News
Veteran strategist takes helm of coalition to pass ENDA
McTighe says executive order would make issue a partisan one
Matt McTighe is campaign manager for Americans for Workplace Opportunity. (Washington Blade photo by Michael Key).
For Matt McTighe, the strategy for passing the Employment Non-Discrimination Act is similar to the one he oversaw guiding the legalization of same-sex marriage in Maine: Having LGBT people tell their stories about the harms they face under current law.
“The big things are just the need for personal interactions, really trying to educate people using our own personal stories,” McTighe said.
The gay 34-year-old veteran political strategist, who in addition to leading the 2012 ballot campaign that brought marriage equality to Maine had a hand in efforts as a Gill Action Fund operative in defeating anti-gay marriage efforts in Massachusetts and New Hampshire, has been contracted through the fall to head the $2 million LGBT campaign known as “Americans for Workplace Opportunity.” The campaign has a singular goal: pass ENDA.
During an interview with the Washington Blade on Tuesday, McTighe said he wanted to bring the recent success the LGBT community has seen on marriage equality to ENDA in the wake of legalization of same-sex marriage at the ballot in three states and in legislatures in two states.
“We can take those same proven tactics and apply them to other issues that haven’t had as much resources behind them or as much as a concerted push behind them in recent years and see if we can get it done,” McTighe said.
Ian Grady, the Equality Maine communications director who worked with McTighe under the Maine marriage campaign, said his former boss’ ability to work with people of different political affiliations makes him “a great choice” to lead the new coalition.
“In Maine, while he led the efforts to secure marriage, he brought together people and groups from across the political spectrum to build the support we needed to win,” Grady said. “He’s a natural choice to lead this new, bi-partisan effort.”
Foremost on McTighe’s mind is ensuring successful, bipartisan passage of ENDA in the Senate, where a vote is expected in the fall. The campaign has identified several key states with undecided senators where it’ll concentrate on building grassroots support: Arizona, Arkansas, Florida, Idaho, Indiana, Nevada, New Hampshire, New Jersey, Ohio, Pennsylvania, Tennessee and West Virginia.
With U.S. senators at home in their districts during August recess, McTighe said the immediate focus of the campaign includes efforts “to generate a high number of quantity contacts and quality contacts” of individuals and business leaders who have a personal connection to lawmakers and are able to talk with them about ENDA.
“And so far, that outreach has been going really well, we have a growing list of supportive companies, a growing list of faith leaders who are coming on board and some really high-profile prominent advocates on both sides of the aisle,” McTighe said.
Also on the agenda while Congress is on hiatus is updating the research and polling on ENDA, which McTighe says has remained stagnant for some time.
“The last real massive comprehensive poll on this was done in early 2011,” McTighe said. “So, we need updated research, we need updated numbers. Our guess is that support has only increased in recent years because we’ve seen support increase on marriage and growing acceptance of LGBT Americans across the country.”
Amid anticipated plans for town halls for lawmakers and their constituents, McTighe said he encourages ENDA supporters to question their representatives in Congress about ENDA “as long as they do it in a respectful way that gives them space.”
“It’s never helpful for them to do it in an accusatory way that’s going to put it on the defensive and frame it as, ‘Why aren’t you supporting this thing already?'” McTighe said. “Because the case is for some of these legislators, yeah, we wish all of them were supportive, but some of them just really haven’t had the exposure to the education.”
Three of the undecided senators on ENDA are Democrats: Sens. Bill Nelson (Fla.), Mark Pryor (Ark.) and Joe Manchin (W.Va.). Nelson has been quoted in the Tampa Bay Times about having concerns over the transgender protections in ENDA, including whether private business insurance policies would have to pay for gender reassignment surgery.
While expressing faith that Nelson would cast a vote in favor of ENDA based on the lawmaker’s record, McTighe said the way to bring the Florida senator on board is through additional education and lobbying from transgender constituents.
“I think the things that Sen. Nelson has said and certainly his past voting record shows that he’s open-minded, fair-minded who, I think, gets that these are his constituents, too, and anybody needs to be protected,” McTighe said.
McTighe said he’s “optimistic” that ENDA would find 60 votes to overcome a filibuster in the Senate, but added “it’s not going to be easy” getting there and he wouldn’t predict the number of votes that would be ultimately won on the Senate floor.
The Senate vote has such prominence in McTighe’s strategy that he said he wouldn’t openly speculate about the strategy for passing ENDA in the House, saying it’s “premature” to talk about ideas like a discharge petition or the Senate inserting ENDA into a larger bill that the House would later pass.
“The biggest thing is that we know for sure that we’re not going to get anywhere until we actually have a successful bipartisan vote that actually comes to the floor and can overcome a filibuster in the Senate,” McTighe said. “To me, it’s pointless to speculate about what’s going to happen in the House, or what’s going to happen on the executive order in the administration until we really give it our all to get a full Senate vote.”
Still, McTighe said his work during the short-term on the Senate vote is meant to build support for success in the lower chamber of Congress.
“Even though I’m only contracted to oversee this effort through the Senate vote this fall, everything I’m doing and all the plans, field and research groundwork I’m putting into place is predicated on the notion that the coalition will need to keep the fight going in the House,” McTighe said.
McTighe said he sees a path forward in the House following a bipartisan vote on the Senate floor if other GOP lawmakers joins Sens. Mark Kirk (R-Ill.), Lisa Murkowski (R-Alaska), Susan Collins (R-Maine) and Orrin Hatch (R-Utah) in supporting the bill.
“We think we’ve got a really good shot of getting anywhere between two to five more,” McTighe said. “If we can do that, and show that this isn’t a partisan issue, I think a lot of Republicans in the House are going to look at this and probably put some pressure on leadership that this is an issue that so many Americans support, this is an issue in every state you’ll see, in every poll you’ll see support growing, and the polls are only going in one direction.”
McTighe says executive order would ‘inject level of partisanship’ into debate
The campaign is focused on the Senate without looking for additional help beyond what the administration is currently offering. McTighe said he’s happy with the level of support from the administration and Obama’s position on the legislation is clear.
“I think the president has been great in expressing his support for this legislation and expressing his support for the pathway of trying to actually get a bill passed because the administration recognizes and has a long track record of supporting workplace protections,” McTighe said.
Notably, McTighe expressed a lack of interest in Obama issuing an executive order that would prohibit LGBT workplace discrimination among federal contractors, saying that kind of unilateral administrative action “injects a level of partisanship into whatever that debate is.”
“We want to embrace the legislative process here instead and actually work with the Senate, and work eventually with the House to get this passed because an executive order would only cover approximately 20 percent of the American workforce or less through federal contractors, whereas passing a full ENDA, which we’re only going to get to with a bipartisan majority, is going to cover everybody,” McTighe said. “The minute an executive order is invoked, now you’re going to make it a lot harder for people from whatever party the current administration is not in, so in this case Republicans coming on board, it makes it harder for them because now this is much more of a partisan issue.”
The Americans for Workplace Opportunity coalition includes more than 90 groups seeking to pass ENDA headed by a steering committee of eight prominent groups — LGBT-affiliated and otherwise — seeking to pass the legislation. The steering committee consists of American Civil Liberties Union, American Federation of Teachers, American Unity Fund, Human Rights Campaign, Leadership Conference on Civil & Human Rights, National Center for Transgender Equality, National Gay & Lesbian Task Force and the Service Employees International Union.
McTighe said these groups working under a single umbrella to pass ENDA is more effective than each of them working individually because a bigger pool of resources will be combined toward a larger goal.
“We know there’s a focus and we know that we’ve got significant resources that are going to be better spent and more effectively utilized because they’re going to all flow through one entity, and in this case it’s going to be overseen by me as campaign manager, and I can treat it as I would any other campaign, focusing on a deadline and a specific goal,” McTighe said.
Getting access to the steering committee, McTighe said, required organizational strength as well as shared belief that the tactics employed to win marriage equality are the right ones to pass ENDA.
“This is a very specific campaign where funding is being allocated for very specific purposes, so we’re working with the organizations that do that, that actually do that level of research-driven targeted field [work] with a tailored message and message-testing like what we’ve seen done with all the marriage states,” McTighe said.
Still, the steering committee lacks some groups known for their work on ENDA, including GetEQUAL, the National Center for Lesbian Rights, Lambda Legal, Log Cabin Republicans and Freedom to Work. Freedom to Work’s absence is particularly striking because that group is focused specifically on winning LGBT workplace protections.
McTighe emphasized that each of these organizations is part of the larger 90-group coalition to pass ENDA and emphasized that inclusion on the steering committee “really depends on the tactics” that these organizations pursue.
“I look at it as a pie; this is one slice of the pie,” McTighe said. “There’s a much bigger movement, and this is true of every movement and every campaign. There are going to be groups that are supportive, some of them are going to be part of the coalition some might be on a board, some might be on a separate advisory board.”
Asked whether he was happy with Freedom to Work’s contributions to the effort to pass ENDA, McTighe replied, “I haven’t had a lot of firsthand experience working with Freedom to Work, but everything that I’ve seen, I know they’re really dedicated to this issue, and I look forward to working with them as part of the broader coalition that we’re all going to be working in.”
Tico Almeida, president of Freedom to Work, said he hasn’t met McTighe, but looks forward to collaborating as part of the effort to pass ENDA.
“I’ve never met Mr. McTighe, but I’ve heard really wonderful things about him from our contacts at the Gill Foundation, in Maine, and elsewhere in our movement,” Almeida said. “I’m looking forward to learning more about AWO’s efforts, especially since Freedom to Work has a full docket of lobbying, litigation, field organizing, Republican outreach, Spanish-language Latino outreach, collaboration with faith and business leaders, and social media efforts that we will roll out in September.”
The presence of another group on the steering committee, the ACLU, is also noteworthy because that group is the chief organization that’s seeking to narrow a religious exemption to enable a greater number of meritorious cases for LGBT workplace discrimination. McTighe denied the group’s inclusion means the campaign would share this goal, nor did the issue come up during negotiations in bringing the ACLU on board.
“The opportunities to amend it — whether it was in the committee process, or previous years, or in the early drafting stages — some of these organizations had positions were they were really trying to advocate for narrow exemptions or different wording or additional language, but in the case of coming together in the steering committee, we’re united in trying to get a bill passed that’s already passed the committee and that’s the version that’s out there right now,” McTighe said.
But the main message that McTighe had for supporters of ENDA was that people need to make clear the federal employment non-discrimination protections don’t exist to grow the number of voices calling for its passage.
“You need to get those same people who are shocked and even outraged when they hear protections don’t currently exist … trying to contribute in a productive way whether it’s supporting the organization — supporting Americans for Workplace Opportunity in this case — also just talking to the legislators, telling them them in an open-minded way why they care about it,” McTighe said.
India
Menaka Guruswamy celebrated as India’s first openly LGBTQ MP
Constitutional lawyer elected to Rajya Sabha on March 9
India’s LGBTQ community has found renewed hope in the election of Menaka Guruswamy, a lawyer who has argued before the Supreme Court, as the country’s first openly LGBTQ MP.
Guruswamy was declared elected unopposed to the Rajya Sabha, the upper house of Parliament, on March 9, representing West Bengal. The All India Trinamool Congress, the regional party that governs the state, nominated her.
Guruswamy is a constitutional lawyer who studied at Oxford University, Harvard Law School, and the National Law School of India University. She has argued several significant cases before the Supreme Court and is widely known for her work on constitutional law, civil liberties, and LGBTQ rights.
Guruswamy was part of the legal team that successfully challenged Section 377 of the Indian Penal Code, a colonial-era law that criminalized consensual same-sex sexual relations, which the Supreme Court struck down in 2018. She has also written and spoken extensively on issues of democracy, rights and institutional accountability.
Ankit Bhupatani, a global diversity, equity and inclusion leader and LGBTQ activist, welcomed Guruswamy’s election.
“This is significant not because Parliament needed a queer person, but because a queer person needed Parliament,” Bhupatani told the Washington Blade.
India has seen LGBTQ representation in elected office at the state and local levels, though it has remained limited.
In 1998, Shabnam Mausi was elected to the Madhya Pradesh Legislative Assembly from the Sohagpur constituency, becoming one of the first openly transgender people to hold public office in India. Mausi’s election marked a rare moment of visibility for trans people in the country’s political system, where representation has historically been sparse. Since then, a small number of openly trans candidates have contested and, in some cases, won local and state elections, but no openly LGBTQ person had been elected to Parliament before Guruswamy.
Guruswamy and her partner, Arundhati Katju, who is also a lawyer, were part of the legal team that played a central role in the Section 377 decision.
Representing one of the plaintiffs, the two lawyers helped frame the case around constitutional guarantees of equality, dignity, and privacy. The Navtej Singh Johar v. Union of India ruling marked a watershed moment for LGBTQ rights in India.
“For too long, we have fought our battles only in courtrooms and on streets. Now, there is a seat at the table where laws are written,” said Bhupatani. “Whether that seat produces change depends entirely on how it is used. Representation without substance is decoration. But as a beginning, yes. This matters.”
Guruswamy later represented the plaintiffs in the Supreme Court’s 2023 marriage equality case, Supriyo v. Union of India, which a 5-judge panel heard in the spring of 2023.
Along with other lawyers representing same-sex couples, she advanced arguments rooted in constitutional guarantees of equality, dignity, and personal liberty. The Supreme Court in a 3-2 decision on Oct. 17, 2023, declined to recognize same-sex marriage — holding that such a change falls within Parliament’s domain — but did acknowledge LGBTQ people face discrimination. The Blade previously reported the ruling underscored the court’s view that it could interpret the law, but could not create a new legal framework for marriage rights.
Bhupatani said Guruswamy’s election should not be seen as an immediate shift toward legislative action on LGBTQ rights, cautioning that such expectations may not align with political realities. He said her presence in Parliament could help sustain the issue in a way it has not been before, even as broader legal change is likely to take time.
“What she can do is keep the question alive inside Parliament in a way that it hasn’t been before,” Bhupatani said. “Legislative change in India on social questions usually takes longer than advocates want and shorter than skeptics predict. The 377 decriminalization seemed impossible until it wasn’t. Partnership rights will follow the same pattern eventually.”
Bhupatani added that while Guruswamy’s election may influence the pace of change, it does not, on its own, constitute a broader political movement.
“One person in Parliament, however extraordinary, is not a movement. She is an opening,” he said. “The 2023 ruling created a responsibility. Guruswamy’s election creates an opportunity to fulfill it from inside. Whether opportunity becomes outcome is entirely a question of human will.”
Guruswamy has served as a visiting faculty member at leading American institutions that include Yale Law School, Columbia Law School, and New York University School of Law. She has also worked with international organizations, advising the U.N. Development Fund for Women in New York and the U.N. Children’s Fund in both New York and South Sudan.
According to her professional profile, Guruswamy has been involved in a range of significant cases before the Indian Supreme Court that include matters related to bureaucratic reform and accountability.
One case is connected to the AgustaWestland helicopter deal, an investigation into alleged bribery in a multimillion-dollar defense procurement contract; litigation arising from the Salwa Judum case, in which the court examined the state-backed use of civilian militias in counterinsurgency operations in central India; and cases involving the implementation of the Right to Education Act, a law guaranteeing free and compulsory education for children between the ages of six and 14.
More recently, Guruswamy represented the All India Trinamool Congress in legal proceedings challenging searches conducted by India’s Enforcement Directorate, a federal agency responsible for investigating financial crimes, including money laundering and violations of foreign exchange laws. The searches were carried out at the offices of the Indian Political Action Committee, or I-PAC, a political consulting firm that provides data-driven campaign strategy and election management services to political parties. The case raised questions about the scope of investigative powers and the use of federal agencies in politically sensitive matters.
Guruswamy’s engagement with LGBTQ rights has extended beyond courtroom advocacy into public constitutional discourse.
On July 11, 2018, during hearings in the Section 377 case, she argued the criminalization law could not be justified on the basis of “social morality,” describing it as subjective and incompatible with constitutional guarantees, and framing the case as one fundamentally about “our humanity.” The Thomas Jefferson Foundation Medal in Law at the University of Virginia in February 2023 recognized Guruswamy and Katju for their work on LGBTQ rights.
Guruswamy has not responded to the Blade’s multiple requests for comment about her election.
District of Columbia
Gay priest credited with boosting church support for LGBTQ Catholics
Fr. Tom Oddo’s biographer speaks at Dignity Washington event
The author of a biography of a U.S. Catholic priest said to have advocated for support by the Catholic Church of gay Catholics in the early 1970s has called Father Thomas ‘Tom’ Oddo a little known but important figure in the LGBTQ rights movement.
Tyler Bieber, author of the recently published book “Against The Current: Father Tom Oddo And the New American Catholic,” told of Oddo’s life and work on behalf of LGBTQ rights at a March 22 talk before the local LGBTQ Catholic group Dignity Washington.
Among Oddo’s important accomplishments, Bieber said, was his role as a co-founder of the national LGBTQ Catholic group Dignity U.S.A. in 1973 at the age of 29.
But as reported in the prologue of his book, Bieber presented details of the sad news that Oddo died in a fatal car crash in 1989 at the age of 45 in Portland, Ore., where he was serving as the highly acclaimed president of the University of Portland, a Catholic institution.
“He was a major figure in the gay rights movement in the 1970s, an unsung hero of that movement,” Bieber told Dignity Washington members, who assembled for his talk in a meeting room at St. Margaret Episcopal Church near Dupont Circle, where they attend their weekly Catholic mass on Sundays.
“And Dignity U.S.A. saw intense growth in membership and visibility” during its early years under Oddo’s leadership, Bieber said. “The story of Father Tom and his contemporaries is a story largely untold in the history of the gay rights movement, but one worth knowing and considering,” he said.
As stated in his book, Bieber told the Dignity Washington gathering Oddo was born and raised in a Catholic family on Long Island, N.Y., and attended a Catholic high school in Flushing Queens. It was at that time when he developed an interest in becoming a priest, according to Bieber.
After studying at the University of Notre Dame and completing his religious studies he was ordained as a priest in 1970 and began his work as a priest in the Boston area, Bieber said. It was around that time, Bieber told the Dignity Washington audience, that gay Catholics approached Oddo to seek advice on how they should interact with the Catholic Church. It was also around that time that Oddo became involved in a group supportive of then gay Catholics that later became a Dignity chapter in Boston.
In a development considered unusual for a Catholic priest, Bieber said Oddo in 1973 testified in support of gay rights bill before a committee of the Massachusetts Legislature and collaborated with then Massachusetts gay and lesbian rights advocate Elaine Noble.
In 1982, at the age of 39, Oddo was selected as president of the University of Portland following several years as a college teacher in the Boston area, Bieber’s book states. It says he was seen as a “vibrant and capable administrator who delivered real results to his campus,” adding, “His magnetism was obvious. One student described him as ‘John Kennedyesque’ to the university’s student newspaper.”
Bieber said that although Oddo was less active with Dignity U.S.A. during his tenure as UP president, he continued his support for gay Catholics and what is now referred to as LGBTQ rights.
“For those that knew him prior to his term at UP, though, he represented something greater than an accomplished university administrator and educator,” Bieber’s book states. “He was a new kind of priest, a gay man living and ministering in a world set loose from tradition by the Second Vatican Council,” the book says.
It was referring to the Vatican gathering of worldwide Catholic leaders from 1962 to 1965 concluding under Pope Paul VI that church observers say modernized church practices to allow far greater participation by the laity and opened the way for sympathetic consideration of gay Catholics.
District of Columbia
HRC to host National Rainbow Seder
Bet Mishpachah among annual event’s organizers
The 18th National Rainbow Seder will take place at the Human Rights Campaign on Sunday.
The sold out event is the country’s largest Passover Seder for the Jewish LGBTQ community.
Organizations behind the event include Bet Mishpachah, a local D.C. LGBTQ synagogue that Rabbi Jake Singer-Beilin leads, and GLOE, an Edlavitch DC Jewish Community Center program that sponsors events for the queer Jewish community. The theme for this year’s Seder is “Liberation For All Who Journey: Remembering, Resisting, Rebuilding.” Rabbis Atara Cohen, Koach Frazier, and Avigayil Halpern will lead it.
The Seder will honor the late GLOE co-chair Michael Singer. Singer also served on the Edlavitch DC Jewish Community Center’s board.
“This Seder is both a celebration of how far we have come and a call to continue building a more just and inclusive world.” Bet Mishpachah Executive Director Joshua Maxey told the Washington Blade.
Menaka Guruswamy celebrated as India’s first openly LGBTQ MP
Trans-led HIV clinic in Portsmouth struggles amid funding cuts
D.C. goes gaga for Gaga
Gay priest credited with boosting church support for LGBTQ Catholics
HRC to host National Rainbow Seder
‘How We Survived’ panel set for March 25
Calendar: March 21-26
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