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Burr, Portman targeted ahead of ENDA vote

GOP senators pressed to support LGBT anti-bias legislation

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Richard Burr, Rob Portman, Republican Party, United States Senate, Ohio, North Carolina, gay news, Washington Blade
Richard Burr, Rob Portman, Republican Party, United States Senate, Ohio, North Carolina, gay news, Washington Blade

LGBT activists are pushing Sen. Richard Burr (R-N.C.) (left) and Sen. Rob Portman (R-Ohio) to support ENDA (Photos public domain).

UPDATE: Following the initial posting of this article, Burr said in a statement to the Washington Blade that he plans to oppose ENDA.

If a Republican U.S. senator can support marriage equality or vote for “Don’t Ask, Don’t Tell” repeal, why can’t he also back the Employment Non-Discrimination Act?

That’s the question LGBT activists are asking of Sens. Richard Burr (R-N.C.) and Rob Portman (R-Ohio) on the eve of a historic Senate committee vote on ENDA, legislation that would prohibit bias against LGBT workers nationwide.

In one camp, the LGBT group Freedom to Work has enlisted Dan Gurley, who’s gay and a former executive director of the North Carolina Republican Party, to push Burr to vote for ENDA. In another camp, the grassroots organization GetEQUAL is showcasing Ohio mothers to win over Portman.

Gurley, who oversaw anti-gay campaigns at the Republican National Committee before being outed by gay activist Mike Rogers and joining LGBT activism, told the Washington Blade as a former businessperson, Burr should have an interest in voting for ENDA because it would enhance North Carolina’s business climate.

“There’s a lot of transition still taking place in our economy here, but the growth areas, many of them are the creative fields of employment and white-collar growth,” Gurley said. “We strongly feel, and believes that there’s evidence to prove that having non-discrimination laws in place would serve as an important recruitment tool for business, and that’s why it’s an important thing to do for North Carolina and the country.”

Gurley said he hasn’t had any personal conversations with Burr on ENDA, but believes the North Carolina senator would be amenable to the bill because he’s heard from others familiar with his thinking that his support would be a logical step for him.

Burr voted in favor of “Don’t Ask, Don’t Tell” repeal in 2010, but also voted against cloture for the bill before the final vote took place. Burr has said he believes marriage is between one man, one woman, but at the same time believes it should be left for the states to decide.

Tico Almeida, president of Freedom to Work, said Burr should take heed from North Carolina companies that have set up LGBT non-discrimination employment policies.

“It’s long past time for our politicians to follow the good example set by companies with a strong North Carolina presence ranging from American Eagle Outfitters to BP gasoline to Coca-Cola, all of which have endorsed the proposed Employment Non-Discrimination Act,” Almeida said.

In Ohio, GetEQUAL is showcasing two mothers with different stories. Both are set to speak at a news conference Wednesday at the John W. Bricker Federal Building in Columbus, Ohio.

One, Lyn Herron, is the mother of a straight son who was a salesperson at a national retail establishment for four years, but was denied several promotions allegedly because the district manager thought he was gay. The other, Gail Burkholder, is the mother of one gay son and one straight son, said she doesn’t know why the federal government treats them differently.

“Both of my boys are over six feet tall, are studying the sciences in college and graduate school, and have found the person with whom they want to have kids and grow old together,” Burkholder said in a statement. “Please tell me which one can and should be legally fired because of who he is, rather than what he can do for his employer!”

Heather Cronk, managing director for GetEQUAL, said her organization is helping bring these stories to Portman’s attention because he already publicly came out for marriage equality after learning his son is gay.

“We’re calling on Senator Portman to ‘evolve’ on workplace discrimination in the same way that he ‘evolved’ on marriage equality — by seeing this issue as one of fundamental fairness and equal opportunity,” Cronk said.

The Human Rights Campaign is also taking action in favor of ENDA on the eve of the Senate markup. The organization announced on Tuesday that the hotel chain Hilton Worldwide will become the 100th major corporation to join HRC’s “Business Coalition for Workplace Fairness,” a coalition of U.S. employers that support ENDA.

Although Portman isn’t a member of the Senate Health, Education, Labor & Pensions Committee, Burr is. The North Carolina senator’s views on ENDA will become known on Wednesday during the final vote to report the legislation to the floor.

In a statement to the Blade provided by his office, Burr said he plans to oppose ENDA despite his earlier vote in favor of “Don’t Ask, Don’t Tell” repeal — even though he opposes discrimination.

“Like most Americans, I strongly oppose and condemn unjust discrimination,” Burr said. “It is my hope that our society can be tolerant of different people and ideas. That said, whenever we consider new legislation we must always consider the interplay of new laws with existing rights. I am concerned that the ENDA bill would go beyond our existing laws protecting individuals’ employment rights and would impose new burdens and legal uncertainties regarding the exercise of religious liberties. Therefore, I plan to oppose the bill.”

Last month, Jeffrey Sadosky, a Portman spokesperson, told the Blade that Portman is reviewing ENDA and opposes discrimination, but has concerns about the bill.

“Sen. Portman is strongly opposed to discrimination and is looking at proposals to address it,” Sadosky said. “He is concerned about excessive reliance on litigation as a tool for social change, and will continue to review the most recent version of ENDA.”

Attention is also focused on Sen. Lisa Murkowski (R-Alaska,) a Republican member of the committee that will vote Wednesday on ENDA. She’s hasn’t yet articulated a position on the legislation, but is one of three sitting Republicans support marriage equality and voted for hate crimes protections and “Don’t Ask, Don’t Tell” repeal.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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