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Former Republican members of Congress call for Equality Act passage

Ileana Ros-Lehtinen spearheaded letter

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Former U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) (Washington Blade photo by Michael Key)

In a letter addressed Tuesday to party leaders on Capitol Hill, 11 former Republican members of Congress urged federal lawmakers to pass anti-discrimination legislation to protect members of the LGBTQ community.

Former U.S. Reps. Ileana Ros-Lehtinen (R-Fla.), Barbara Comstock (R-Va.), Carlos Curbelo (R-Fla.), Susan Brooks (R-Ind.), Charlie Dent (R-Pa.), Jim Kolbe (R-Ariz.), Claudine Schneider (R-R.I.), Bob Dold (R-Ill.), Jim Greenwood (R-Pa.), Chris Shays (R-Conn.) and Steve Gunderson (R-Wis.) all signed the letter.

ā€œThe status quo is not working for LGBTQ Americans nor is it emblematic of our countryā€™s founding values of freedom, fairness, and equality,ā€ the signatories wrote in the letter addressed to Senate Majority Leader Chuck Schumer (D-N.Y.), Senate Minority Leader Mitch McConnell (R-Ky.), House Speaker Nancy Pelosi (D-Calif.) and House Minority Leader Kevin McCarthy (R-Calif.).

Ros-Lehtinen told the Washington Blade that supporting and urging the passage of nondiscrimination legislation was ā€œthe right action to take.ā€

ā€œThat is why I am so proud to have spearheaded this letter, signed by 10 other former Republican members of Congress, encouraging lawmakers to pass this bill so that discrimination against the LGBTQ+ community will be a thing of the past,ā€ Ros-Lehtinen said.

The Equality Act has been introduced in Congress multiple times dating back to the 1970s. Its latest iteration was introduced by U.S. Rep. David Cicilline (D-R.I.) in early 2021 and was later passed by the U.S. House of Representatives. 

ā€œEquality is a founding principle of our country, and everyone knows discrimination is wrong,ā€ Cicilline told the Blade. ā€œI introduced the Equality Act to guarantee that every LGBTQ+ American would be protected from discrimination in all aspects of our lives. With so much anti-LGBTQ+ legislation being proposed and even passed in some state legislatures across the country, we must pass the Equality Act to end discrimination against the LGBTQ+ community once and for all.ā€

The current form of the legislation would prohibit discrimination on the basis of sexual orientation and gender identity in a number of different areas including public accommodations, employment, housing and education. The bill has now awaited a vote in the U.S. Senate for nearly 16 months, where many see it as unlikely that the bill would be able to garner the 60 votes needed to withstand a potential filibuster and subsequent failure to move forward for President Biden to sign.

In lieu of federal legislation, the president has taken alternative, executive steps to codify LGBTQ protections into areas under his jurisdiction. On Wednesday, President Biden held an event at the White House where he signed an executive order aimed at combatting discrimination against the LGBTQ community.

ā€œAs President Biden said during his first joint address to Congress, the president has the back of LGBTQI+ people across the country,ā€ the White House said in a statement marking the signing that took place during a Pride Month event. ā€œThat is why he [is] taking these bold actions and continuing to fight for full equality for every American ā€” including urging Congress pass the Equality Act and provide overdue civil rights projections for LGBTQI+ people.ā€

The presidentā€™s executive order took aim at the continued practice of so-called conversion therapy and hundreds of discriminatory state laws passed in the last year. The order tasked entities under his command, such as the U.S. Departments of Health and Human Services and Education, with combatting such legislation and harmful practices.

LGBTQ nondiscrimination advocates have similarly been able to make strides in certain areas in recent years without the Equality Act. 

The landmark U.S. Supreme Court decision in Bostock v. Clayton County in 2020 ruled that discrimination based on sexual orientation and gender identity was illegal in employment under Title VII of the 1964 Civil Rights Act. However, multiple states still permit such discrimination in areas outside of employment. 

Ros-Lehtinen described how she believes passing comprehensive nondiscrimination legislation would make fairness and equity in all states a reality.

ā€œThe sad truth is that in our wonderful nation, it is still permissible to discriminate against individuals based on their sexual orientation or gender identity,ā€ Ros-Lehtinen said. ā€œWe need federal protections and not a patchwork of state laws that may or may not grant protection from this unfair discrimination. I urge the U.S. Senate to pass the Equality Act which will grant this protection.ā€

But despite the current wave of anti-LGBTQ legislation in numerous states, largely sponsored by members of her party, Ros-Lehtinen expressed continued optimism that a greater share of her party would soon support efforts to make nationwide LGBTQ protections omnipresent.

ā€œI remain hopeful that members of my Republican Party will move away from extremist views and walk toward the light of acceptance and inclusion of the LGBTQ+ community,ā€ Ros-Lehtinen said. ā€œThey are our family members, our neighbors, our work colleagues.ā€

And, as signaled by the language of the letter submitted to congressional leaders, her fellow signatories agree.

ā€œBipartisan leadership on this issue is possible,ā€ the former congresspeople wrote. ā€œAmericans from all walks of life ā€” across political party, demographics, and geography ā€” support protections and are ready for Congress to act. The current Congress has momentum and the go-ahead from the public to outlaw LGBTQ discrimination once and for all.ā€

Michael K. Lavers contributed to this story.

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Congress

House ethics complaint filed over GOP staffer’s anti-trans email

Rep. Carol Miller’s chief of staff defended his actions

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Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), in 2012. (Screenshot/YouTube San Diego City Beat)

A federal government employee has filed a complaint to the U.S. House Ethics Committee over an email they received from Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), which contained combative and anti-trans language. 

The Washington Blade has seen the correspondence between the parties, in which the confrontation was apparently kicked off when the congresswomanā€™s top aide received an email that included the senderā€™s preferred pronouns in the signature box, triggering his reply.

Donnellan wrote, “As a father, it is disgusting that anyone would ever tell my son or daughter that something is wrong with them and they should take sterilizing hormones or have surgery to cut off their genitals.”  

“The fact that you support that ideology by putting pronouns in your signature is awful,ā€ he said, adding, ā€œYouā€™re disgusting and should be ashamed of yourself. Donā€™t email me or anyone from my office ever again.ā€ 

A senior government official told the Blade in a written statement that the email was not out of character for Donnellan:

 ā€œIā€™ve heard from two colleagues several months apart about two separate transphobic emails, using identical language, from Matthew. Unfortunately these emailsā€”though inconsistent with the typical collegiality one would expect from a Chief of Staff on the Hillā€”is likely a reflection of both increased partisanship on the Hill and a rise in anti-LGBTQ rhetoric from the right.

ā€œNot only is this virtual, hate-filled temper tantrum unbecoming of a Chief of Staff, inappropriate, and unprofessional, it also hurts his bossā€™s constituents. DC is built on congressional staff, members of Congress, and executive officials being able to put aside their differences to find unlikely areas of commonality where they can work together. 

ā€œEven some of the most progressive members, like [U.S. Reps. Alexandria Ocasio-Cortez (N.Y.) and Jerry Nadler (N.Y.)] have partnered with some of the most conservative members, like [U.S. Reps. Matt Gaetz (Fla.) and Jim Jordan (Ohio)], respectively, when they can find common ground. 

ā€œMatthewā€™s refusal to work with an agency department or office just because a staffer has pronouns in their signature isnā€™t just hatefulā€”it means heā€™s cutting off opportunities to deliver results for his bossā€™s constituents, especially in a divided Washington.ā€

Donnellan told the Blade by email that his response to the government employee is ā€œa reply I send to anyone who uses pronouns or pushes gender ideology in any way.ā€ 

ā€œNo one is ā€˜born in the wrong bodyā€™ and it’s horrific to tell anyone that they need genital mutilation surgery or sterilizing drugs,ā€ he said. ā€œPeople who push gender ideology, actively or passively, are awful and should be confronted every single time.ā€

ā€œIf the blunt reality of the terrible things that they are pushing is offensive to them then they should strongly reconsider what it this they believe and the harm that they are doing rather than simply trying to conform to liberal luxury beliefs,ā€ Donnellan said. 

Addressing the complaint filed against him, Donnellan said, ā€œI haven’t heard anything from Ethics and doubt that I will, they generally don’t waste their time with sheltered progressives being forced into the real world for the first time.ā€

A House Ethics Committee spokesperson declined to comment when asked if they could confirm receipt of the complaint.

Asked whether Miller might object to the way that she and her Congressional office are represented with these confrontational email exchanges, Donnellan said his bossā€™s ā€œmotto is ā€˜cut the bullā€™, and gender ideology is some of the biggest bull there is.ā€   

On Friday, the congresswomanā€™s son Chris Miller placed third in the Republican primary contest for West Virginiaā€™s gubernatorial race, where the stateā€™s Attorney General Patrick Morrissey secured his partyā€™s nomination in a decisive victory with 33 percent of the vote. 

Leading up to the election, trans issues had emerged as a dominant focal point as the GOP candidates squared off against each other, with Millerā€™s campaign attacking Morrissey with allegations that he had profited from ā€œthe trans agendaā€ and backed a drug company that ā€œhelps turn boys into girlsā€ when working as a healthcare lobbyist in Washington.  

In one ad that was paid for by a super PAC chaired by his father, Miller said the pronouns used by Morrissey are ā€œmoney-grubbing liberal,ā€ an interesting charge to level at the conservative Republican attorney general of West Virginia (even notwithstanding the fact that those three words are not pronouns but, rather, nouns and verbs.)

Declaring preferred pronouns in workplace email signatures has become commonplace in both the public and private sector, whether for purposes of sending an affirming message to transgender and gender expansive employees and officers or to mitigate the chances that either they or their cisgender counterparts might be unintentionally misgendered. 

The Biden-Harris administration has pushed for agencies to adopt the practice along with other measures and policies to advance the rights and wellbeing of trans and gender expansive employees across the federal government. 

In a 2021 announcement of the U.S. Department of Agricultureā€™s issuance of updated guidance on the agencyā€™s email signature block, Michael Watts, director of civil rights for the U.S. Forrest Service, noted that ā€œThere are plenty of gender-neutral names out there, or names from other cultures that might not give you enough information to know their gender.ā€ 

While the inclusion of pronouns was not made mandatory at USDA, he urged employees to ā€œstrongly consider taking this small but important step toward supporting inclusiveness in the workplace.ā€ 

ā€œThe use of pronouns in our email signatures and getting into the habit of including pronouns in our introductions doesnā€™t really cost us anything,ā€ Watts added, arguing that the move constitutes ā€œa meaningful exchange to others and makes it easier for people to be respectful in how they address each other.ā€

ā€œI just think itā€™s the right thing to do,ā€ he said. 

Official guidance published by the U.S. Office of Personnel Management, which is responsible for administering policies across the U.S. federal civil service, stipulates that agencies should “take steps to provide the option for employees to include the pronouns they use in employee systems and profiles, including email signature blocks, employee directories and employee profiles.”

Some have gone further, such as by adding pronouns to email signatures for all employees, as the U.S. Department of State did in 2023, while others like USDA have established, as official policy, that “employees are encouraged to include their pronouns in the first line of their email signature block (e.g. he/him/his). Signature blocks are a simple and effective way for individuals to communicate their identified pronouns to colleagues, stakeholders, and customers.”

“For example,” the USDA writes, “adding pronouns to signature blocks also has the benefit of indicating to the recipient that you will respect their gender identity and choice of pronouns.”

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Lawmakers champion drug policy reforms at National Cannabis Policy Summit

Congressional leaders pledged their support for decriminalization

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U.S. Rep. Barbara Lee (D-Calif.), second from left (Washington Blade photo by Christopher Kane)

Speaking at the 2024 National Cannabis Policy Summit on Wednesday, congressional leaders pledged their support for proposals to remedy the harms of America’s War on Drugs while protecting cannabis users and cannabis businesses that are operating under a fast-evolving patchwork of local, state, and federal laws.

Overwhelmingly, the lawmakers who attended the conference at the Martin Luther King Jr. Memorial Library in D.C. or delivered their remarks virtually were optimistic about the chances of passing legislative solutions in the near-term, perhaps even in this Congress.

Participants included U.S. Sens. Raphael Warnock (D-Ga.), Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), and Senate Majority Leader Chuck Schumer (D-N.Y.), along with U.S. Reps. Eleanor Holmes Norton (D-D.C.), Earl Blumenauer (D-Ore.), and Barbara Lee (D-Calif.), who co-chairs the Congressional Cannabis Caucus and was honored at the event with the Supernova Women Cannabis Champion Lifetime Achievement Award. Republicans included an aide for U.S. Rep. David Joyce (R-Ohio) who was featured in an afternoon panel discussion about the cannabis policy landscape on Capitol Hill.

Each of the members have long championed cannabis-related policy reforms, from Merkleyā€™s SAFER Banking Act that would allow cannabis businesses to access financial services (thereby affording them the critically important protections provided by banks) to Leeā€™s work throughout her career to ameliorate the harms suffered by, particularly, Black and Brown communities that have been disproportionately impacted by the criminalization of marijuana and the consequences of systemic racism in law enforcement and the criminal justice system.

The lawmakers agreed America is now at an inflection point. Democratic and Republican leaders are coming together to support major drug policy reforms around cannabis, they said. And now that 40 states and D.C. have legalized the drug for recreational or medical use, or both, the congress members stressed that the time is now for action at the federal level.

Last summer, the U.S. Department of Health and Human Services issued a formal request to re-categorize marijuana as a Schedule III substance under the rules and regulations of the Controlled Substances Act, which kicked off an ongoing review by the Biden-Harris administration. Since the lawā€™s enactment in 1971, cannabis has been listed as a Schedule I substance and, therefore, has been subject to the most stringent restrictions on and criminal penalties for its cultivation, possession, sale, and distribution.

Merkley acknowledged that re-scheduling would remedy the Nixon administrationā€™s ā€œbizarreā€ decision to house marijuana under the same scheduling designation as far more harmful and addictive drugs like heroin ā€” and noted that the move would also effectively legalize biomedical research involving cannabis. However, the senator said, while re-scheduling ā€œmay be a step in the right direction, itā€™s not de-schedulingā€ and therefore would not make real inroads toward redressing the harms wrought by decades of criminalization. Ā 

Likewise, as she accepted her award, Lee specified that she and her colleagues are ā€œworking night and day on the legalization, not re-scheduling.ā€ And her comments were echoed by Warren, who proclaimed in a prerecorded video address that ā€œde-scheduling and legalizing cannabis is an issue of justice.ā€

Congressional Republicans have blocked legislation to legalize marijuana, the Massachusetts senator said, ā€œand that is why the scheduling is so important,ā€ as it might constitute a ā€œtool that we can use to get this done without Republican obstruction.ā€

Warren, Merkley, and Schumer were among the 12 Senate Democrats who issued a letter in January to the U.S. Drug Enforcement Administration requesting transparency into its re-scheduling process while also, more importantly, demanding that the agency fully de-schedule cannabis, which would mean the drug is no longer covered by the Controlled Substances Act.

However, in a possible signal of political headwinds against these efforts, their Republican colleagues led by U.S. Sen. Mitt Romney (R-Utah) responded with a letter to DEA Administrator Anne Milgram ā€œhighlighting concerns over HHSā€™s recommendation to reschedule marijuana from a Schedule I to Schedule III-controlled substance.ā€ The GOP signatories, all of whom serve on the Senate Foreign Relations Committee, also sought to ā€œunderscore the Drug Enforcement Administrationā€™s (DEA) duty under the Controlled Substances Act (CSA) to ensure compliance with the United Statesā€™ treaty obligations under the Single Convention on Narcotic Drugs.ā€

As Norton noted during her prepared remarks, elected Democrats are not necessarily always on the same page with respect to expanding access to economic opportunity facilitated by cannabis. For instance, though President Joe Biden had promised, during his State of the Union address this year, to direct his ā€œCabinet to review the federal classification of marijuana, and [expunge] thousands of convictions for mere possession,ā€ Norton blamed Biden along with House Republicans for provisions in the federal budget this year that prohibit D.C. from using local tax dollars to legalize cannabis sales.

A non-voting delegate who represents the cityā€™s 690,000 residents in the House, Norton called the presidentā€™s position ā€œdeeply disappointing,ā€ particularly considering his record of supporting ā€œD.C. statehood, which would allow D.C. to enact its own policies without congressional interferenceā€ and grant its residents voting representation in both chambers of Congress. She added that the majority of Washingtonians are Black and Brown while all are held responsible for ā€œthe obligations of citizenship including paying federal taxes.ā€

Norton said the city should also have the power to grant clemency for crimes committed in the District, including cannabis-related crimes ā€” power that, currently, can only be exercised by the president.

Some Republican lawmakers have been at the forefront of efforts to reform harmful cannabis regulations. For instance, a participant in a mid-afternoon panel pointed to the CURE Act, a bill introduced by U.S. Reps. Nancy Mace (R-S.C.) and Jamie Raskin (D-Md.) that would prohibit the federal government from denying security clearances based on applicantsā€™ past or current use of cannabis.

While securing statehood for D.C. and de-scheduling cannabis via legislation or administrative action are perhaps, at least for now, a heavy lift, Merkley pointed to promising new developments concerning his SAFER Banking Act.

The Oregon senator first introduced the measure, then titled the SAFE Banking Act, in 2019, and he said the legislationā€™s evolution into its current iteration was difficult. ā€œRegulators donā€™t want to be told what to do,ā€ Merkley said, and negotiations with these officials involved ā€œnitty-gritty arguments over every word.ā€

Pushback also came from one of Merkleyā€™s Democratic colleagues. In September, Warnock, who is Georgiaā€™s first Black U.S. senator, voted ā€œnoā€ on the 2023 version of the SAFER Banking Act, writing: ā€œMy fear is that if we pass this legislation, if we greenlight this new industry and the fees and the profits to be made off of it without helping those communitiesā€ most harmed by the War on Drugs ā€œwe will just make the comfortable more comfortable.ā€

Warnockā€™s statement followed his pointed remarks expressing concerns with the legislation during a Senate Banking Committee hearing.

ā€œLet me be very clear,ā€ he said, ā€œI am not opposed to easing or undoing federal restrictions around cannabis. And I would support all of the provisions and reforms in this legislation if paired with broader cannabis reforms that substantively address the issue of restorative justice. This bill does not do that.ā€

At this point, however, the latest version of the SAFER Banking Act has advanced out of committee and earned the support of Senate leaders including Schumer and much of the Republican conference.

ā€œThis is the moment,ā€ he said. ā€œLetā€™s not let this year pass without getting this bill ā€” the safer banking bill ā€” through the House, through the Senate, and on the presidentā€™s desk.ā€

In her remarks, Lee also discussed the importance of business and industry-wide reforms like those in Merkleyā€™s bill.

ā€œWe have to make sure that the cannabis industry is viewed by everyone, especially our federal government, as a legitimate business,ā€ Lee said. ā€œLegitimate, which deserves every single aspect of financial services that any legitimate business deserves and has access to.ā€

Like Warnock, the congresswoman also highlighted how these financial and business considerations intersect with ā€œequity issues,ā€ as ā€œthose who have been most impacted by this horrible War on Drugsā€ must ā€œbecome first in line for the businesses and for the jobs and for the economic opportunity the cannabis industry provides.ā€

Reflecting on her experience introducing the Marijuana Justice Act in 2019, which was Congressā€™s first racial justice cannabis reform bill, Lee remembered how ā€œeveryone was like, ā€˜why are you doing this? Itā€™s politically not cool.ā€™ā€ Her legislation sought to end the federal criminalization of marijuana, expunge the criminal records of those convicted of cannabis-related crimes, and reinvest in communities that have suffered disproportionately from the War on Drugs.

The congresswoman said she explained to colleagues how the bill addressed ā€œmany, many layersā€ of often-intersecting problems linked to federal cannabis policy, telling them: ā€œThis is a criminal justice issue, a racial justice issue, an issue of equity, a medical issue, a veteransā€™ issue, and an issue of economic security.ā€

Two years later, with a 220-204 vote, the House successfully passed the Marijuana Opportunity Reinvestment and Expungement Act, a comprehensive bill introduced by U.S. Rep. Jerry Nadler (D-N.Y.) and to the Senate by then-U.S. Sen. Kamala Harris (D-Calif.). The measure included Leeā€™s Marijuana Justice Act.

ā€œThis bill is the product of many, many years of advocacy for federal cannabis reform and equity,ā€ she said in a statement celebrating the billā€™s passage. ā€œMake no mistake: This is a racial justice bill. Itā€™s about the thousands of people of color who sit in jail for marijuana offenses while others profit. Itā€™s about finally repairing the harms of the War on Drugs on communities and families across the country.ā€

ā€œWe’ve come a long way,ā€ she told the audience on Wednesday. ā€œAnd now we have a long way to go.ā€

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House passes spending bill as Greene threatens to oust Johnson

51 of 52 anti-LGBTQ riders were defeated

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Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20. (Washington Blade photo by Michael Key)

The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

ā€œToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā€ said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

The speaker, meanwhile, proclaimed, ā€œHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā€

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

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