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LGBT bills unlikely to advance in Senate before Election Day

Advocates hope for markup on ENDA

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Senate Majority Leader Harry Reid is unlikely to schedule floor time for pro-LGBT bills. (Blade file photo by Michael Key)

With a few months remaining in the 112th Congress ā€” and a few weeks until lawmakers adjourn for August recess ā€” advocates say the chances for advancing any pro-LGBT legislation even in the Democratic-controlled Senate are slim ā€” at least before Election Day.

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, expressed the sentiment that progress on pro-LGBT bills is unlikely in Congress anytime soon.

“Obviously the calendar is tight with only seven legislative weeks between now and the election,” Cole-Schwartz said. “Further, as summer rolls on, it begins to get harder and harder to get much done on Capitol Hill.”

Still, Cole-Schwartz said HRC will lookĀ to see what could be accomplished in the lame duck session and push to include LGBT provisions in any major tax bill or other omnibus spending package that comes to the floor.

Few had expected pro-LGBT legislation to move through the House while Republicans remain in control of the chamber, although some progress was made on bills in the Senate ā€” including the Employment Non-Discrimination Act, the Domestic Partnership Benefits & Obligations Act, and the Respect for Marriage Act ā€” leading to hopes that more progress could be made in at least one chamber of Congress.

On ENDA, which would bar job discrimination against LGBT people in the workplace,Ā the Senate Health, Education, Labor & Pensions Committee held a historic hearing last monthĀ featuring the first-ever testimony from an openly transgender personĀ before the Senate. Earlier in the Congress, the DPBO bill, which would extend health and pension benefits to partners of federal workers, and the RMA, which would repeal the Defense of Marriage Act, were reported out of their respective committees of jurisdiction.

But even these bills may not advance. A Senate Democratic aide, speaking on condition of anonymity, said it was unlikely that Senate Majority Leader Harry Reid (D-Nev.) would schedule time for votes on these bills before Election Day, but left the door open for the possibility of them being tacked on to larger legislation coming to the floor.

“There is very little chance that any of these bills will be voted on in the Senate ā€” as freestanding legislation ā€“ before the end of 2012,” the aide said. “However, itā€™s possible that one of the first three listed could be pushed by their sponsors as anĀ amendmentĀ to another bill.”

A spokesperson for Reid’s office didn’t respond to a request for comment on whether floor time would be scheduled for any pending pro-LGBT legislation for the remainder of this Congress.

Progress on one measure, the reauthorization of the Elementary & Secondary Education Act, which was intended as a vehicle for pro-LGBT legislation, has apparently reached an impasse. Sen. Al Franken (D-Minn.), the sponsor of the Student Non-Discrimination Act, and Sen. Bob Casey (D-Pa.), had pledged to offer their anti-bullying bills as amendments to ESEA reauthorization when it came to the floor.

Cole-Schwartz said ESEA reauthorization “has stalled and is not expected to move further this year,” but advocates are looking for other options on the anti-bullying bills.

“While we had hoped it to be a vehicle for LGBT-inclusive schools legislation, we are working with allies to identify other options,” Cole-Schwartz said.

Shawn Gaylord, director of public policy for the Gay, Lesbian & Straight Education Network, or GLSEN, echoed the sentiment that negotiations on ESEA reauthorization have stalled and “the general consensus in the education community is that any movement within this Congress is unlikely.”

ā€œESEA is the vehicle that will most likely move both the Safe Schools Improvement Act and Student Non Discrimination Act,” Gaylord said. “However, without any momentum for reauthorization, itā€™s unlikely that either of those bills will reach the floor of the House or Senate. GLSEN is continuing to build support for the bills among members so that weā€™re in a stronger position if ESEA moves in the next Congress.ā€

It’s on ENDA where advocates are still optimistic about the prospects of at least a markup for the legislation ā€” although the proper strategy for advancing the bill is in dispute among some groups.

LGBT advocates have been calling for a markup of ENDA for months at the same time they previously called for a Senate hearing on the legislation. Cole-Schwartz said HRC is “pushing hard to have an ENDA markup in the HELP committee” as a follow-up to the hearing.

A spokesperson for the HELP committee, which is chaired by Sen. Tom Harkin (D-Iowa), didn’t respond to a request for comment on any updates to plans to hold a markup on ENDA.

Tico Almeida, president of Freedom to Work, has been pushing for a Senate floor vote on ENDA this summer regardless of whether or not the committee first holds a markup of the legislation. While acknowledging the chances of a vote before August recess remain slim, Almeida said a floor vote on ENDA before the end of this year could still happen.

“I think there is a real possibility that ENDA will get a full Senate vote in September or in a lame duck [session], if LGBT groups make a strong effort to push for that,” Almeida said. “We are fortunate that Sen. [Mark] Kirk and Sen. [Jeff] Merkley are strongly pushing for it, and I think Sen. Harkin’s committee staff is very engaged in determining how to most strategically move the bill forward and that might mean skipping markup and going straight to the floor.”

Almeida said the timing of this vote demonstrates there should no problem holding a vote on the legislation before Election Day and Reid can live up to his promise in 2009 that a Senate vote on ENDA can happen soon.

“ENDA’s first and only full Senate vote was in September 1996 ā€” just weeks before a presidential election ā€” so nobody should use this year’s election as an excuse to further delay a vote that Senator Reid promised three years ago would be coming ‘soon,'” Almeida said. “Voters deserve to know whether our representatives support LGBT Americans’ freedom to work without discrimination. By bringing ENDA to the floor before the election, voters in key Senate races in places like Massachusetts and Nevada will finally learn where Senators [Scott] Brown and [Dean] Heller stand.”

But other groups are saying the markup needs to happen before the floor vote. HRC’s Cole-Schwartz said “a successful markup isĀ an important step”Ā on ENDA as part of the strategy for the bill, which includes securing 60 votes beforehand toĀ avoid a filibuster and achieving a successful vote.

“Building a strong legislative history for any piece of legislation is important,” Cole-Schwartz said. “Given that neither the House nor the Senate has ever marked up the inclusive bill, we believe a markup has two major benefits: one, it removes a procedural objection that some senators would likely use to object to floor consideration and two, it creates a more complete and solid legislative record should the law ever be challenged in court.”

Almeida insisted that any technical changes that are necessary for ENDA can be done on the Senate floor and the legislation ā€” such as “Don’t Ask, Don’t Tell” repeal ā€” has gone to the Senate floor prior to markup.

“Senate rules allow a bill to skip markup, and it may be the most strategic thing to go directly to the floor,” Almeida said. “Freedom to Work would support that strategic option, if that’s what Harkin, Merkley and Kirk think is best.”

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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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