved the Equality Act on a largely party-line vote Thursday with just a blemish of bipartisan support. Three Republicans voted for the Equality Act, compared to the eight who voted for the legislation in 2019.

Rep. David Cicilline (D-R.I.), the sponsor of the Equality Act in the House, told the Washington Blade on Thursday amid uncertainty of the legislation in the Senate the Fairness for All Act would “very clearly be worse than nothing.”

“For the first time in our history, it would actually put in federal statute provisions that permit discrimination against the LGBTQ community,” Cicilline said, “It would be a tremendous step backward, which is why it’s not supported by any major LGBT organization, all of the major LGBT organizations support the Equality Act. The Stewart bill is a tremendous step backward in our fight for full equality.”

Asked if he has any issues with fellow Democrats co-sponsor the Fairness for All Act, Cicilline held firm.

“I would hope that people are committed to equality for the LGBTQ community would not support this bill because it would put in statute and authorize expressly discrimination against the LGBTQ community,” Cicilline said.

Among the co-sponsors are Republicans who voted for the Equality Act, including Reps. Brian Fitzpatrick (R-Pa.) and Tom Reed (R-N.Y.). Other co-sponsors are Republicans who voted for the Equality Act in 2019, but not 2021, including Rep. Elise Stefanik (R-N.Y.) and Mario Diaz-Balart (R-Fla.). One Republican who voted twice for the Equality Act, Rep. John Katko (R-N.Y.), isn’t a co-sponsors of the Fairness for All Act.

Although both the Equality Act and the Fairness for All Act would expand the prohibition on anti-LGBTQ discrimination under federal law, they have key differences. For example, the Equality Act would specify the 1993 Religious Freedom Restoration Act couldn’t be raised as a defense in court against allegations of illegal anti-LGBTQ discrimination, but the Fairness for All Act would not.

Additionally, the Fairness for All Act would provide an exemption under Title II of the Civil Rights Act to allow stores, shopping centers or online retailers to refuse service to LGBTQ people if they have 15 or fewer employees, but the Equality Act provides no such exemption. The Equality Act would clarify transgender people should have access to locker rooms and bathrooms consistent with their gender identity, while the Fairness for All Act implies that but doesn’t spell it out. The Equality Act is silent on whether its ban on sex discrimination would prohibit medical providers from refusing to perform an abortion, the Fairness for All Act specifies it would not.

(The Washington Blade is preparing a detailed chart on the differences between the Equality Act and the Fairness for All Act, as well as the situation with current law after the U.S. Supreme Court’s decision last year in Bostock v. Clayton County, which found anti-LGBTQ discrimination is an illegal form of sex discrimination under Title VII of the Civil Rights Act of 1964, therefore not only illegal in employment, but under all laws that ban sex discrimination.)

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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