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ENDA’s religious exemption still concerning as vote nears

Brown says religious exemption should be same for LGBT workers as other categories

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Sherrod Brown, Democratic Party, Ohio, gay news, Washington Blade, United States Senate
Sherrod Brown, Democratic Party, Ohio, gay news, Washington Blade, United States Senate

Sen. Sherrod Brown believes the religious exemption in employment discrimination law should be the same for LGBT workers as with other categories (D-Ohio) (Photo public domain).

Shortly after filing cloture on the Employment Non-Discrimination Act, Senate Majority Leader Harry Reid (D-Nev.) held a 30-minute conference call with Nevada LGBT leaders late Thursday in anticipation of the bill coming to the Senate floor this week.

Among those on the call was Derek Washington, lead organizer for the LGBT group GetEQUAL Nevada, who said he raised with Reid concerns about ENDA’s religious exemption.

That language would provide leeway for religious institutions, like churches or religious schools, to discriminate against LGBT workers in non-ministerial positions even if ENDA were to become law. It’s broader than similar exemptions under Title VII of the Civil Rights Act of 1964 for categories of race, gender, religion and national origin.

“I mentioned to him that it was something that just was not palatable,” Washington said. “I asked him what he felt about it, and he felt that the main thing to do was get the vote taken care of, and then deal with it later. As often times happens, you don’t get something perfect the first time around, you go back and fix it later, so that was basically his take on it.”

That account was corroborated by Faiz Shakir, a Reid spokesperson, who said the Democratic leader understands the concerns, but wants to get the bill passed first, then go back and address the exemptions.

“Sen. Reid’s first priority is to pass the strongest possible legislation which can garner 60 votes,” Shakir said. “He believes the current legislation meets that test.”

Washington was unfazed by Reid’s response that the religious exemption won’t see change before passage, insisting the Nevada Democrat is one of the greatest champions for the LGBT community, noting, among other things, he was the first elected official to endorse the National Equality March in 2009.

“I think it would a shame to write a story about any of this without mentioning that that man is a hero to us, and I don’t think people get that,” Washington said.

That symbolizes the situation with narrowing the broad religious exemption in ENDA before the Senate approves the bill. Despite concerns that it’s too expansive, the idea of limiting it at this time — such as the amendment process — isn’t getting a lot of traction either from LGBT advocates or lawmakers.

Instead, those with concerns over ENDA’s religious exemption have more modest aspirations: Get LGBT friendly lawmakers in the Senate to speak out against the language on the Senate floor.

Ian Thompson, legislative representative for the American Civil Liberties Union, is among those saying he’s not seeking an amendment to religious exemption on the Senate floor, but wants the provision addressed in some way.

“By doing that, it’s certainly our hope more and more pro-equality members of Congress and their staff will come to understand the potential harm of the current exemption, and I think we’ll see growing support for narrowing it moving forward,” Thompson said.

Thompson added he’s “definitely hopeful” that senators will speak out against the exemption of the floor, but declined to name any prospects for who would articulate concerns.

Heather Cronk, co-director of GetEQUAL, said her organization “didn’t anticipate” being able to change the religious exemption, but is looking for senators to speak out against the language.

“What we were hoping for for — which hasn’t happened yet because the senators haven’t gone to the floor yet — is for some of the more progressive senators to speak out from the floor against the religious exemption,” Cronk said. “So, we’ll wait and see what happens on the floor to see if we get those statements.”

GetEQUAL has petitioned four senators with a reputation for being champions of progressive values — Sens. Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio) and Al Franken (D-Minn.) — to speak out against the religious exemption. As of Sunday, the petition has just under 6,000 signatures.

It remains to be seen whether any senator will speak out in favor of limiting the religious exemption when ENDA comes to the Senate floor this week. Of these four senators, the only office who responded to the Washington Blade’s request to comment on the extent of the religious exemption was that of Brown.

Meghan Dubyak, a Brown spokesperson, said the senator’s focus is passing is ENDA, although he shares the belief the religious exemption for LGBT discrimination should be the same it is for other categories.

“Sen. Brown’s top priority is overcoming a likely filibuster and ensuring passage of ENDA,” Dubyak said. “He believes the religious exemption in ENDA should be consistent with the federal law that currently protects people against discrimination.”

In July, Gillibrand said during a Third Way event that said she’d go even further and amend ENDA to remove the religious exemption. However, her staffers have apparently backtracked from that statement as they’re now mum on the issue.

For its part, the White House is staying out the argument over the religious exemption. Shin Inouye, a White House spokesperson, reiterated in an email weeks ago President Obama supports ENDA, but is leaving the details to Congress.

“We look forward to lawmakers moving forward on this bill that upholds America’s core values of fairness and equality,” Inouye said. “While we defer to Congress on the specifics of the legislation, we believe lawmakers will be able to find a balance that protects LGBT workers and religious liberty.”

Since the introduction of ENDA this year, the ACLU has called for narrowing the religious exemption along with groups like GetEQUAL, the National Center for Lesbian Rights, Lambda Legal and the Transgender Law Center, the National Gay & Lesbian Task Force.

On the other hand, groups working on like Freedom to Work, the Human Rights Campaign and the Center for American Progress have endorsed the current exemption in ENDA.

Tico Almeida, president of Freedom to Work, co-wrote the religious exemption currently found in ENDA while working as a House staffer in 2007. Neither he nor HRC responded to multiple requests to comment for this article.

Winnie Stachelberg, vice president of external affairs for the Center for American Progress, said the religious exemption is necessary to enable bipartisan support to move the bill forward.

“The current religious language reflects a bipartisan compromise that represents a pragmatic balance between ensuring that LGBT workers have the protections they need and organizations,” Stachelberg said. “While the religious exemption is broader than other civil rights statutes it will ensure that LGBT workers have the protections they need.”

If anything, the movement in the Senate on ENDA’s religious exemption this week may be more toward expanding it even further.

Sen. Rob Portman (R-Ohio), seen as a potential supporter of ENDA, has said he’s behind the basic premise of the legislation, but has concerns about restrictions on religious liberties and wants to strengthen the bill to ensure they’re protected.

Prior to the committee vote on ENDA in July, Sen. Rand Paul (R-Ky.) had prepared an amendment that would replace the bill’s religious exemption with more comprehensive language for religious employers. It was never brought up before the committee. Paul’s office didn’t respond to a request to comment on whether the senator would introduce the amendment on the Senate floor.

Concerns over the existing religious exemption were ramped up last month when Tippi McCullough, formerly a teacher for 15 years at Mount St. Mary Academy in Little Rock, Ark., was forced to resign after the school learned she had married her same-sex partner in New Mexico. Because the school is a religious institution, it would not be subject to liability under ENDA.

Thompson said the consequences of passing ENDA with its current exemption in place are hard to predict, but said it would be “a dramatic, and from our view, and very troubling expansion of an exemption like this in our federal civil rights law.”

“I think that it wouldn’t be too into the future before we saw instances of employment discrimination occurring against workers who should be protected from employment discrimination and may find out that because the scope of the existing religious exemption that they may not be,” Thompson said.

LGBT advocates who oppose the religious exemption chose their words carefully about whether they want to see ENDA passed this year with the current language — as opposed to letting it die in Congress so that it could be passed with a narrow exemption at a later time.

Thompson said the ACLU has been a “longtime champion of ENDA” because of the protections in the bill “are critically important and long overdue.”

“We’ve endorsed it, so that’s a position that we’ve taken,” Thompson said. “We have consistently, also though, raised concerns about the scope of the religious exemption and said that that is should be appropriately narrowed ultimately before it ends up on the president’s desk, and that’s our view, but at the same time because of the protections that it would afford to LGBT people are so important and so needed, we also support the bill.”

Cronk said GetEQUAL neither supports nor opposes the bill and believes “any time that that pro-LGBT legislation comes up in Congress, we want that legislation to move forward.”

“Our organizers didn’t feel good about organizing in support of the bill because there wasn’t that change to the religious exemption and because the grassroots network we work with feel the impact of that everyday,” Cronk said. “They work in hospitals in the closet, or they teach at schools where they’re in the closet, and they have a really clear sense about who would be left behind by this legislation, and didn’t feel that was in line with our vision.”

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Maryland

Trone discusses transgender niece

Blade interviewed Md. congressman, Angela Alsobrooks last week

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U.S. Rep. David Trone (D-Md.) (Photo public domain)

Editor’s note: The Washington Blade last week interviewed both U.S. Rep. David Trone (D-Md.) and Prince George’s County Executive Angela Alsobrooks. The full interviews with both Democratic candidates for retiring U.S. Sen. Ben Cardin (D-Md.)’s seat will be on the Blade’s website later this week.

Maryland Congressman David Trone last week discussed his transgender niece during an interview with the Washington Blade about his U.S. Senate campaign.

Trone, who is running to succeed retiring U.S. Sen. Ben Cardin (D-Md.), on May 1 told the Blade during a telephone interview that his niece transitioned when she was in her early 20s. Trone also noted she attended Furman University, a small, liberal arts university in Greenville, S.C.

“I was concerned about how she would be able to transition there,” said Trone.

Trone, who founded Total Wine & More, attended Furman University as an undergrad and is on the school’s board of trustees. Trone told the Blade he donated $10 million to the university to “build out their mental health capacity, which I felt was a way that she could have the best mental health care possible when she worked her way through (her) transition.”

Trone’s niece graduated from the university after she spent five years there.

“She had a great relationship with Furman,” said Trone.

Trone and Prince George’s County Executive Angela Alsobrooks are the leading Democrats running to succeed Cardin. The winner of the May 14 Democratic primary will face former Maryland Gov. Larry Hogan in November.

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District of Columbia

200 turn out for ’Love Fest’ Drag Story Hour at Freddie’s

Performer reads stories to kids and parents as three protest outside

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Freddie’s hosted a ‘Love Fest’ Drag Story Hour on Saturday. (Washington Blade photo by Michael Key)

Between 200 and 250 people, including parents and their children, turned out on Saturday, May 4, for a “Love Fest” Drag Story Hour brunch hosted by the Arlington, Va., LGBTQ establishment Freddie’s Beach Bar and Restaurant.

Local drag performer Tara Hoot, who read children’s stories and handed out coloring books to the kids attending the event, was joined by members of the Gay Men’s Chorus of Washington, which sang several songs before Hoot began reading from children’s books in keeping with the tradition of drag queens conducting Drag Story Hour events across the country.

The May 4 event at Freddie’s in the Crystal City section of Arlington took place four weeks after the start of a similar event hosted by Freddie’s was delayed by a bomb threat, forcing those who had arrived  to exit through a rear door and wait in a parking lot as Arlington police conducted a search of the premises with a bomb sniffing dog. No trace of a bomb was found.

All the customers, including parents and their kids, were invited back inside and the show took place as planned.

Tara Hoot entertains at ‘Love Fest’ on Saturday. (Washington Blade photo by Michael Key)

No similar threat occurred at the May 4 event. But three male protesters assembled on the sidewalk next to the parking lot behind the Freddie’s building, with one of them shouting from a bullhorn passages from his Bible that he said indicated the Drag Story Hour event was an “abomination.”

The three protesters were outnumbered by nearly a dozen counter protesters who were  members of the Rainbow Defense Coalition, an LGBTQ organization. They carried bright, rainbow-colored umbrellas while chanting messages of support for the Drag Story Hour event.

Freddie Lutz, Freddie’s Beach Bar owner, called the event a “smashing success” that brought an “outpouring of love from the community.” Lutz released a flier on social media promoting the Love Fest event shortly after the earlier event interrupted by the bomb threat as a showing of love “to stop the hate.”

“Join us for the next story time brunch dressed in your favorite rainbow/hippie outfit” and “carry your favorite homemade signs of support,” Lutz said in his promotional flier. He came to the event dressed in what he called his hippie protest outfit.

Lutz said while the protesters did not interrupt the event, he was concerned that their shouting was scaring some of the kids as they and their parents walked by the protesters to enter Freddie’s.

“I went out back and tried to talk to one of them and it was kind of like talking to a brick wall,” Lutz told the Washington Blade. “He was screaming at the parents that were crossing their kids on the crosswalk,” Lutz said. “And I said, you’re screaming at those kids, you’re scaring them.”

Lutz said the man told him he was yelling at the parents, not the kids. “And I said, no you’re not. The kids are hearing you. You’re scaring them.”

Added Lutz, “And to have such a fun-loving, happy show and then walk out on the sidewalk to that is very disheartening. It’s really sad. I told him my God is a forgiving and loving God.”

One of the protesters, who declined to disclose his name, said he and his two fellow protesters came to talk about the gospel of Jesus Christ. 

“We want them to know this is an abomination to the Lord,” he told the Blade. “We want them to know those children don’t have a voice and they’re being brainwashed in there. We’re here to call out their sin.”

A protester stands outside of Freddie’s Beach Bar in Arlington, Va. flanked by several LGBTQ rights supporters. (Washington Blade photo by Michael Key)

Stephanie Krenrich, who brought her two-year-old daughter to the event, said she strongly disputes the claims of the protesters.

“I brought my daughter here because I think that it was a beautiful and wonderful show, and it was great for her,” she said. “And I think it’s pretty offensive when people come to Arlington and tell parents what to do, especially for something so beautiful and so fun and so wholesome,” she told the Blade.

“So that’s why I brought her,” Krenrich said. “I think that it’s really important that we stand up for our values and people just being themselves, being happy and being them.”

Among those who attended the event were four elected officials from Arlington – Virginia State Sen. Barbara Favola, Virginia State Del. Adele McClure, Arlington County Board member Maureen Coffee, and Arlington and Falls Church State’s Attorney Parisa Dehgani-Tafti.

Also attending was Nick Benton, editor and publisher of the LGBTQ supportive Falls Church, Va., News Press; and Kellen McBeth, president of the LGBTQ group Equality Arlington.

“It was fantastic to see so many people come out to support Freddie’s, to support the LGBTQ+ community,” McBeth said. “It was a great event and we’re happy to be a part of it.”

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District of Columbia

Another successful Taste of Point fundraiser

Scholars praise financial, networking support

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Taste of Point was held last Thursday. (Washington Blade photo by Michael Key)

The Point Foundation hosted its annual Taste of Point DC fundraising event on Thursday with nine participating restaurants, a drag performance, and a silent auction. 

The event was hosted on the rooftop of the Room & Board on 14th Street, with an afterparty at Shakers. Point donors, scholars, and alumni circled the rooftop eating chips and guacamole from Mi Vida and drinking Pinot Grigio from Barkada. 

After about an hour of mingling the events began with event committee member, Kelly Horton and Kevin Kim Wright, chief of staff welcoming the crowd and speaking about the importance of their presence during this pivotal time in queer youth history. Then, Wright welcomed BIPOC Scholar Katherine Guerrero Rivera, saying she was a model of a Point scholar. 

“We’re always impressed with all of our scholars and Katherine is another example of a student who is deeply engaged in their campus life and a myriad of projects, everything from creating her own podcast to being a part of a number of student organizations.” Wright said. 

Rivera said that the Point Foundation scholarship helps her resist the pressure to drop out. She pointed out that just over 50 percent of Latina students who attend college graduate. 

“The Point BIPOC Scholarship is not just financial support, Point has connected me with hundreds of people like me studying on campuses across the country.” she said.

Rivera is a criminology major and poetics minor at University of Maryland and said she hopes to use her degree to bring knowledge to her community through art and advocacy. She said it is important for her to take academic jargon and make it accessible to her community. 

“Too often, the history of LGBTQ and people are ignored and silenced during our education,” she said. “I want to use my access to higher education and the chance to develop my creative skills to bring light to societal issues.”

She finished her speech with applause for the audience, then Horton came back with drag queen Tara Hoot to discuss ways donors could continue to support the Point Foundation. 

After the lineup of events Wright said he felt great about the event, because it was a celebration of Point’s scholars. 

“Some are interning for United States senators, some are volunteering for leading national non-profits, so to be able to celebrate all that’s being done here is truly amazing,”

Wright continued, thanking the D.C. restaurant community for consistently showing up in force to support Point. 

“This really helps to paint the picture that this movement is growing,” he said. “People believe in this mission to provide LGBTQ young people with the opportunity to pursue their higher education goals, to improve their leadership abilities and then go on to make a significant impact on society.”

CLICK HERE to see more photos from Taste of Point.

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