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Protesters again demand ENDA passage

Job bias bill remains pending in committee

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Local activists seeking an end to job discrimination against LGBT people protested last week outside the U.S. Capitol, urging Congress to take action on the issue.

Holding signs reading, ā€œI can still be fired for being meā€ and ā€œ1 in 7 LGBTQ face job discrimination,ā€ about one dozen protesters marched along Independence Avenue on May 20 to demand passage of the Employment Non-Discrimination Act.

The bill, pending in committee in both chambers of Congress, would bar job bias based on sexual orientation and gender identity in most private and public workforce settings.

Supporters have said for months they’re expecting imminent action on the bill, but it has yet to move out of committee in either the House or Senate.

Jay Carmona, a D.C. lesbian, led much of the protest by shouting chants into a bullhorn. She said the protest was held because lawmakers made several promises on ENDA and now Democrats are ā€œsilentā€ on those promises.

ā€œThis is something that is really, really important, especially in these tough economic times,ā€ Carmona said. ā€œWe can’t afford longer unemployment lines because people are being fired just because of their gender expression or their sexuality.ā€

Brad Catoe, a gay D.C. resident, said he wants to see ENDA pass because it’s ā€œimportant for everybody to be treated equally under the law.ā€

Catoe, whose partner, Brian Fricke, is a gay former Marine and board member of the Servicemembers Legal Defense Network, said passage of ENDA and repeal of ā€œDon’t Ask, Don’t Tellā€ are particularly important issues for him.

ā€œObviously, ā€˜Don’t Ask, Don’t Tell’ is important to me firstly because my partner was in the Marines, but I think that the Employment Non-Discrimination Act is also very important to our entire community,ā€ Catoe said. ā€œThey’re sort of connected in a lot of ways.ā€

Last week’s protest got the attention of some people working on Capitol Hill. A Democratic aide told the Blade the action alerted several officials in the Cannon House Building, including Rep. Pete Stark (D-Calif.).

Still, it was unclear when the House might take action. Federal lawmakers are taking a week off following the Memorial Day holiday.

Organizing the event was GetEqual, the group responsible for several recent protests and rallies in D.C. and elsewhere that have drawn attention to LGBT issues. Although previous GetEqual events have included arrests, nobody was detained during the May 20 protest.

Heather Cronk, managing director for GetEqual, said last week’s protest was intended to ā€œgive visibilityā€ to LGBT people and their need for workplace protections.

ā€œWhile other groups are lobbying and doing phone calls and doing e-mails, we also make sure that we’re feeling visible in that process,ā€ she said.

Cronk, a lesbian who lives in Riverdale, Md., said passing ENDA is important because LGBT people ā€œare one of the few groups left that are not protected by federal law.ā€

ā€œWe can continue working on a local and a statewide level, but folks in middle states who can be fired for who they are need protection at the federal level, so we’re standing up for those folks today,ā€ Cronk said.

Much of the protest was directed at U.S. House Speaker Nancy Pelosi (D-Calif.). At one point, protesters gathered just outside Pelosi’s office in the Cannon House Office Building and shouted, ā€œNancy Pelosi! We want ENDA!ā€

In an interview with The Hill newspaper last week, Pelosi said she’s supported passage of ENDA for decades and feels the pending bill is strongly positioned, but expressed some uncertainty about moving forward.

ā€œWhen the opportunity is there, we want to bring that up, and I hope that will be soon,ā€ she said. ā€œWe’ll see what people want to do. It’s not my own personal decision. We’ll just see where we go from here.ā€

Supporters of ENDA have expressed concern that opponents could use a legislative maneuver known as the motion to recommit to scuttle the bill when it comes to the floor. The maneuver could force a vote on stripping the gender identity provisions from the legislation.

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U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

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U.S. Supreme Court (Washington Blade photo by Michael Key)

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue ā€œthe storybooks were chosen to disrupt ā€˜cisnormativity’ and ā€˜either/or thinking’ among students.ā€ 

ā€œThe board’s own principals objected that the curriculum was ā€˜not appropriate for the intended age group,’ presented gender ideology as ā€˜fact,’ ā€˜sham[ed]’ students with contrary opinions, and was ā€˜dismissive of religious beliefs,ā€™ā€ according to the petition on the Supreme Court’s website. 

The petition goes further, saying the parents are ā€œnot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ā€˜to change their religious beliefs or conduct.ā€™ā€

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together ā€œadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā€ will participate in the ā€œRally for Inclusive Educationā€ rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

ā€œInclusive education isn’t just a value — it’s a necessity,ā€ said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. ā€œThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā€

The Coalition for Inclusive Schools and Communities says the rally is a ā€œnonpartisan community gathering rooted in education, advocacy, and solidarity.ā€ 

ā€œThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā€ it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

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National

EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality

A4TE formed last year when two transgender rights groups merged

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Rodrigo Heng-Lehtinen (Photo courtesy of Rodrigo Heng-Lehtinen)

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.

The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.

ā€œNow that we’ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, it’s time for me to take my next step,ā€ said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. ā€œWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. I’m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, I’m now ready to move on to my next chapter.ā€  

Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”

“With my background in persuasion and messaging, it’s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”

Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.

ā€œWe thank Rodrigo for his years of dedicated leadership and service,ā€ said Marra. ā€œA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.ā€Ā 

Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.

“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. I’ve always felt deeply supported and heard by him, which is something I value deeply.ā€

ā€œI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle. 

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

ā€œThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā€ said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

ā€œBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā€

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