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ENDA latest non-marriage target for NOM

Email blast another sign anti-gay group expanding focus beyond marriage

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Brian Brown, National Organization for Marriage, gay news, gay politics dc

NOM President Brian Brown is calling ENDA a “trojan horse” bill (Washington Blade file photo by Michael Key).

The anti-gay National Organization for Marriage is urging its supporters to stop passage of the Employment Non-Discrimination Act in the group’s latest involvement in an issue outside of marriage.

In an email blast sent to supporters Friday morning, Brian Brown, NOM’s president, calls for the defeat of ENDA, saying the legislation’s prohibition on anti-LGBT job bias is a “trojan horse” that would “attack the foundational institution of marriage between a man and a woman.”

“In the wake of Justice Kennedy’s misguided opinion in the DOMA case (Windsor v. U.S.) it is certain that this federal ENDA bill will become a fulcrum used by same-sex ‘marriage’ activists to try to foist a marriage redefinition regime on the entire country,” Brown writes.

Brown insists that with ENDA in place, courts will have rationale to “easy rationale” to overturn bans on same-sex marriages when confronted with legal challenges for these laws.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said the latest efforts by NOM against ENDA demonstrate its true focus isn’t marriage, but something broader.

“NOM’s opposition to ENDA is yet further proof that their mantra of ‘protecting marriage’ is nothing more than anti-LGBT animus,” Cole-Schwartz said. “They oppose any level of protections for our community and represent a small and shrinking minority of people.”

Brown contends in the email individuals who oppose same-sex marriage would be subject to lawsuits under the proposed legislation by expressing their view in the workplace.

“Under the law, individuals holding the common-sense belief that marriage is about giving kids a mom and a dad would be subject to punishment,” Brown writes. “Expressions of support for true marriage in the workplace would no longer be a fundamental right, but discriminatory, bigoted and an actionable offense!”

Tico Almeida, president of Freedom to Work, insisted the argument that opponents of same-sex marriage would be punished under ENDA isn’t true.

“NOM’s argument is absurd and shows they know they’re losing this debate on the actual issues addressed in this legislation,” Almeida said. “After ENDA, employers like Chick-fil-A’s Dan Cathy will retain the right to say or tweet anything he wants about marriage and to donate all he wants to anti-gay organizations that oppose marriage equality. ENDA’s protections against workplace harassment will adopt Title VII’s high standard for a ‘hostile work environment’ requiring abusive comments and epithets that are frequent and severe before an employee can bring a valid claim.”

Listed within the email blast are the numbers of eight Republican senators that NOM identified as potential swing votes on ENDA: Sens. John McCain (R-Ariz.), Rob Portman (R-Ohio), Orrin Hatch (R-Utah), Kelly Ayotte (R-N.J.), Jeff Flake (R-Ariz.), Dean Heller (R-Nev.), Pat Toomey (R-Pa.) and John Barrasso (R-Wyo.). Brown urges supporters to call the office of these “to make sure these senators know where the majority of Americans stand on this dangerous bill.”

The mailing is the latest involvement from NOM in an issue that is relevant to the LGBT community, has not overtly related to marriage. The organization  previously joined efforts to overturn the California transgender student law, which enables transgender students in California to participate in programs and athletics consistent with their gender identity. According to Right Wing Watch, Brown has also travelled to Russia to urge passage of a law in the country prohibiting same-sex couples in other countries from adopting Russian children.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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