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Veteran strategist takes helm of coalition to pass ENDA

McTighe says executive order would make issue a partisan one

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Matt McTighe, Americans for Workplace Opportunity, gay news, Washington Blade
Matt McTighe, Americans for Workplace Opportunity, gay news, Washington Blade

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.

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District of Columbia

Gay GOP group hosts Ernst, 3 House members — all of whom oppose Equality Act

Log Cabin, congressional guest speakers mum on June 25 event

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Sen. Joni Ernst spoke to D.C.’s Log Cabin group. (Washington Blade file photo by Michael Key)

U.S. Sen. Joni Ernst (R-Iowa) and three women Republican members of the U.S. House appeared as guest speakers at the June 25 meeting of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican group with that same name.

The U.S. House members who joined Ernst as guest speakers at the Log Cabin meeting were Celeste Maloy (R-Utah), Kat Cammack (R-Fla.), and Julia Letlow (R-La.).

Neither D.C. Log Cabin Republicans President Andrew Minik nor spokespersons for Ernst or the three congresswomen immediately responded to a request by the Washington Blade for comment on the GOP lawmakers’ appearance at an LGBTQ GOP group’s meeting.

“Please join us for an inspiring evening as we celebrate and recognize the bold leadership and accomplishments of Republican women in Congress,” a D.C Log Cabin announcement sent to its members states.

“This month’s meeting will highlight the efforts of the Republican Women’s Caucus and explore key issues such as the Protection of Women and Girls In Sports Act and the broader fight to preserve women’s spaces in society,” the message says.

It was referring to legislation pending in Congress calling for banning transgender women from participating in women’s sports events. 

According to media reports, Ernst and the three congresswomen have expressed opposition to the Equality Act, the longstanding bill pending in Congress calling for prohibiting discrimination based on sexual orientation and gender identity in the areas of employment, housing, and public accommodations. 

The Log Cabin announcement says the meeting was scheduled to take place at the Royal Sands Social Club, which is a restaurant and bar at 26 N St., S.E. in the city’s Navy Yard area.    

D.C. Log Cabin member Stuart West, who attended the meeting, confirmed that Ernst and the three congresswomen showed up and spoke at the event.

“It was a good turnout,” he said. “I would definitely say probably 30 or 40 people attended.” West added, “Four women came to talk to a group of mostly gay men. That’s something you don’t see very often.” 

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District of Columbia

D.C. police seek public’s help in July 5 murder of trans woman

Relative disputes initial decision not to list case as hate crime

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Daquane ‘Dream’ Johnson (Photo courtesy of family)

D.C. police are seeking help from the public in their investigation into the murder of a transgender woman who they say was shot to death at about 12:30 a.m. on Saturday, July 5, on the 2000 block of Benning Road, N.E.

But the police announcement of the fatal shooting and a police report obtained by the Washington Blade do not identify the victim, 28-year-old Daquane ‘Dream’ Johnson of Northeast D.C., as transgender. And the police report says the shooting is not currently listed as a suspected hate crime.

It was local transgender activists and one of Johnson’s family members, her aunt, who confirmed she was transgender and said information they obtained indicates the killing could have been a hate crime.

“On Saturday, July 5, at approximately 12:51 a.m., Sixth District officers were flagged down in the 2000 block of Benning Road, Northeast, for an unconscious female,” a July 5 D.C. police statement says. “Upon arrival, officers located an adult female victim suffering from gunshot wounds,” it says.

“D.C. Fire and EMS responded to the scene and transported the victim to a local hospital where after all lifesaving efforts failed and the victim was pronounced dead,” the statement says.

A separate police flyer with a photo of Johnson announces an award of $25,000 was being offered for information leading to the arrest and conviction of the person or persons responsible for the murder.

The flyer identifies D.C. police Homicide Detective Natasha Kennedy as being the lead investigator in the case and says anyone with information about the case should contact her at 202-380-6198.

Longtime D.C. transgender rights advocate Earline Budd told the Blade that one of the police investigators contacted her about the case and that she also spoke to Detective Kennedy. Budd said police confirmed to her that Johnson was a transgender woman.

(Photo courtesy of family)

One of Johnson’s family members, Vanna Terrell, who identified herself as Johnson’s aunt, told the Blade that Johnson used the first name of Dream and had planned to legally adopt that name instead of Daquane but had not gotten around to doing so.

Terrell said she and other family members learned more about the incident when one of two teenage high school students who knew Johnson’s brother contacted a friend and told the friend that they recognized Johnson as they witnessed the shooting. Terrell said the friend then called her to tell her what the friend learned from the two witnesses.

According to Terrell, the witnesses reportedly saw three men approach Johnson as Johnson walked along Benning Road and one of them called Johnson a derogatory name, leading Terrell to believe the men recognized Johnson as a transgender woman.

Terrell said one of the witnesses told the friend, who spoke to Terrell, that the man who shot Johnson kept shooting her until all of the bullets were fired. Budd, who said she spoke to Terrell, who also told her what the witnesses reported, said she believed the multiple shots fired by the shooter was an “overkill” that appears to have been a hate crime. Terrell said she too believes the murder was a hate crime.

In response to an inquiry from the Blade, Officer Ebony Major, a D.C. police spokesperson, stated in an email, “At this point there is nothing in the investigation that indicates the offense was motivated by hate or bias.”

Terrell said a memorial gathering to honor Johnson’s life was scheduled to be held Saturday, July 12, at River Terrace Park, which is located at 500 36th St., N.E. not far from where the shooting occurred.

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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