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Meet the 8 House Dems who don’t co-sponsor ENDA

Advocates push to find 218 votes for bill

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Democratic Party, United States House of Representatives, U.S. Congress, Dan Lipinski, Illinois, John Barrow, Georgia, Pete Gallego, Texas, Gene Green, Nick Rahall, West Virginia, Jim Costa, California, Mike McIntyre, Henry Cuellar

Clockwise from top left, Rep. Dan Lipinski (D-Ill.), Rep. John Barrow (D-Ga.), Rep. Pete Gallego (D-Texas), Rep. Gene Green (D-Texas), Rep. Nick Rahall (D-W.Va.), Rep. Jim Costa (D-Calif.), Rep. Mike McIntyre (D-N.C.) and Rep. Henry Cuellar (D-Texas) (Photos public domain)

Amid the push to pass the Employment Non-Discrimination Act, much has been said about the daunting task of advancing the bill against Republican opposition ā€” including from U.S. House Speaker John Boehner (R-Ohio) himself ā€” in the GOP-controlled chamber of Congress.

But the Democratic caucus isn’t unanimous in its sponsorship of the legislation despite a push from the White House and Democratic leaders to advance ENDA. A total of eight Democrats have so far declined to co-sponsor the bill, although at least two said they would vote for it and one has said he’s inclined to vote for it if it comes to the House floor.

The eight Democrats who don’t co-sponsor ENDA are Reps. Dan Lipinksi (Ill.), Jim Costa (Calif.), John Barrow (Ga.), Mike McIntyre (N.C.), Pete Gallego (Texas), Henry Cuellar (Texas), Gene Green (Texas) and Nick Rahall (W.Va.).

Of these eight Democrats, most are from Texas, the largest state without any laws providing non-discrimination protections on the basis of sexual orientation or gender identity.

Chuck Smith, executive director of Equality Texas, said the three Texans who don’t co-sponsor ENDA ā€” Gallego, Cuellar and Green ā€” likely have “a misplaced fear” about opposition to non-discrimination in their districts.

“When Texans go to work each day, they want to be judged on their professionalism, their experience, their performance, and their ability to get the job done,” Smith said. “With hard work, fulfilling their responsibilities, and playing by the rules, they are striving for a fair chance at achieving a piece of the American Dream. And in Texas, fully three-fourths of voters support prohibiting employment discrimination.”

But two of these lawmakers, Gallego and Green, have signaled they would support ENDA if it comes up for a vote on the House floor, even though they have yet to co-sponsor the legislation.

Jose Borjon, a Gallego spokesperson, said his boss “from the beginning” has said “he will vote for ENDA” on the House floor.

ā€œCongressman Gallegoā€™s family has a long history of protecting civil rights and opposing discrimination,” Borjon said. “Like his parents before him, Congressman Gallego is also opposed to any form of discrimination, including discrimination against individuals based on race, color, ethnicity, sexual orientation, gender identity, sex, religion, age, disability or personal beliefs.ā€

Borjon didn’t respond to a follow-up email asking why Gallego won’t co-sponsor ENDA if the lawmaker would vote for the bill.

Green’s office didn’t respond to a request for comment. But according to Hair Balls, a Houston-based political blog, he’ll vote for the legislation if it comes to the House floor.

“I am opposed to discrimination in the workplace, whether based on gender, race, religion, or sexual orientation, and will vote in support of the Employment Non-Discrimination Act when it comes to the House floor for a vote,” Green is quoted as saying.

Cuellar has made no such commitment to voting for ENDA. His office didn’t respond to the Blade’s request seeking comment on the bill.

According to LoneStar Q’s John Wright, Dallas activist Jeff Strater expressed disappointment about a meeting during a Capitol Hill lobby day when he and others sought to discuss ENDA with Cuellar staff and a proposed letter seeking an executive order barring LGBT workplace discrimination.

ā€œWe had an appointment with Henry Cuellarā€™s office last Thursday in D.C. to talk about the letter, ENDA and other LGBT legislation,ā€ Strater was quoted as saying. ā€œThey refused to meet with us in the office for our appointment (unlike other members of Congress) and we met in a busy hallway. The meeting was also with a legislative fellow and not a legislative aide. This was worse than our meeting with Ted Cruzā€™s staff. The sad part is that in our small group we had people with long ties to Cuellarā€™s congressional district and Laredo.ā€

Another Democrat in another state has also signaled he’ll likely support ENDA, even though he hasn’t yet signed on a co-sponsor to the bill.

Jessica Kahanek, a Costa spokesperson, said the lawmaker is still reviewing the legislation, but is “inclined” to vote for the bill should it come to the House floor.

“Rep. Costa is still reviewing the bill and its implications for small business owners before he makes a final decision on co-sponsoring,” Kahanek said. “He is inclined to support ENDA should there be a vote held on the bill.”

Costa supports marriage equality and co-sponsors the Student Non-Discrimination Act, which would bar schools from allowing discrimination or harassment of LGBT students.

One notable House Democrat who doesn’t co-sponsor ENDA is Lipinski, who withholds support for ENDA even though he voted for “Don’t Ask, Don’t Tell” repeal and LGBT-inclusive hate crimes legislation. However, Lipinski opposes same-sex marriage.

Bernard Cherkasov, CEO of Equality Illinois, called on Lipinski to support ENDA as he touted his organization’s work inĀ “building stronger and stronger support” for the legislation among his state’s delegation to Congress.

“Congressman Lipinski represents a district where many employers, community leaders, and clergy members are very vocal about their support for ENDA; and LGBT workplace protections have been the law in Illinois for almost a decade,” Cherkasov said. “In a state with broad bipartisan support for ENDA, we hope that Congressman Lipinski will carry those values to Washington and sponsor ENDA.”

Not helping in the case of Lipinski ā€” as well as Costa and Cuellar ā€” is the fact that they’re Catholic and the U.S. Conference of Catholic Bishops has come out in opposition to ENDA when it came up for a vote in the Senate, saying it threatens religious liberty, would enable legalization of same-sex marriage and rejects the biological basis of gender.

Other House Democrats who don’t co-sponsor ENDA have a history of assuming anti-LGBT positions as members of Congress. Most notable among them are Rep. Nick Rahall (D-W.Va.) and retiring Rep. Mike McIntyre (D-N.C.), the only Democrats who currently co-sponsor a U.S. constitutional amendment that would ban same-sex marriage in the country. Their offices didn’t respond to a request for comment on their position on ENDA.

Another longtime House Democrat who doesn’t co-sponsor ENDA and who was a one-time supporter of a Federal Marriage Amendment is Barrow. Despite voting “yes” on this amendment, Barrow has taken pro-LGBT positions, such as voting in favor of “Don’t Ask, Don’t Tell” repeal. His office didn’t respond to a request for comment on ENDA.

Jeff Graham, executive director of Georgia Equality, said Barrow has assumed more anti-LGBT positions after redistricting, when Barrow’s district was drawn to become more conservative.

“The politics behind this, not that it excuses it, but for the last several times that he has run for office, he has been redistricted into a district that is majority Republican,” Graham said. “And so, he actually has a voting record on LGBT issues, as well as a lot of other issues that are important to many of us, where he did not support them or voted against them. His lack of sponsorship of ENDA is not actually a surprise; it’s a disappointment, but it is not a surprise.”

Graham said getting Barrow to support ENDA would require “an immense grassroots” effort among his constituents, but his organization is prepared to support the Human Rights Campaign in planned field operations to encourage him to back the bill.

Other groups behind ENDA have launched initiatives at the national levelĀ aimed at building support for the legislation as the push to pass it continues. The Senate last year passed ENDA on bipartisan vote of 64-32, so House passage is the only remaining step necessary for approval before it would go to President Obama’s desk.

Tico Almeida, president of Freedom to Work, said boosting the number of ENDA co-sponsors on both sides of the aisle is important “to clearly demonstrate” majority support exists for LGBT workplace protections in the House.

“We think that if a House vote were held today, ENDA would pass with more than 218 votes, but winning over the next batch of co-sponsors would help us prove that definitively to House leadership,” Almeida said. “Reaching 218 supporters would increase pressure on those who have been blocking an up-or-down vote.”

Almeida drew a distinction between co-sponsoring ENDA and merely articulating support, saying pledging a “yes” vote without co-sponsoring the bill is the “second-best option” for lawmakers.

A House Democratic leadership aide, who spoke on condition of anonymity, said the only way to push these lawmakers to support ENDA is for constituents within their districts to ask their members to get behind the bill. The aide said House Minority Leader NancyĀ Pelosi (D-Calif.) personally whipped members to support ENDA, which is why all but eight Democratic members co-sponsor the bill this Congress.

The White House has continually called for passage of ENDA. The White House didn’t respond to a request for comment on whether it has reached out to these eight House Democrats to encourage them to support the legislation.

At a time when DNC is raising money on behalf of Democrats in the 2014 election, the DNC didn’t respond to the Blade’s request for comment on whether House Democrats who don’t co-sponsor ENDA are out of line with principles of the Democratic Party, even though the 2012 Democratic Party platform endorses the bill on the basis that “people should not be fired based on their sexual orientation or gender identity.”

Although eight House Democrats aren’t co-sponsors of ENDA, a sea of Republicans continue to withhold support of the bill in a chamber of Congress where their party holds the majority. Of the 233 Republicans in the U.S. House, only six co-sponsor ENDA: Reps. Ileana Ros-Lehtinen (R-Fla.), Richard Hanna (R-N.Y.), Charles Dent (R-Pa.), Jon Runyan (R-N.J.), Chris Gibson (R-N.Y.) and Michael Grimm (R-N.Y.).

Americans for Workplace Opportunity, a coalition of groups seeking to pass ENDA, have launched a $2 million push aimed at passing ENDA in the House.Ā Much of the money is coming from Republican superdonors Paul Singer and Seth Klarman, who each donated $375,000. Nonetheless, not a single Republican co-sponsor has signed on to ENDA since the start of the campaign last month.

Jeff Cook-McCormac, senior adviser to the pro-LGBT American Unity Fund, nonetheless predicted more Republican co-sponsors of ENDA in the coming days.

“In an authentically bipartisan way, we remain laser-focused on getting to the critical number of 218, demonstrating majority support in the chamber,” Cook-McCormac said.Ā “This much-needed engagement, member-by-member, in thoughtful and respectful conversations about the need for ENDA is what will enable support for the bill to grow, as weā€™ve seen it is a critical element of every successful effort that has advanced freedom for LGBT Americans in our country.Ā  I expect you will see other Republicans indicate their support for ENDA in the weeks and months to come.”

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South America

Peruvian government classifies transgender people as mentally ill

President Dina Boluarte signed decree on May 10

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Government Palace in Lima, Peru (Photo courtesy of the Peruvian government)

The Peruvian government on May 10 published a decree that classifies transgender people as mentally ill.

Human Rights Watch on Wednesday notedĀ the country’s Essential Health Insurance PlanĀ that President Dina Boluarte, Health Minister CĆ©sar VĆ”squez and Economic and Finance Minister JosĆ© Arista signed references “ego-dystonic sexual orientation.” The decree also notes, among other things, “transsexualism” and “gender identity disorder in childhood.

Human Rights Watch in its press release notes the Health Ministry subsequently said it does not view LGBTQ identities as “illnesses.” Peruvian LGBTQ advocacy groups, however, have sharply criticized the decree.

“This decision is an alarming setback in our fight for the human rights of trans people in Peru, and it represents a serious danger to our health and well-being,” said Miluska LuzquiƱos, a trans activist who works with the Latin American and Caribbean Network of Trans People, which is known by the Spanish acronym REDLACTRANS, on her Facebook page.

A lack of legal recognition and protections has left trans Peruvians vulnerable to discrimination and violence.

Luisa Revilla in 2014 became the first trans person elected in Peru when she won a seat on the local council in La Esperanza, a city in the northwestern part of the country. 

She left office in 2019. Revilla died from COVID-19 in 2021.

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Africa

Kenyan advocacy group offers safety tips to LGBTQ hookup app users

Blackmail, kidnappings and assaults are commonplace

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(Bigstock photo)

The growing cases of queer people in Africa becoming victims of blackmail, physical and sexual assault from online hook-ups have compelled a Kenyan LGBTQ rights group to work with the community to help it stay safe when using digital platforms.

Upinde Advocates for Inclusion held a 3-day training from May 11-14 to teach queer people about unsafe social media and dating app hook-up practices that suspected homophobes exploit.

The Mombasa-based group of which Lizzie Ngina is executive coordinator noted lesbian, bisexual and queer women, and gender non-conforming people are the most frequent targets online and on Grindr and other dating apps.

 ā€œLBQ women and GNC persons confront major challenges in terms of digital security and data protection, freedom of expression, assembly, association, speech, privacy, protest and online organizing,ā€ Upinde Advocates for Inclusion stated.

Although the digital platforms were seen as convenient meet-up places for LGBTQ people in overcoming physical anti-gay attacks, Upinde Advocates for Inclusion said anti-gay discrimination, marginalization, gender-based violence, misinformation, and disinformation limits LGBTQ and gender non-conforming people from accessing the social media services. Ā Ā Ā 

Queer people while using dating apps and social media for hookups were, however, urged to first trust their intuition before deciding to have a physical meeting with people with whom they chat online.

ā€œIf it does not seem like someone you are messaging is using their true identity, they probably are not. In this case, do not agree to meet them in person,ā€ Upinde Advocates for Inclusion warned. 

It asked LGBTQ users to ensure the first in-person meeting with someone they met online is in a public place that is queer-friendly and known to them. Upinde Advocates for Inclusion also advised queer people to inform their trusted friends or family about their meeting plans, the place, and how long they expect it will take place in order to ensure someone can intervene if something goes wrong.

ā€œOrganize your own means of transport to and from the meeting, and do not accept a free ride from a stranger,” the group warned. “Also, do not move to a secondary location if you feel unsure during the meeting.ā€ 

Upinde Advocates for Inclusion also warned queer app users to remain sober during the meeting and cautioned against leaving their food or drinks unattended in order to avoid any potential risks associated with spiking.

The National Gay and Lesbian Human Rights Commission, Ishtar-MSM and other Kenyan LGBTQ advocacy groups that offer legal aid to queer people last year reported about 100 cases of blackmail, extortion, physical and sexual assault against their members by suspected homophobes they met on dating apps and social media.

The two organizations this month noted 10 of the cases are expected before courts soon, although they said most victims of anti-gay attacks don’t report them to the authorities because they fear further stigmatization and discrimination. Consensual same-sex sexual relations also remain criminalized in Kenya. 

Targeting the LGBTQ community on digital platforms and dating apps is not unique to Kenya.

The Washington Blade last month reported it is still risky for queer Nigerians to search for a partner or to use gay dating apps infiltrated by homophobes who lure them to meet in-person and then rob or assault them. South African authorities last year arrested four men in connection with the targeting of Grindr users.

LGBTQ Kenyans urged to protect themselves at protests

Upinde Advocates for Inclusion in their workshop taught participants about the signs that suspected homophobes or their associates have compromised their devices. They include unusual activities on their cell phones that include calls with untraced history, disappearing blank messages, blinking screens, high data consumption, devices that overheat when not in use and echo when picking calls and quick battery depletion with minimal use.

ā€œIf you suspect your device is compromised, do not format or reset it, log out all the accounts, find an alternative device to use, change the password for the accounts on the device, and do not connect the gadget to any other devices,ā€ Upinde Advocates for Inclusion warned. 

The group also taught queer people about how they should conduct themselves when taking part in street protests amid anti-gay attacks. Upinde Advocates for Inclusion advised them to always to identify safe alternative routes to and from the protests, wear comfortable running shoes, and always carry a spare outfit that is not LGBTQ-specific.

ā€œIf you are in a group, always strategize on having a meeting point should there be any danger or should you get separated,” the group stated. “Also, try to split up responsibilities among the group so that one person canā€™t be targeted.ā€

Upinde Advocates for Inclusion also urged queer people to always leave a protest before it ends, to have an emergency contact on speed dial or memorize it for immediate help in case of danger and to always to keep in touch with a trusted contact who is familiar with the protest but not attending it. 

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District of Columbia

Meet Jay Jones: Howardā€™s first trans student body president

ā€˜Be the advocate that the child in you needed mostā€™

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Jay Jones (Washington Blade photo by Michael Key)

Jay Jones was born to a conservative Christian family where she said being gay was not socially acceptable. This year, she was named Howard University Student Associationā€™s first transgender president. 

When Jones was younger, she enjoyed activities that are traditionally ā€œfeminine.ā€ She said she has always had a higher-pitched voice, talked with her hands and preferred playing inside with Barbie dolls. 

Jones came out as gay in eighth grade to her sister who said, ā€œGirl, I been knew.ā€ 

ā€œI think that was very much a turning point year for me because it was a year where I kind of knew how I was feeling,ā€ Jones explained. ā€œThere were emotions I felt ever since I was younger, but I never could put verbiage or language to it,ā€ she said.  

That same year, Jones was elected as the first student body president of her middle school. She said that is where her leadership journey began and that year was pivotal in her life. 

When Jones won her first campaign as HUSA vice president, she was feeling unsure about her gender identity after she was asked which pronouns she wanted to use. 

ā€œI said ā€˜I donā€™t really know because I don’t feel comfortable using he/him pronouns because I don’t think that expresses who I am as a person,ā€™ but at that time, I don’t think I was to the point where ā€˜she/herā€™ was necessary,ā€ she said. 

Outside of student government, she was part of a traditionally all-male organization at Howard, Men of George Washington Carver Incorporated. There, she said she always felt like the sister to all of her brothers. 

ā€œI remember I would cringe sometimes when they would call me brother,ā€ she said. 

Even though she felt like she aligned with she/her pronouns she said she was ā€œscaredā€ of what it could mean for her moving forward. 

She knew that her given pronouns were not a reflection of who she was but wasnā€™t sure what to do about it. She was talking with Eshe Ukweli, a trans journalism student who asked Jones a simple question that clarified everything. 

ā€œā€˜If you were to have kids or if your brother or your sister or someone around you was to have kids, what do you imagine them calling you?ā€™ and I realized, it was always ā€˜mom,ā€™ it was always ā€˜sister,ā€™ and it was always ā€˜aunt,ā€™ā€ she said.  

Jones still looks to Ukweli as a mentor who provides her with wisdom and guidance regularly.

ā€œShe knows what it’s like to do hormones, she understands what it’s like to be in a place of leadership and to be in a place of transition,ā€ she said. ā€œThere is no amount of research, no amount of information, no amount of anything that you can take in, that could ever equate to that.ā€

In 2023, Jonesā€™s junior year, Howard University was named the No. 1 most inclusive Historically Black College or University for LGBTQ-identifying students by BestColleges. 

Howard has a storied past with the queer community. In the 1970s, Howard hosted the first National Third World Lesbian and Gay Conference, according to a 1979 Hilltop archive. However, multiple articles in the ā€˜90s highlighted homophobia on Howardā€™s campus.  

ā€œ’There is the feeling … that by coming out there will be a stigma on you,” said bisexual Howard student, Zeal Harris in a 1997 Hilltop interview. 

As a result, multiple LGBTQ advocacy organizations were created on Howardā€™s campus to combat those stigmas. 

Clubs like The Bisexual, Lesbian, and Gay Organization of Students At Howard (BLAGOSAH) and the Coalition of Activist Students Celebrating The Acceptance of Diversity and Equality (CASCADE) were formed by Howard University students looking to create a safer campus for queer students. 

However, Jones didnā€™t know much about this community when she was entering Howard. She recognized Howard as the HBCU that produced leaders in the Black community, like Thurgood Marshall, Toni Morrison, and Andrew Young. 

ā€œThis university has something about turning people into trailblazers, turning people into award-winning attorneys, turning people into change makers,ā€ she said. ā€œI think that was one of my main reasons why I wanted to come here, I wanted to be a part of a group of people who were going to change the world.ā€

So, as she entered her junior year at Howard, she set out to begin her journey to changing the world by changing her school.

This school year she ran for HUSA president, the highest governing position on Howardā€™s campus. She said that this was the hardest campaign she has ever run at Howard and that she warned her team the night before election result announcements that she would start weeping if their names were called. 

ā€œDuring the midst of that campaign season, I was in an internal kind of battle with members of my family not accepting me, not embracing me, calling me things like ā€˜embarrassmentā€™ and not understanding the full height of what I was trying to do and who I was becoming,ā€ she said. 

Jones said the experience was mentally draining and a grueling process but that she leaned on her religion to help her see the light at the end of the tunnel. 

ā€œI’m a very devout Christian and for me, I was like, ā€˜It was nothing but God that got me through, it was nothing but God that got me through this,ā€™ā€ she said. ā€œIf people knew what I went through you would be falling on your knees and weeping too.ā€

Jones said that in high school she had to really work through her relationship with God because she was raised in a church that said gay people were going to hell. So, when she came out as a trans woman she had to re-evaluate the relationship she worked so hard to create with God, again.

She reflected and realized that God didnā€™t use the perfect people in the Bible but that he works through everyone. 

ā€œSo if God can use all of those people, what is there to say that God can’t use the queer? What is it to say that God can’t use trans people,ā€ she said.

After she graduates next year, Jones hopes to work in campaign strategy. She said the ā€˜lesser of two evilsā€™ conversation isnā€™t working anymore for Gen-Zers and wants to pioneer new ways for young voters to engage with politics. 

ā€œReally working on engaging and mobilizing young voters on how to understand and utilize their power, especially as it relates to Black and Brown people,ā€ she said. 

When she became vice president of HUSA last year she said she did it for for all the little Black queer children down South who haven’t gotten their chance to dance in the sun yet.

ā€œIf there was anyone ever coming in who’s trans, the No. 1 piece of advice that I can give you is, be the role model that the inner child in you needed most, be the advocate that the child in you needed most,ā€ she said ā€œAnd most importantly, be the woman that the child saw in you but was too scared to be.

Jay Jones (Washington Blade photo by Michael Key)
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