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Polis backs executive order barring anti-LGBT job bias

Gay lawmaker skeptical about ENDA’s prospects

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Rep. Jared Polis (Blade photo by Michael Key)

Rep. Jared Polis (D-Colo.) announced support on Monday for an executive order that would protect LGBT people against bias in the workforce by prohibiting the federal government from contracting with companies that don’t have non-discrimination policies based on sexual orientation and gender identity.

“I would applaud that step,” Polis said. “I think that would show a lot of courage on behalf of the administration and demonstrate that they’re committed to moving to a discrimination-free workplace environment.”

The executive order endorsed by Polis during a Washington Blade interview has been seen as an interim alternative to passage of the Employment Non-Discrimination Act — legislation that would would bar job discrimination against LGBT people in most situations in the private and public workforce — while Republicans are in control of the House and progress on the measure is unlikely.

Polis’ announcement comes as House introduction of ENDA was expected this week. Harry Gural, a spokesperson for gay Rep. Barney Frank (D-Mass.), said his boss would announce when the legislation would be introduced on Wednesday, although the exact day for the debut of the bill isn’t yet final.

Polis has a dim view of the chances of passing ENDA — as well as other pro-LGBT legislation — for at least the next two years with House Speaker John Boehner (R-Ohio) in charge of the chamber.

“ENDA had several Republican co-sponsors, but I don’t think it’s likely the Republicans will advance employment non-discrimination,” Polis said

In the meantime, Polis said supporters in Congress should try to educate the public on the issue of job protection and grow the number of co-sponsors for ENDA.

“Nationally, we just need to continue to educate other members of Congress and their staff on what it means,” Polis said.

As he dismissed the prospects of passing pro-LGBT bills during the 112th Congress, Polis said the LGBT community will instead for this period have to focus on beating back anti-gay measures.

“I think we’ll be playing defense,” Polis said. “Certainly there are members of the Republican caucus that want to go after and attack some of the progress that’s been made [in the few] last years. I wouldn’t be surprised if we have to work hard to maintain that progress.”

Among the anti-gay measures that Polis said could emerge during the 112th Congress is revocation of “Don’t Ask, Don’t Tell” repeal and repeal of hate crimes protections legislation — both measures that were passed during the 111th Congress when Democrats had control of both the House and the Senate.

“Those are the two main pieces of progress that we made in the last [Congress], both of which nearly all the Republicans opposed,” Polis said.

Still, Polis expressed optimism about the Student Non-Discrimination Act — a measure he introduced earlier in March in the House along with Sen. Al Franken (D-Minn.) in the Senate.

The legislation, which as of Monday had 103 co-sponsors in the House, would prohibit discrimination, including harassment, against LGBT students in public schools throughout the country.

Polis predicted the number of co-sponsors for the legislation would continue to grow and would see increased support from both Democrats and Republicans.

“I think it’s one thing that conservatives and liberals can agree on — people should feel safe in school,” he said.

Polis noted that supporters of the legislation have been pushing for its inclusion — along with the Safe Schools Improvement Act, a measure requiring schools to set up anti-bullying policies — as part of education reform legislation, or Elementary & Secondary Education Act reauthorization, which President Obama has been calling on Congress to pass this year.

“It’s tied into the fate of ESEA reauthorization, and so if this Congress moves forward with reauthorization of the federal education law, I’m optimistic that we’ll be able to implement protections against bullying in the bill,” Polis said.

Still, Polis said he couldn’t at this point estimate the chances for the success of passing education reform — with or without anti-bullying or anti-discrimination language.

Polis said while the Democratic-controlled Senate intends to pursue broader education reform legislation, Republican leadership in the House is only “looking at a couple of changes rather than a full-out reauthorization.”

“It’s too early to tell whether the 112th [Congress] will issue major changes in federal education policy,” Polis said.

President Obama has yet to enumerate support for the Student Non-Discrimination Act, even though the Obama administration has taken steps to address bullying in schools, such as holding a summit on the issue in March. Polis said he hopes to work with the White House to obtain an endorsement for his bill.

“We’re working closely with the administration to fine tune these bills and help the administration deliver on its promise to reduce and end bullying,” Polis said.

Another larger vehicle that advocates are hoping to use to pass a pro-LGBT measure during the 112th Congress is comprehensive immigration reform.

As talks have reportedly begun again on Capitol Hill related to immigration, LGBT rights supporters are seeking to ensure this larger legislation would incorporate language that would allow gay Americans to sponsor foreign partners for residency within the United States. In the 111th Congress, standalone legislation that would have had this effect was known as the Uniting American Families Act.

But Polis dismissed the possibility of passing comprehensive immigration reform for the next two years — with or without UAFA-like language — given the current makeup of Congress.

“I don’t see much hope for comprehensive immigration reform given the fact that most of the members of the current majority ran against it, so it’s unlikely this Congress,” Polis said.

Still, Polis said he welcomed the decision from U.S. Citizenship and Immigration Services to hold in abeyance the deportation of foreign nationals who are seeking green cards through a same-sex American spouse, although he noted the limitation of this move.

“It’s certainly a step in the right direction, but keep in mind that those individuals would still be unable to work in this country and be unable to access various services legally, so it’s not really a solution,” Polis said.

Polis said he was unsure about prospects for another piece of expected legislation that would eliminate the federal tax on employer-provided health coverage for same-sex couples. In the previous Congress, the legislation was known as the Tax Equity for Health Plan Beneficiaries Act.

With the GOP in control of the House, Log Cabin Republicans has said it would push for the legislation and has maintained it has a shot at passage because it relates to lowering taxes, an effort that Republicans traditionally favor.

Polis said he supports the legislation, but deferred to Republican leadership on the chances of the bill passing over the course of the next two years.

“I think it’s unfair that same-sex couples have disparate treatment, but you’d have to ask the question to the Republican majority to see if they support it,” Polis said.

On “Don’t Ask, Don’t Tell” repeal, Polis said he’s awaiting certification for ending the law as the Pentagon implements training for open service in the U.S. military.

The repeal law that President Obama signed in December allows for repeal only after 60 days pass when the president, the defense secretary and the chair of the Joint Chiefs of Staff certify that the U.S. military is ready for open service. Servicemembers Legal Defense Network has called for expedited training to implement repeal more quickly in the armed forces.

Asked whether he thinks the training is proceeding at a satisfactory pace, Polis replied, “The proof will be in the pudding and we all look forward to the certification of the process — hopefully in the weeks or the very few months ahead when the policy formally is repealed.”

LGBT advocates have been calling on President Obama to issue an executive order that would provide explicit protections for gay service members who feel they’ve experienced discrimination in the armed forces. The White House hasn’t explicitly endorsed or rejected the idea, but has noted policy guidance stating that harassment or abuse based on sexual orientation would be unacceptable in the military.

Despite this call, Polis stopped short of endorsing such an executive order for the U.S. military.

“The military is not my area of expertise,” Polis said. “I’ve been on the board of the Air Force Academy for two years. I’m learning a lot more about defense issues, but I don’t really have an opinion on that yet.”

While expressing skepticism about the chances for  federal progress on LGBT issues in this Congress, Polis was optimistic about the prospects for a pro-LGBT bill in his home state of Colorado: a measure that would legalize civil unions.

“It passed the Senate and has the governor’s support, so hopefully it’ll pass the House,” Polis said.

Polis said lawmakers are pursuing civil unions instead of same-sex marriage legislation because no lawmaker introduced a measure to expand marriage in the state to include gay couples.

Obama hasn’t come out in favor of same-sex marriage, although in December he said he’s been “wrestling” with the issue. Many LGBT advocates have been calling on the president to continue his evolution and back marriage equality.

Asked whether support for same-sex marriage from the president would open the door for gay nuptials in Colorado, Polis replied, “I think the president’s journey is similar to the journey of many people here in Colorado. Many people aren’t quite sure what to think on this issue. They’ve come a long way from where they are or were a decade or two ago, and, of course, the younger generation is already there.”

“Just as the president is wrestling with this issue, many mainstream Americans are wrestling with this issue,” Polis added

Evaluating Obama’s work on LGBT issues as a whole, Polis said the president is “doing a great job” and emphasized Obama can’t enact legislation that members of the LGBT community have been pushing for on his own accord.

“Keep in mind that the president can’t initiate legislation,” Polis said. “It has to pass the House and the Senate. But with regard to his executive orders and his legal strategy — not defending [the Defense of Marriage Act] — I applaud his efforts. I think this administration has been working closely with the LGBT community on the issue of equality.”

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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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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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