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Nearly 200 lawmakers seek action from Obama for LGBT workers

Dem leaders, zero Republicans, call for executive order

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Steny Hoyer, Maryland, United States House of Representatives, gay news, Washington Blade, Democratic Party, U.S. Congress
Steny Hoyer, Maryland, United States House of Representatives, gay news, Washington Blade, Democratic Party, U.S. Congress

House Minority Whip Steny Hoyer (D-Md.) was the highest-ranking congressman to call for the ENDA executive order. (Washington Blade photo by Michael Key)

As legislation to protect LGBT workers from discrimination continues to languish in the U.S. House, an unprecedented number of nearly 200 lawmakers on Tuesday ā€” including members of House Democratic leadership ā€” called on President Obama to take administrative action.

In a letter dated March 18, 148 House members and 47 senators ā€” making for a total of 195 lawmakers ā€” urged Obama to sign an executive order barring federal contractors from discriminating on the basis of sexual orientation and gender identity as part of his plan for a “Year of Action” in 2014.

“As we continue to work towards final passage of the Employment Non-Discrimination Act (ENDA) with strong bipartisan support, we urge you to take action now to protection millions of workers across the country from the threat of discrimination simply because of who they are or who they love,” the letter says. “We are committed to doing all that we can in Congress to get ENDA to your desk this year; however, there is no reason you cannot immediately act by taking this important step.”

The letter says “time is of an essence” for a signature on the executive order because even when that happens, a process that “will take many months, if not longer” to implement the directive fully will be necessary.

In the House, the letter was circulated by the LGBT Equality Caucus along with Reps. Frank Pallone (D-N.J.) and Lois Capps (D-Calif.), while ENDA’s chief sponsor in the Senate Jeff Merkley (D-Ore.) circulated the letter in that chamber with Sens. Tammy Baldwin (D-Wis.) and Tom Harkin (D-Iowa).

It’s not the first time members of Congress have penned their names to a letter calling on Obama to take administrative action to protect LGBT workers from discrimination. In 2011, Pallone and Capps led an effort to sign a similar letter, which at the time was signed by 72 House members. In 2013, they circulated another letter on the issue signed by 110 House members as Merkley submitted yet another missive signed by 37 senators.

The series of letters from lawmakers over the course of recent years ā€” in addition to regular questioning on the issue for White House Press Secretary Jay Carney ā€” have been to Obama on the executive order as LGBT advocates have pressed for it for some time.

But the latest missive has more lawmakers calling for the executive order than the 2013 letter and, for the first time, has members of Democratic leadership as signatories: House Minority Whip Steny Hoyer (D-Md.) and Assistant Minority Leader Jim Clyburn (D-S.C.). The Blade first reported Hoyer would sign the letter on Monday.

Although House Minority Leader Nancy Pelosi has publicly said she supports the executive order as far back as 2011 she didn’t sign the letter. Drew Hammill, a Pelosi spokesperson, said his boss rarely signs group letters and would raise the issue in a private missive to Obama.

Also missing from the letter is Senate Majority Leader Harry Reid (D-Nev.), who also gave his green light for the potential directive in January.Ā Reidā€™s office indicated that he doesn’t typically sign member letters.

Rep. Debbie Wasserman Schultz (D-Fla.), chair of the Democratic National Committee, also didn’t pen her name to the letter. Last week, sources told the Blade she had discouraged members from signing previous iterations of the letter, but her office called that assertion a “bald-faced lie.” She hasn’t articulated support for the executive order.

Not a single Republican signed the letter. Not one of the 10 Republicans who voted for the Employment Non-Discrimination Act in the Senate late last year or any of the six GOP co-sponsors of ENDA in the House penned their name to the missive.

Tico Almeida, president of Freedom to Work, said his organization helped to secure signatures for the letter ā€” and hopes it’ll be the last time the effort is necessary.

“This week, we collaborated with the Equality Caucus for the third time to collect signatures on the 2014 letter to President Obama on the same topic,” Almeida said. “These year-after-year delays from the White House are making this all start to feel like Bill Murrayā€™s ā€˜Groundhog Day,ā€™ and I really hope we donā€™t have to push for yet another congressional letterĀ to President Obama in 2015 or 2016 or a letter to President Hillary Clinton in 2017. Itā€™s long past time for President Obama to keep his word and create LGBT workplace protections at the companies that profit from taxpayer-funded contracts.ā€

The White House has responded to other letters like this one in the past by saying it has no updates to provide on a “hypothetical” executive order protecting LGBT workers. It didn’t respond to comment on the latest letter.

Last week, Carney reiterated Obama’s support for the Employment Non-Discrimination Act when asked about the executive order.

“Our view is that Congress ought to pass the Employment Non-Discrimination Act,” Carney said. “I donā€™t have any updates for you on possible executive orders. What weā€™re focused on is on a legislative remedy that would be more comprehensive and that has already seen progress in Congress. So I donā€™t have a view to express on that particular issue.”

Lawmakers who organized the signature-gathering for the letter in both the House and Senate issued their own words on the importance of Obama signing the executive order.

Merkley said signing the executive order would help ensure LGBT people have access to equal opportunity in the workplace.

“All Americans deserve fairness in the workplace,” Merkley said. “There is no reason to wait any longer to extend non-discrimination policies to federal contractors and protect millions of Americans from being fired for who they are or who they love.”

Capps said in a statement she hopes Obama “will immediately sign an executive order” to protect LGBT workers against discrimination.

“This issue has lingered for far too long and this year, in the presidentā€™s year of action, he should take this opportunity to expand employment protections,” Capps said. “Doing so would be a significant and meaningful advancement for LGBT Americansā€”legally, politically, and culturally. With workers across the country facing discrimination every day, the time is now to make sure workplace discrimination isnā€™t supported by taxpayer funds.”

As Capps observes, the Williams Institute published a report finding that the executive would extend non-discrimination protections to the estimated 16.5 million employees at federal contractors. (The number of people within this population who are LGBT is estimated to be smaller andĀ between 400,000 and 600,000 people.)

Capps added that she been pushing Obama to sign the executive order for years and “will not stop pushing this issue ā€” it is time for the president to act.”

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National

Bill to support LGBTQ+ seniors in rural areas reintroduced

‘LGBTQ+ elders and older people living with HIV live in every part of this nation & should be able to access services and care’

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(Washington Blade file photo by Lou Chibbaro, Jr.)

WASHINGTON ā€“ Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) reintroduced legislation to increase access to needed services and resources for LGBTQ+ seniors who live in rural areas this week.

The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging (AAA) located in rural communities to better serve and support LGBTQ+ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.

Recent surveys show that between 2.9 million and 3.8 million LGBTQ+ people live in rural American communities.

ā€œLGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,ā€ SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. ā€œWe commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.ā€

ā€œLGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,ā€ said Rep. Bonamici, Chair of the Equality Caucusā€™ LGBTQ+ Aging Issues Task Force.ā€Those who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.ā€

ā€œThe Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. Iā€™m pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,ā€ Bonamici added.

ā€œRural LGBTQI+ seniors have been lacking access to necessary services and care for too long,ā€ said Pocan, Co-Chair of the Congressional LGBTQ+ Equality Caucus. ā€œThe Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.ā€

ā€œMany of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,ā€ said Rep. Davids. ā€œWhile they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.ā€

The Elder Pride Act complements the Older American Act, which was updated under Bonamiciā€™s leadership, by establishing a rural grant program designed to fund care and services for LGBTQI+ seniors. The grant would also support programs that:

ā€¢ provide services such as cultural competency training for service providers;

ā€¢ develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;

ā€¢ expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,

ā€¢ disseminate resources on sexual health and aging for senior service providers.

A fact sheet on the legislation can be found here, and the full text can be found here.

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Virginia

Youngkin vetoes bill that would have expanded Va. bullying definition

Bisexual state Del. Joshua Cole introduced House Bill 536

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Republican Virginia Gov. Glenn Youngkin speaks at a CNN Town Hall on March 9, 2023. (Screen capture via CNN)

Virginia Gov. Glenn Youngkin on Friday vetoed a bill that would have added sexual orientation, gender identity and expression to the state’s definition of bullying.

Lawmakers earlier this year approved House Bill 536, which bisexual state Del. Joshua Cole (D-Fredericksburg) introduced. 

“While I agree with the general purpose of the legislation, regrettably, the General Assembly did not approve my amendments,” said Youngkin in a statement. “Those recommendations would have expanded the definition of bullying to encompass all possible motives.”

“School administrators must work to prevent bullying and support our students’ mental health through a healthy learning environment, but the narrow definition provided in the legislation could be interpreted to exclude groups not included in the Virginia Human Rights Act, such as bullying victims raised with traditional values or those who are in foster care,” added the Republican.

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Congress

House ethics complaint filed over GOP staffer’s anti-trans email

Rep. Carol Miller’s chief of staff defended his actions

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Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), in 2012. (Screenshot/YouTube San Diego City Beat)

A federal government employee has filed a complaint to the U.S. House Ethics Committee over an email they received from Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), which contained combative and anti-trans language. 

The Washington Blade has seen the correspondence between the parties, in which the confrontation was apparently kicked off when the congresswomanā€™s top aide received an email that included the senderā€™s preferred pronouns in the signature box, triggering his reply.

Donnellan wrote, “As a father, it is disgusting that anyone would ever tell my son or daughter that something is wrong with them and they should take sterilizing hormones or have surgery to cut off their genitals.”  

“The fact that you support that ideology by putting pronouns in your signature is awful,ā€ he said, adding, ā€œYouā€™re disgusting and should be ashamed of yourself. Donā€™t email me or anyone from my office ever again.ā€ 

A senior government official told the Blade in a written statement that the email was not out of character for Donnellan:

 ā€œIā€™ve heard from two colleagues several months apart about two separate transphobic emails, using identical language, from Matthew. Unfortunately these emailsā€”though inconsistent with the typical collegiality one would expect from a Chief of Staff on the Hillā€”is likely a reflection of both increased partisanship on the Hill and a rise in anti-LGBTQ rhetoric from the right.

ā€œNot only is this virtual, hate-filled temper tantrum unbecoming of a Chief of Staff, inappropriate, and unprofessional, it also hurts his bossā€™s constituents. DC is built on congressional staff, members of Congress, and executive officials being able to put aside their differences to find unlikely areas of commonality where they can work together. 

ā€œEven some of the most progressive members, like [U.S. Reps. Alexandria Ocasio-Cortez (N.Y.) and Jerry Nadler (N.Y.)] have partnered with some of the most conservative members, like [U.S. Reps. Matt Gaetz (Fla.) and Jim Jordan (Ohio)], respectively, when they can find common ground. 

ā€œMatthewā€™s refusal to work with an agency department or office just because a staffer has pronouns in their signature isnā€™t just hatefulā€”it means heā€™s cutting off opportunities to deliver results for his bossā€™s constituents, especially in a divided Washington.ā€

Donnellan told the Blade by email that his response to the government employee is ā€œa reply I send to anyone who uses pronouns or pushes gender ideology in any way.ā€ 

ā€œNo one is ā€˜born in the wrong bodyā€™ and it’s horrific to tell anyone that they need genital mutilation surgery or sterilizing drugs,ā€ he said. ā€œPeople who push gender ideology, actively or passively, are awful and should be confronted every single time.ā€

ā€œIf the blunt reality of the terrible things that they are pushing is offensive to them then they should strongly reconsider what it this they believe and the harm that they are doing rather than simply trying to conform to liberal luxury beliefs,ā€ Donnellan said. 

Addressing the complaint filed against him, Donnellan said, ā€œI haven’t heard anything from Ethics and doubt that I will, they generally don’t waste their time with sheltered progressives being forced into the real world for the first time.ā€

A House Ethics Committee spokesperson declined to comment when asked if they could confirm receipt of the complaint.

Asked whether Miller might object to the way that she and her Congressional office are represented with these confrontational email exchanges, Donnellan said his bossā€™s ā€œmotto is ā€˜cut the bullā€™, and gender ideology is some of the biggest bull there is.ā€   

On Friday, the congresswomanā€™s son Chris Miller placed third in the Republican primary contest for West Virginiaā€™s gubernatorial race, where the stateā€™s Attorney General Patrick Morrissey secured his partyā€™s nomination in a decisive victory with 33 percent of the vote. 

Leading up to the election, trans issues had emerged as a dominant focal point as the GOP candidates squared off against each other, with Millerā€™s campaign attacking Morrissey with allegations that he had profited from ā€œthe trans agendaā€ and backed a drug company that ā€œhelps turn boys into girlsā€ when working as a healthcare lobbyist in Washington.  

In one ad that was paid for by a super PAC chaired by his father, Miller said the pronouns used by Morrissey are ā€œmoney-grubbing liberal,ā€ an interesting charge to level at the conservative Republican attorney general of West Virginia (even notwithstanding the fact that those three words are not pronouns but, rather, nouns and verbs.)

Declaring preferred pronouns in workplace email signatures has become commonplace in both the public and private sector, whether for purposes of sending an affirming message to transgender and gender expansive employees and officers or to mitigate the chances that either they or their cisgender counterparts might be unintentionally misgendered. 

The Biden-Harris administration has pushed for agencies to adopt the practice along with other measures and policies to advance the rights and wellbeing of trans and gender expansive employees across the federal government. 

In a 2021 announcement of the U.S. Department of Agricultureā€™s issuance of updated guidance on the agencyā€™s email signature block, Michael Watts, director of civil rights for the U.S. Forrest Service, noted that ā€œThere are plenty of gender-neutral names out there, or names from other cultures that might not give you enough information to know their gender.ā€ 

While the inclusion of pronouns was not made mandatory at USDA, he urged employees to ā€œstrongly consider taking this small but important step toward supporting inclusiveness in the workplace.ā€ 

ā€œThe use of pronouns in our email signatures and getting into the habit of including pronouns in our introductions doesnā€™t really cost us anything,ā€ Watts added, arguing that the move constitutes ā€œa meaningful exchange to others and makes it easier for people to be respectful in how they address each other.ā€

ā€œI just think itā€™s the right thing to do,ā€ he said. 

Official guidance published by the U.S. Office of Personnel Management, which is responsible for administering policies across the U.S. federal civil service, stipulates that agencies should “take steps to provide the option for employees to include the pronouns they use in employee systems and profiles, including email signature blocks, employee directories and employee profiles.”

Some have gone further, such as by adding pronouns to email signatures for all employees, as the U.S. Department of State did in 2023, while others like USDA have established, as official policy, that “employees are encouraged to include their pronouns in the first line of their email signature block (e.g. he/him/his). Signature blocks are a simple and effective way for individuals to communicate their identified pronouns to colleagues, stakeholders, and customers.”

“For example,” the USDA writes, “adding pronouns to signature blocks also has the benefit of indicating to the recipient that you will respect their gender identity and choice of pronouns.”

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