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Texas to consider anti-LGBT legislation based on HB2 deal

Proposal would bar municipalities from enacting pro-LGBT ordinances

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Religious Freedom, gay news, Washington Blade

The Texas Senate is set to consider anti-LGBT legislation based on the HB2 deal. (Photo by Daniel Mayer; courtesy Wikimedia)

In a sign the new law in North Carolina that replaced House Bill 2 may be exported to other states, the Texas legislature is set on Wednesday to consider anti-LGBT legislation that bears a striking resemblance to the North Carolina deal.

The bill, House Bill 2899, was introduced Friday by Rep. Ron Simmons (R-Carrollton) as a compromise proposal for lawmakers seeking to enact anti-LGBT legislation in Texas as the biennial legislative session in Texas winds down. The legislation is set for a hearing Wednesday in the House State Affairs Committee.

The measure would prohibit municipalities from enacting ordinances that would “protect a class of persons from discrimination” or reduce or expand the classes of persons protected from discrimination under state law. In effect, the proposal would bar cities from enacting ordinances barring anti-LGBT discrimination because Texas state law affords no protection based on sexual orientation or transgender status.

The proposal has explicit language stating city ordinances would become null and void if they were enacted prior to the passage of the law. That would eliminate non-discrimination ordinances already in place in Austin, Dallas, El Paso, Fort Worth, Plano and San Antonio, according to the Human Rights Campaign’s 2016 Municipal Index.

HB 2899 would take effect immediately if it receives a vote of two-thirds of all the members elected to each house as provided under the Texas Constitution. But if the legislature approves it by a simple majority, it would take effect on Sept. 1, 2017.

The law is proposed as an alternative to anti-LGBT legislation already approved in the Senate, Senate Bill 6, which seems to have stalled out after House Speaker Joe Strauss said he opposed the bill and had no intention of bringing it up. That proposal would bar cities from enacting measures to bar discrimination against transgender people in restrooms and prohibit transgender people from using the restroom consistent with their gender identity in public spaces, such as schools and government buildings.

Matt McTighe, executive director for Freedom for All Americans, said in a statement lawmakers reject the measure because it would have the same discriminatory impact as SB6.

“No one should be fooled by HB2899 ā€“ this is dangerous legislation that is just as discriminatory and economically perilous as SB6,ā€ McTighe said. ā€œLegal protections from discrimination are put in place for a reason, and rolling those protections back should never be on the table. Like SB6, this legislation is a solution in search of a problem that just doesnā€™t exist. There are no winners under HB2899 ā€“ it will create dangerous situations for transgender people, and like SB6 it will tarnish Texasā€™ reputation and economy.ā€

Also condemning the Texas proposal on the basis of it being worse than SB6 was Sarah Kate Ellis, CEO of the LGBT media organization GLAAD.

ā€œThe newly proposed HB 2899 is even worse than SB6 because it invalidates all existing local non-discrimination ordinances that protect LGBTQ Texans and gives anti-LGBTQ state lawmakers full control over future LGBTQ local non-discrimination laws,” Ellis said. “HB 2899 is another harmful ā€˜solutionā€™ in search of a problem and will accomplish one thing: Further putting the lives of all LGBTQ Texans in jeopardy.ā€

The measure bears a striking resemblance to HB142, the replacement law that Gov. Roy Cooper signed as part of a deal with Republican legislative leaders to alleviate economic boycott in his state as a result of HB2. The replacement law, which critics say still enables discrimination, convinced major sports leagues like the NCAA to return to the state, although numerous states and municipalities have continued their bans on sponsored travel to North Carolina in protest over the law.

HB2899 is similar to the HB2 deal because both of them bars cities from enacting pro-LGBT non-discrimination ordinances, although that language in the North Carolina law will sunset in 2020.

The North Carolina law, however, is different because it bars state agencies from the ā€œregulation of accessā€ to bathrooms, locker rooms and showers unless they have the legislatureā€™s permission, explicitly naming the University of North Carolina and the North Carolina Community College System as state agencies. The Texas proposal has no similar language, nor does it name any school.

It remains to be seen whether Texas will move forward with HB2899, or whether lawmakers in other states will seek to pass copycats of the HB2 replacement deal because they’ve seen such measures won’t rise to the level of economic boycott ā€” at least from major sports organizations.

Ian Palmquist, director of programs for the Equality Federation, said after the NCAA agreed to restore games to North Carolina as result of the HB2 deal other states won’t pass copycats laws because they face boycotts from other entities.

“While some organizations like the NCAA are backing down, many are standing firm,” Palmquist said. “Legislators in other states need to know that voters and businesses will rally against any new bills that diminish protections for LGBTQ Americans.”

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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