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Would ENDA have a shot as a ‘jobs bill?’

Some see room for movement, others not so sure

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LGBT rights supporters see room for passage of the Employment Non-Discrimination Act in the U.S. Senate during the upcoming Congress — even as Republican control of the House makes final passage of the legislation highly unlikely.

The 2010 elections left the Senate in Democratic control — although by a reduced margin — providing an opportunity for passage in that chamber if certain conditions are met.

A Republican aide, who spoke on condition of anonymity, said passage of ENDA in the Senate is “possible” provided that President Obama strongly advocates for its passage.

“You would need the kind of push that you had behind ‘Don’t Ask, Don’t Tell,'” the aide said.

Mara Keisling, executive director of the National Center for Transgender Equality, said “in theory” the Senate could pass ENDA because Democrats retained control of the chamber, although the conversations haven’t taken place yet about moving the bill forward.

Keisling added that the Senate is in a different position than it was in the previous Congress because it’s no longer trying to pass legislation that is being sent over by the House. With Republican control of the lower chamber, the Senate would be more inclined to vote on its own legislation.

“I don’t think of any us know what the Senate is going to be like this year,” she said. “The Senate wasn’t moving a lot of stuff regularly last Congress, but now that they have a different Democratic caucus, the Senate is now in a different position than they were before.”

Fred Sainz, vice president of communications for the Human Rights Campaign, said the prospects of ENDA passing in the Senate are “unknown” at this stage, but said his organization will continue to pursue all important pieces of legislation in both chambers of the next Congress.

“We think that it is important whether or not there’s Republican or Democrat control of the House that there would be a factual record that those pieces of legislation have been approved with even more co-sponsors in them,” Sainz said.

As it was introduced in the last Congress, ENDA would bar job discrimination against gay and transgender workers in most situations in the public and private workforce. Gay Rep. Barney Frank (D-Mass.) introduced the legislation in the House and Sen. Jeff Merkley (D-Ore.) introduced the bill in the Senate.

The legislation stalled in the last Congress and saw no movement in either the House or the Senate. In the House, there was speculation that opponents would use a maneuver called the motion to recommit on the floor to target the transgender language and derail the legislation. Then-House Speaker Nancy Pelosi said she wouldn’t bring ENDA up for a vote until legislative action was complete on “Don’t Ask, Don’t Tell.”

Entering the early days of the 112th Congress, activists are uncertain about the timeline for moving forward with ENDA the next time around, such as when the bill would be introduced or when hearings might take place. Julie Edwards, a Merkley spokesperson, said the senator plans to reintroduce the legislation, although she said she doesn’t yet “have a sense of timing.”

Whether Senate Majority Leader Harry Reid (D-Nev.) would bring up the legislation for a vote remains in question. Regan Lachappelle, a Reid spokesperson, said the majority leader supports ENDA, but said “Republican cooperation” will be necessary “to do anything.”

“It’s still early right now, so we’re still working on the schedule for this Congress, but it is something that he supports,” she said.

A Democratic aide, who spoke on condition of anonymity, said the possiblity for action on ENDA in the Senate would become more clear following the week on Jan. 24 when Senate leadership makes it decisions on what the legislative priorities will be.

Even if it were passed in the Senate, most observers agree that the new Republican leadership makes passing ENDA highly difficult — if not impossible. Passage in the Senate could be a symbolic vote that would build momentum in a future Congress.

Keisling said the legislation has “zero chance” of making its way to Obama’s desk because of Republican control, citing a recent Washington Blade interview with Frank in which he said there was no chance of passing any pro-LGBT legislation this Congress.

“I never say never, but I can’t imagine the circumstances in which it’ll be signed into law this Congress,” she said.

The Republican aide said just because a clear path to passage doesn’t exist in the House, advocates shouldn’t give up on moving forward in the Senate.

“You have to approach this as kind of putting bricks in the wall,” the aide said. “With hate crimes, we were lobbing it left and right for years … but that also set us up to deal with passing it rather quickly when everything happened because we were able to say it passed the Senate five times.”

Sainz said emphasizing that ENDA is at its core a “jobs” bill could enable it to pick up support in the Republican House.

“From that sense, it should appeal to members of the House — and the Senate for that matter — because it’s really doing nothing more than putting people to work, and if they can’t work, then they’re reliant on government assistance,” Sainz said. “So it should be fairly intuitive to Republicans that this is really a ‘jobs’ measure.”

At the end of the last Congress, ENDA had 45 co-sponsors in the Senate, although former Sens. Roland Burris, Ted Kaufman, Edward Kennedy and Paul Kirk were listed as co-sponsors even though they were no longer in the Senate at the end of last year. Former co-sponsors Arlen Specter, Chris Dodd and Russ Feingold have since left the Senate.

It remains to be seen whether their successors would support ENDA, although new Democrats Richard Blumenthal (D-Conn.) and Chris Coons (D-Del.) would be likely to support the legislation. Sens. Pat Toomey (R-Pa.), Scott Brown (R-Mass.), Ron Johnson (R-Wisc.) support “Don’t Ask, Don’t Tell” repeal and may also support ENDA. The offices of those senators didn’t respond to the Blade’s request for comment.

Kate Dickens, a spokesperson for Sen. Mark Kirk (R-Ill.), said the senator’s positions would be consistent “with his position on it while serving in the House — where he has been a supporter.”

One lingering question is whether a bill that includes protections on the basis of sexual orientation only — excluding the gender identity and expression provisions — would stand a better chance in the Senate or have a shot at passing in the House. In 2007, the U.S. House under Democratic control passed a non-inclusive ENDA that never saw a vote in the Senate.

The Republican aide said discussion about removing the transgender protections is a moot point because activists wouldn’t permit the removal of the legislation.

“They’re not going to, so I don’t even think it’s worth considering,” the aide said. “It’s just not worth saying ‘yes’ or ‘no.’ If it’s going to pass, it’s going to pass with the transgender in it. That’s all there is to it.”

Keisling said she thinks both a trans-inclusive and non-trans inclusive bill would have the same zero chance of making it through the House.

“There’s this weird notion that somehow Congress is fine with gay people,” she said. “It’s just not true. You saw how they tried to lay down in the road over ‘Don’t Ask, Don’t Tell.’ If Congress was so good with gay people, why are 90 percent of the gay congress people closeted?”

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National

TransTech Social removing barriers to trans success

‘Technology was the key to my freedom’

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From left, TransTech members B Hawk Snipes, E.C. Pizarro III, Ang R Bennett, and Adrian Elim. (Photo by Lexi Webster Photography)

It is common knowledge that women earn 84% of the average worker. Less common knowledge? Trans women earn 60% of the average worker. Trans men and non-binary people come in at around 70%, while 16% of all trans people make less than $10,000 annually. 

E.C. Pizarro was lucky, and he knew it. He had a BFA in graphic design and had taught himself how to code. As a stealth trans man in a corporate job, he had access to a stable wage and good benefits. “People that do not have experiences in corporate America or with equitable employment don’t realize [these things] are privileges that a lot of people don’t have access to.” 

He wanted to give back and was gearing up to bring more volunteer work into his life by participating in a fraternity for trans men. When he went to a TransTech event and learned about the educational and career resources for trans people who face barriers to entering the workforce, he knew he had found his place. 

At the event he met, Angelica Ross. Yes, that Angelica Ross, of “Pose” and “American Horror Story.”

Before she was Candy, Ross was a self-taught coder. She went from posing for an adult website to doing its back-end coding to teaching her trans siblings how to succeed in tech. 

“Technology was the key to my freedom,” Ross said in an interview with The Plug. “Technology took me from being exploited on someone’s website to building my own websites and to building websites for other people and getting paid to do so.”

Pizarro was impressed and wanted to help. “I went up to Angelica and I was like ‘Hey, I’m a trans man. These are my skills. I’m down to volunteer and do any type of work—the one caveat is that I’m stealth. You can’t tell anybody that I’m trans.’”

For four years, Pizarro helped from mostly behind the scenes, sometimes getting side-eyed since people thought he was a cis man in trans spaces. “I was still stealth as the Director of Social Media and Communications for the National Trans Visibility March in 2019,” Pizarro says, chuckling a little.

But by that point, Ross — who headlined the 2019 march — was overextended trying to balance being a world-famous actress, advocate, and businesswoman. 

She needed someone to step in as executive director of TransTech and looked to the group of dedicated volunteers. Pizarro was elected by his peers to take the reins of the organization. 

This was a turning point for Pizarro. “I’m very passionate about tech and for me a small sacrifice of being open with my trans experience to liberate other trans people,” he said. “I felt like if that’s something I got to do, then I’m gonna do it.”

And he did it. The infrastructure Ross put together worked: with mentorship, education, community, and networking with trans-accepting employers, trans people were gaining financial security and independence. 

So, Pizarro focused on expanding TransTech as widely as possible. “We have grown exponentially over the last three years,” he says. “When I took over in 2021, we had about 800 members based in the United States. Now we support over 6,700 members across 50 countries.”

TransTech is filling a demonstrated need within specifically the trans community. New research from LGBT Tech found that 68% of transgender adults use the internet to find LGBTQ-friendly employment (compared to 38% of cisgender LGBTQ+ adults). More than 70% of all LGBTQ adults use the Internet to access educational content.

Accessibility is central to the TransTech programming. Despite the growth, everything remains free. “There’s no membership fee. All of our programming is free. All of the certifications and educational resources are free,” Pizarro says. 

They know the financial burden the trans community faces — 29% of trans adults live in poverty. “If we’re asking anyone to up-skill [for a cost] and these are the things they are going through, we are asking them to invest in their future versus their meal today.” 

Pizarro believes that accessibility is more than just making the training free. He wants the community to understand that tech work is something they are innately capable of doing. 

“TransTech was built on the foundation of nontraditional tech. It’s not always coding. It’s graphic design. It’s social media. It’s video editing. It’s anything that uses a piece of technology and nowadays almost everything uses a piece of technology,” says Pizarro.

He emphasizes to participants: “You’re in tech and you don’t even know it,” pointing out how many already utilize tech skills like marketing and monetization with their social media accounts.

Some people involved in the programming are nervous about entering the “tech world” because of headlines about tech layoffs. He makes sure to emphasize that unlike in some other jobs, tech companies often pay generous severance packages, which gives employees “breathing room.” Pizzaro explains that “once you have experience with one tech company, you can go someplace else and make a substantial amount of money as well.” 

While TransTech is designed for the gender-diverse community, the programming is open to everyone Pizarro explains. “We just ask that you don’t be transphobic.” (Or any of the other -phobics too, he says, listing them off.) He also emphasizes that this allows trans members who are not out to comfortably participate. 

Pizarro wants everyone to understand that they don’t just belong in tech, but they make tech better. “Tech is most profitable when you have diverse people building the tech and using the tech,” Pizarro says. “There is an intentional funding as well as support to diversity tech because they understand how that impacts the product.”

He also reminds participants that they have developed transferrable skills in every part of their lives. “I like to tell people if you can manage your life as a trans person in the United States or anywhere you can manage a project.”

Angelica Ross was a self-taught coder before she hit it big with ‘Pose.’ (Washington Blade file photo by Linus Berggren)
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District of Columbia

Fire by arson forced temporary shutdown of Glorious Health Club

Spa and art gallery catering to gay
men expects to reopen in August

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(Photo from Glorious Health Club's Facebook page)

In a little noticed development, D.C.’s Glorious Health Club, which bills itself as a spa, art gallery, and community center catering to gay men, was forced to close on May 19 after one or more unidentified suspects ignited a fire inside the club that D.C. fire department officials have ruled an act of arson. 

Robert Siegel, the club’s owner, told the Washington Blade that he and investigators with the D.C. Fire and Emergency Medical Services Department believe one or more yet unidentified suspects broke into the kitchen of the former warehouse building where the club is located at 2120 West Virginia Ave., N.E.  

According to Siegel, investigators with the fire department’s arson squad believe a flammable liquid was used to start the fire in the kitchen and in two other locations within the building.

“Three separate fires were started,” Siegel said. “They started one on a staircase and one on the upstairs storage area,” he said in addition to the one in the kitchen. He said about 40 patrons were in the club at the time the fire started, and all were able to leave without injury. 

Siegel said the fire caused $500,000 worth of damage to his building, with some of the damage caused — understandably he said — by fire fighters who had to rip open doors and break through the roof to gain access to the flames that engulfed parts of the interior of the building. He said he arranged for repair work to begin after the fire was extinguished.

“I expect we’ll be reopening in about a month from now,” he said. “And we’ll be a bigger and better place.”

Fortunately, Siegel said, most of the artwork and art exhibits located in the club were not damaged.

“It was basically the kitchen, patio, and the roof,” he said, adding that much of the solar panels he had on the roof were destroyed by the fire or by firefighters seeking to gain access to the building. 

“And the fire was so hot it did structural damage to the roof,” he said. “It actually melted steel. We’re talking about 50-foot steel beams that have to be replaced,” he told the Blade. “That’s $100,000 right there.” 

Vito Maggiolo, a spokesperson for the D.C. Fire and Emergency Medical Services Department, said the fire was “ruled incendiary/arson” and is “under active investigation.” 

It could not immediately be determined if one or more people responsible for the fire targeted the Glorious Health Club because it’s a gay community establishment. 

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ‘Ending HIV Epidemic’ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommittee’s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Prevention’s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretary’s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal government’s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 “Instead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,” said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

“While we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,” Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as “policy riders” that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would “block the Biden administration’s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.’  The statement says another policy rider would “prevent policies or programs intended to promote diversity, equality, or inclusion.”

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommittee’s bill and its proposed spending cuts. “The bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,” he said.

“Importantly, the bill pushes back on the Biden administration’s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,” Cole said in his statement. “It also preserves long standing bipartisan policy provisions protecting the right to life.”

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