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LGBT workers caught in standoff as ENDA blocked

Boehner won’t bring up bill; White House continues to withhold executive order

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John Boehner, Republican Party, Ohio, Republican National Convention, Florida, Tampa, United States House of Representatives, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

House Speaker John BoehnerĀ opposes the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

After Senate passage of the Employment Non-Discrimination Act, progress toward protecting LGBT workers has hit a wall amid an apparent standoff between the U.S. House and the White House.

On the one hand, U.S. House Speaker John Boehner (R-Ohio) has said he sees “no need or no basis” for ENDA, which would bar most employers from discriminating against LGBT workers. On the other, the White House insists the House of Representatives must take Ā action and is continuing to withhold an executive order prohibiting federal contractors from engaging in anti-LGBT discrimination.

Boehner made the comments in opposition to ENDA, articulating a view he previously expressed through a spokesperson, when asked by the Washington Blade last week whether he would allow a vote on the legislation despite his own misgivings about the bill.

“I think this legislation that Iā€™ve dealt with as chairman of the Education & The Workforce Committee long before I was back in the leadership is unnecessary and would provide a basis for frivolous lawsuits,” Boehner said. “People are already protected in the workplace. Iā€™m opposed to continuing this.”

LGBT advocates immediately pounced on Boehner’s remarks, saying there’s no basis to believe the bill would lead to “frivolous lawsuits,” citing a recent study by Government Accountability Office finding that the enactment of similar state laws have resulted in “relatively few employment discrimination complaints.” Advocates also notedĀ an employee can be fired for being gay inĀ 29 statesĀ andĀ 33 statesĀ have no protections for transgender workers.

The next day, the Blade asked White House Press Secretary Jay Carney whether Boehner’s continued obstruction of a House vote on ENDA has led to any reconsideration of an executive order from President Obama barring LGBT discrimination among federal contractors. Carney restated Obama’s support for ENDA and redirected attention to Boehner in his response.

“So we are not at all ready to believe that the fight is over in the House, because it is the presidentā€™s strong conviction that this is the right thing to do and that the arguments against it do not hold up to scrutiny or the test of history,” Carney said. “So weā€™re going to keep fighting for the House to take it up and urging the House to take it up.”

Despite the outward appearance of a standoff between the White House and the House of Representatives, LGBT advocates dismiss the notion of gridlock and say movement continues behind the scenes.

Tico Almeida, president of Freedom to Work, said some of the momentum seen in the Senate continues in the House.

“More than a dozen House members have joined as ENDA co-sponsors within the last month alone, and we just reached the 200 sponsor mark,” Almeida said “By the end of this week, Freedom to Work will have met with and lobbied more than 15 Republican House offices in the two weeks since the Senate vote, and we think the number of ENDA co-sponsors will continue to grow.”

Almeida predicted that ENDA “would pass if allowed to reach the floor of the House,” joining Senate Majority Leader Harry Reid (D-Nev.), House Minority Leader Nancy Pelosi (D-Calif.), Sen. Jeff Merkley (D-Ore.), Rep. Jared Polis and the Human Rights Campaign in making that assessment.

Laura Durso, director of the LGBT Research and Communications Project at the Center for American Progress, said the standoff on action for LGBT workers actually exists elsewhere.

“I personally see the standoff really between the Republican leadership in the House and the bipartisan majority of the American public, the bipartisan majority in the Senate who had supported ENDA,” Durso said.

Meanwhile, ENDA supporters are continuing to draw attention to the lack of federal workplace non-discrimination protections for LGBT workers.

Last week, a coalition of groups including the Movement Advancement Project, issued an update to its series of reports on the state of LGBT workers with a new study that examines the particular plight faced by LGBT workers of color.

The report, titled “A Broken Bargain for LGBT Workers of Color,” takes a broader look at issues for LGBT people of color other than workplace discrimination, but findsĀ they have higher rates of unemployment in comparison to their straight counterparts.

The unemployment rate for LGBT Asian and Pacific Islanders is 11 percent compared to 8 percent for straight Asian and Pacific Islanders; for LGBT Latinos it’s 14 percent compared to 11 percent for straight Latinos; and 15 percent for LGBT African Americans compared to 12 percent for straight African Americans.

Additionally, the report found unemployment rates for transgender people of color have reached as high as four times the national unemployment rate.

“Hiring bias andĀ on-the-job discrimination mean that qualified LGBTĀ workers of color may not have the opportunity to findĀ jobs that match their abilities and aspirations and thatĀ allow them to support themselves and their families,” the report concludes.

CREDO,Ā a progressive social change organization, has prepared an online petition calling on Boehner to allow a vote on ENDA. As of last week, more than 49,000 people had signed.

“The Employment Non-Discrimination Act passed the Senate,” the petition states. “Stop blocking an up-or-down vote, and let all members of the House go on the record about where they stand on equal rights in the workplace.ā€

Meanwhile, calls continue for President Obama to sign an executive order to bar LGBT discrimination among federal contractors. If the order were along the lines of Executive Order 11246 signed by President Lyndon Johnson, it would bar discrimination based on sexual orientation and gender identity for federal contractors that earn more than $10,000 a year in federal contracts.

Sarah Trumble, policy counsel for the centrist group known as the Third Way, saidĀ the White House may decide to issue the executive order “as a down payment” for LGBT workers while anticipating later action from Congress.

“Because these issues are actually separate, even if the White House does issue the executive order, we would still need ENDA and Speaker Boehner would continue to feel the pressure to give the bill a vote,”Ā Trumble said.

Almeida expressed frustration that the Obama administration continues to hold out on the executive order.

ā€œThereā€™s no need to wait months, or even wait days, before adding strong LGBT workplace protections to millions of American jobs,” Almeida said. “The unexplained delays by the Obama administration are perplexing.”

Almeida said that last week the company Bechtel, a global engineering and construction company, received a $143 million contract from the U.S. government even though protections for transgender workers aren’t included in its non-discrimination policy.

“The existing federal contractor Executive Order 11246 already bans sex discrimination, giving the Labor Department the authority to insert transgender protections into the language of contracts like the one Bechtel signed last week,” Almeida said. “But the Labor Department is sadly allowing those opportunities forĀ progress to slip away.”

Such action from the Labor Department, Almeida noted, would bring the existing executive order into alignment with the U.S. Equal Employment Opportunity’s decision in Macy v. Holder that found transgender discrimination amounts to gender discrimination prohibited under current law.

“We will keep pushing for both President Obama and Labor Secretary Perez to take concrete action to ensure American taxpayer money is not squandered on harassment or discrimination,” Almeida concluded.

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U.S. Federal Courts

4th Circuit rules Montgomery County parents cannot opt children out of LGBTQ-specific lessons

Lawsuit filed in May 2023

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(Bigstock photo)

A federal appeals court on Wednesday ruled a group of Montgomery County parents cannot ā€œopt outā€ their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents filed their lawsuit in May 2023.

An American Civil Liberties Union press release notes the lawsuit challenges Montgomery County Public Schools’ policy that “mandates the inclusion of literature with LGBTQ+ characters as part of the ELA (English and Language Arts) curriculum, aiming to promote understanding and acceptance among students.” 

“Although the district originally allowed parents to opt their children out of some ELA lessons, it rescinded the opt-out policy because the number of requests grew too difficult to manage, student absenteeism soared, and it created a stigmatizing environment for students who are LGBTQ or have LGBTQ family members, undermining the purpose of the inclusivity requirement,” said the ACLU.

U.S. District Judge Deborah L. Boardman of the U.S. District Court for the District of Maryland ruled against the parents. The 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld the decision.

ā€œWeā€™re talking about books like ā€˜Pride Puppy,ā€™ which is light-hearted and affirming,ā€ said ACLU of Maryland Legal Director Deborah Jeon in a press release. ā€œDuring a time of intensifying calls to ban books and limit access to information about LGBTQ+ people and identities, this ruling in support of inclusion in education matters.ā€

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National

Jimmy Carter’s grandson says his grandfather nearing the end

Former president has been in hospice for more than a year

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Former President Jimmy Carter being interviewed by CBS News in 2006. (CBS News YouTube screenshot)

BY JILL NOLIN | The grandson of former President Jimmy Carter provided an update on his grandfatherā€™s condition Tuesday at the Rosalynn Carter Symposium on Mental Health Policy, which was the first held since the former first ladyā€™s death.

Grandson Jason Carter said he visited his grandfather at his home in Plains a couple weeks ago to watch an Atlanta Braves baseball game.

ā€œI said, ā€˜Pawpaw, people ask me how youā€™re doing, and I say, I donā€™t know.ā€™ And he said, ā€˜well, I donā€™t know myself,ā€™ā€ Jason Carter said during the event at the Carter Center in Atlanta. ā€œHeā€™s still there.ā€ 

Jimmy Carter, who at 99 years old is the longest lived president, has been in hospice care since early 2023. Rosalynn Carter, his wife of 77 years, died in November.

Jason Carter said he believes his grandfather is nearing the end.

ā€œThereā€™s a part of this faith journey that is so important to him, and thereā€™s a part of that faith journey that you only can live at the very end. And I think he has been there in that space,ā€ Jason Carter said. 

His grandfatherā€™s time in hospice care has been a reminder of the work Rosalynn Carter did to advance caregiving and mental health, he said.

ā€œThe caregiving associated with mental health and mental illness is so crucial and so fundamental to the work that we all do in this room and to her legacy that it is remarkable and important, and weā€™ve all experienced it very first hand over the last year so we give thanks for that as well,ā€ Jason Carter said. 

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Jill Nolin

Jill Nolin has spent nearly 15 years reporting on state and local government in four states, focusing on policy and political stories and tracking public spending. She has spent the last five years chasing stories in the halls of Georgiaā€™s Gold Dome, earning recognition for her work showing the impact of rising opioid addiction on the stateā€™s rural communities. She is a graduate of Troy University.

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The preceding article was previously published by the Georgia Recorder and is republished with permission.

The Georgia Recorder is an independent, nonprofit news organization focused on connecting public policies to the stories of the people and communities affected by them. We bring a fresh perspective to coverage of the stateā€™s biggest issues from our perch near the Capitol in downtown Atlanta. We view news as a vital community service and believe that government accountability and transparency are valued by all Georgians.

Weā€™re part of States Newsroom, the nationā€™s largest state-focused nonprofit news organization.

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Arts & Entertainment

ā€˜Pride in the 202ā€™ is coming with the 2024 Pride Pils can

DC Brau reveals design of its 7th Annual Pride Pils Can and announces upcoming Pride Pils Launch Party, Hosted by Right Proper Brewing Company

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2024 Pride Pils Can

DC Brau, D.C.ā€™s original craft brewery, reveals the design of its 7th annual Pride Pils can and announces the celebratory Pride Pils launch event. In support of The Blade Foundation and SMYAL, DC Brau partnered with Right Proper Brewing Company and Red Bear Brewing Co. and local artist Chord Bezerra of District Co-Op to design this year’s can. 

The can design will be showcased at Right Proper Brewing Company (624 T St., N.W.) in Shaw on Wednesday, May 29, from 5-8 p.m. Guests will be the first to enjoy the newly minted 2024 Pride Pils can. The event is free but guests can RSVP HERE.

The art, designed by Bezerra, was created to show pride in the 202. D.C. Pride started in 1975 as a small LGBTQ block party. This one-day event grew into a major festival, reflecting the community’s fight for visibility and  equality. Today, Capital Pride stands as a vibrant testament to the LGBTQ rights movement in the nation’s capital. In addition to the design being featured on DC Brauā€™s 2024 Pride Pils can, supporters can purchase ā€˜Hail To The Queenā€™ merchandise, including T-shirts, sweatshirts, stickers, and more from District Co-Op.

Since launching Pride Pils in 2017, DC Brau has donated more than $55,000 to The Blade Foundation and SMYAL, selling more than 97,500 Pride Pils cans.

About DC Brau: DC Brau Brewery was founded in 2011 and is Washington D.C.’s leading craft brewery, producing a variety of high-quality beers that are distributed locally and throughout the Mid-Atlantic region. DC Brau’s commitment to quality and innovation has earned it numerous accolades, including multiple gold medals at domestic and international beer festivals. For additional information, please visit www.dcbrau.com.

About Red Bear Brewing: Red Bear Brewing Co is an LGBT owned West Coast style brew pub located in the NoMa neighborhood of Washington DC. Red Bear strives to promote diversity to the craft brewing community across the board with our inclusive taproom, company culture and delicious beer, beverage and food offerings. www.redbear.beer.

About Right Proper Brewing Co: For more information visit www.rightproperbrewing.com

About The Washington Blade: The Washington Blade was founded in 1969 and is known as the ā€œnewspaper of recordā€ for the LGBTQ community both locally and nationally. For more information, visit washingtonblade.com and follow on Facebook (@WashingtonBlade) & Twitter/Instagram (@WashBlade).

About District CoOp: District CoOp is a collection of artists celebrating design, diversity and the culture of D.C. Weā€™re all about supporting and empowering local artists and creating a brand for the people by the people. All designs are available in both menā€™s and womenā€™s and as a tank or crew. Follow us on Instagram (@District_CoOp) or Facebook (@DistrictCoOp).

About SMYAL: SMYAL (Supporting and Mentoring Youth Advocates and Leaders) supports and empowers lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth in the Washington, DC, metropolitan region. Through youth leadership, SMYAL creates opportunities for LGBTQ youth to build self-confidence, develop critical life skills, and engage their peers and community through service and advocacy. Committed to social change, SMYAL builds, sustains, and advocates for programs, policies, and services that LGBTQ youth need as they grow into adulthood. To learn more, visit SMYAL.org

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