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HISTORIC: Senate votes to advance trans-inclusive ENDA

By vote of 61-30, senators start debate on pro-LGBT job bias bill

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Employment Non-Discrimination Act, United States Senate, gay news, Washington Blade, ENDA, Mark Pryor, Democratic Party, Joe Manchin
Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

The U.S. Senate invoked cloture on the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

In another milestone moment in the pursuit of equal rights for LGBT Americans, the U.S. Senate voted by a narrow margin on Monday to bring to the floor the Employment Non-Discrimination Act.

By a vote of 61-30, senators invoked cloture on the legislation as Sen. Mazie Hirono (D-Hawaii) presided. The vote enables up to 30 hours of debate and amendments before a vote for final passage, which is expected Wednesday.

The 54 Democrats who voted for ENDA, whose chief sponsor is Sen. Jeff Merkley (D-Ore.), consisted of the DemocratsĀ who co-sponsored ENDA as well as Sens. Cory Booker (D-N.J.), Joe Manchin (D-W.Va.) and Mark Pryor (D-Ark.). Sen. Claire McCaskill (D-Mo.), an ENDA co-sponsor, didn’t vote.

On the Republican side, additional votes came from Sens. Kelly Ayotte (R-N.H.), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.). Other votes came from Sens. Orrin Hatch (R-Utah), who voted for the bill in committee, and Sen. Dean Heller (R-Nev.), who articulated his support earlier in the day. Sen. Lisa Murkowski (R-Alaska), who also voted for ENDA in committee, didn’t vote.

Tammy Baldwin, gay news, Washington Blade, Employment Non-Discrimination Act, United States Senate, Democratic Party, Wisconsin

Sen. Tammy Baldwin (D-Wis.) addressed reporters following the vote. (Washington Blade photo by Michael Key)

Including the Republican original co-sponsors of ENDA ā€” Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.) ā€” the bill had seven Republican votes. As he indicated he would, Sen. Jeff Flake (R-Ariz.) voted “no” after entering the Senate chamber following Sen. Tammy Baldwin (D-Wis.), apparently after a conversation with her.

As the vote took place, there were concerns there would be insufficient votes to invoke cloture on ENDA because of Murkowski’s absence, but Portman and Toomey, after intense conversations with colleagues, entered the Senate chamber just before the vote was called to vote “yes.”

The roll call of the vote for cloture on ENDA can be found here.

Prior to the vote, lawmakers who support the legislation spoke out in favor of the bill, touting it as a means of advancing equal opportunity and the “American Dream.”

Senate Majority Leader Harry Reid (D-Nev.) said ENDA is necessary because discriminating against gay workers is legal in 29 states and for being transgender in 33 states.

“The patchwork of state laws excludes tens of millions of Americans from basic protection against discrimination,” Reid said. “It is simply not good enough. It is [time to] pass a federal law that ensures all Americans regardless of where they live can go to work unafraid to be who they are. As long as hardworking, qualified Americans can be denied job opportunities, fired, or harassed because of their sexual orientation or gender identity, all workers are at risk.”

Sen. Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee from which the legislation originated, said passage of ENDA would say LGBT Americans “deserve the same civil rights protections as all other Americans.ā€

“We are here because, even though most Americans believe firing or refusing to hire someone based their sexual orientation is illegal, they are incorrect,” Harkin said. “The majority of Americans, more than 56 percent, live in states where it is perfectly legal to fire someone or to refuse to hire them because of who they are, a lesbian, gay, bisexual or transgender citizen.”

Amid concerns that the religious exemption is too broad and calls from some LGBT advocates for lawmakers to speak out against it, Harkin said the language is necessary to ensure bipartisan support.

ā€œThis is a compromise that has been hard for strong advocates of civil rights and civil liberties, including me, to accept,” Harkin said. “But it is an exemption that has helped to persuade some members of strong faith that ENDA should become law. I would point to my friend Sen. Hatch, who supported this bill in committee, as just one important example of senators who are satisfied that this exemption serves to reconcile the strictures of their faith with fundamental fairness in the workplace.”

Sen. Tammy Baldwin (D-Wis.), the only openly gay member of the Senate, said she understands some lawmakers may have political difficulties in supporting the legislation, but encouraged her colleagues to stand on the right side of history.

“I realize that for some, this is not an easy vote,” Baldwin said. “I understand that for some they may believe that itā€™s not good politics. But I want to say that I have a deep respect for those who choose to stand on the side of progress for our country this week. So for those that stand up this week and answer the call for courage, I can say with confidence your courage will be respected and remembered when this struggle is written.”

Sen. Mark Kirk (R-Ill.), a Republican and original co-sponsor of ENDA, spoke on the Senate floor for the first time in two years after suffering a stroke.

“I have been silent for the last two years due to a stroke a little under two years ago,” Kirk said. “I have risen to speak because I’m so passionate in enacting the ENDA statute.”

It’s the first time a version of ENDA with transgender protections has come to the floor of either chamber of Congress. In 2007, controversy ensued after gay former Rep. Barney Frank dropped the transgender provision from the bill over the concern an inclusive bill couldn’t be passed.

Mara Keisling, executive director of the National Center for Transgender Equality, said the cloture vote on ENDA is “an important step” toward ensuring workplace fairness for everyone, including transgender workers.

“Tonight’s procedural vote is an important step toward making sure our country gives every worker, including transgender workers, the same chance at having security at work and caring for the ones they love,” Keisling said. “The Employment Non-Discrimination Act does just that.”

It’s also the first time the Senate has considered ENDA since 1996, when the bill came to the floor as part of a deal to consider the Defense of Marriage Act and failed by one vote.

The cloture vote is also significant because the 60-vote threshold necessary to overcome a filibuster is higher than the simple majority needed for final passage. It means the legislation is almost certain win final approval in the Senate.

Amendments are expected in the coming days. After his “yes” vote on cloture, Portman announced he’ll introduce an amendment that would prevent retaliation against religious organizations and make changes to the introductory section that highlight and explain the importance of religious liberty.

White House Press Secretary Jay Carney praised lawmakers for voting for cloture on the legislation, saying President Obama welcomes the bipartisan support for the bill.

“He thanks the lawmakers from both sides of the aisle who have stood up for Americaā€™s core values of fairness and equality, and looks forward to the Senateā€™s consideration of ENDA,” Carney said. “He also encourages lawmakers to ensure that the legislation remains true to its goals as it is considered.”

LGBT advocates praised the vote on ENDA as a milestone moment in anticipation of additional debate that will take place in the days to come.

Chad Griffin, president of the Human Rights Campaign, said the cloture vote indicates the time has come for ENDA’s passage.

ā€œToday we saw American democracy in action with the U.S. Senate finally following the will of a diverse and bipartisan collection of Americans calling for workplace fairness,” Griffin said. “With a super majority of Senators, more than 100 major American companies, and more than two-thirds of Americans all standing proudly in support of ENDA, there is tremendous momentum behind this common-sense bill. ENDA’s time has come, and we’re not going to stop fighting until it is passed once and for all.ā€

Tico Almeida, president of Freedom to Work, drew attention to the bipartisan support the legislation won on the Senate floor.

ā€œThe U.S. Senate has taken a historic step toward ensuring that gay and transgender Americans have the same workplace protections that give all Americans a fair shot to succeed on the job,” Almeida said. “Todayā€™s strong bi-partisan vote total for the Employment Non-Discrimination Act reflects that majorities of Americans from both parties believe nobody should get fired or harassed just because of who they are or whom they love.ā€

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The White House

Jane Rigby awarded Presidential Medal of Freedom

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NASA astrophysicist Jane Rigby, the senior project scientist for the space agency's James Webb Space Telescope, was awarded the Presidential Medal of Freedom by President Joe Biden on May 3, 2024, at the White House. (Photos courtesy of NASA)

Sitting among a diverse and venerable group of Americans from every walk of life on the dais in the East Room of the White House on May 3 was lesbian and NASA astrophysicist Jane Rigby, awaiting her turn to be honored by President Joe Biden who would bestow the Presidential Medal of Freedom, the nationā€™s highest civilian honor, on her.

Rigby, an astronomer who grew up in Delaware, is the chief scientist of the worldā€™s most powerful telescope who alongside her team operating NASAā€™s James Webb Space Telescope, studies every phase in the history of the universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of the solar system. 

A member of Penn Stateā€™s Class of 2000, Rigby graduated with a bachelorā€™s degrees in physics and astronomy. She also holds a masterā€™s degree and a PhD in astronomy from at the University of Arizona. Her work as the senior project scientist for NASAā€™s Webb Telescope includes studies on how galaxies evolve over cosmic time and she has published more than 140 peer-reviewed scientific papers.

Rigby was named to Nature.comā€™s 2022 list of 10 individuals who shaped science and to the BBCā€™s list of 100 inspiring and influential women in the same year. Rigby had postdoctoral fellowships at Carnegie Observatories in Pasadena, Calif., before landing her job at Goddard Space Flight Center. In 2013 Rigby was awarded the Robert H. Goddard Award for Exceptional Achievement for Science.

A founding member of the American Astronomical Societyā€™s Working Group on LGBTQ Equality in January 2012, now called the Committee for Sexual Orientation and Gender Minorities in Astronomy, Rigby serves as its Board Liaison until her term expires this June.

The lesbian astrophysicist in an interview for SGMAā€™s website spoke about her experiences including coming out:

ā€œIā€™ve been out since 2000. My storyā€™s simple ā€” I fell in love with a fellow grad student in the department. It was a close-knit department, so hiding would have been ludicrous. Nor did I want to hide the best thing in my life! So, we were out as grad students. I certainly heard people say awful homophobic things at work there. They werenā€™t directed at me, and they werenā€™t said by people with power over me. If I recall, I was much less afraid of homophobic discrimination at work, than I was afraid of the two-body problem, and the lack of support we would receive as a same-sex couple in astronomy. That fear turned out to be justified. Iā€™ve seen numerous different-sex couples get a wide range of support in solving the two-body problem, which was never offered to us,ā€ she told the interviewer.

She reflected on American astronaut and physicist Sally Ride, her childhood role model who had an impact on her career:

ā€œOne of my biggest role models when I was young was Dr. Sally Ride. A few years ago, on her deathbed, Dr. Ride chose to write in her obituary that her life partner had been a woman. Dr. Ride was the most influential woman scientist when I was growing up ā€” the person that made me say, ā€œI want to do THAT when I grow up.ā€ It was because of her that I realized that astrophysics was a profession, that physics was a subject girls could study, that NASA needed astrophysicists. So Iā€™m so ā€¦ amused, I suppose, that Sally Ride was this influence on my lifeā€™s path, at a time when I was completely unaware that it was even possible to *be gay* ā€” and at the same time, she was gay, in love, and deeply closeted to keep her job.ā€

The interviewer noted that ā€œfor some women being gay is a cause for concern at the work place. Some say they were unsure about how to turn their sexual orientation into a positive aspect of their work persona.ā€ Then asked Rigby what is your view on this?

ā€œMy experience is that absolutely I am a *better* astronomer because Iā€™m queer. For a few reasons. First, I see things different than my colleagues. On mission work, as we weigh a decision, my first thought is always the community impact: ‘If we do things this way, who benefits, and who gets left out in the cold?’ Will this policy create inclusion, or marginalization? I think about science in terms of community-building. What team do we need to tackle a given science problem, with skills that are different from mine? Absolutely I think that way because Iā€™m an outsider, because Iā€™ve been marginalized. And because community-building is central to LGBTQ culture,ā€ she said.

Married to Dr. Andrea Leistra, Rigby, her wife and their young child reside in Maryland not far from her workplace at the NASA Goddard Space Flight Center in suburban Washington and when not studying the universe is often found on the neighboring Chesapeake Bay wind boarding, a favored pastime.

Also honored in the ceremony Friday were a former U.S. vice president, a civil rights worker and martyr, two former Cabinet secretaries ā€” one a former U.S. secretary of state, a speech writer for the late Dr. Martin Luther King Jr., an Olympian and gold medalist, and one of the most powerful woman political leaders and the speaker emeritus of the U.S. House of Representatives, among others, and LGBTQ advocate Judy Shepard.

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Arts & Entertainment

Washington Bladeā€™s Pride on the Pier and fireworks show returning June 8

The annual Pride on the Pier Fireworks Show presented by the Leonard-Litz Foundation will take place on Saturday, June 8 at 9 p.m.

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Pride on the Pier (Photo Courtesy The Wharf)

The Washington Blade, in partnership with LURe DC and The Wharf, is excited to announce the 5th annual Pride on the Pier and fireworks show during D.C. Pride weekend on Saturday, June 8, 2024, from 2-10 p.m.

The event will include the annual Pride on the Pier Fireworks Show presented by the Leonard-Litz Foundation at 9 p.m. 

Pride on the Pier (Photo Courtesy The Wharf)

Pride on the Pier extends the cityā€™s annual celebration of LGBTQ visibility to the bustling Southwest waterfront with an exciting array of activities and entertainment for all ages. The District Pier will offer DJs, dancing, drag, and other entertainment. Alcoholic beverages will be available for purchase for those 21 and older. Local DJā€™s Heat, Eletrox and Honey will perform throughout the event.

3 p.m. – Capital Pride Parade on the Big Screen

3:30 p.m. – Drag Show hosted by Cake Pop!

9 p.m. – Fireworks Show Presented by Leonard-Litz Foundation

Pride on the Pier (Photo Courtesy of The Wharf)

The event is free and open to the public. The Dockmasters Building will be home to a VIP experience. To learn more and to purchase tickets go to www.prideonthepier.com/vip. VIP tickets are limited.

Event sponsors include Absolut, Buying Time, Capital Pride, DC Brau, DC Fray, Burney Wealth Management,Ā Infinate Legacy, Leonard-Litz Foundation,Ā Mayor’s Office of LGBTQ Affairs, MISTR, NBC4, The Wharf. More information regarding activities will be released at www.PrideOnThePier.com

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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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