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3 key Democrats still undecided on ENDA

Republicans say House vote on measure unlikely

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Employment Non-Discrimination Act, ENDA, gay news, Washington Blade
Joe Manchin, Mark Pryor, Bill Nelson, United States Senate, Democratic Party, West Virginia, Arkansas, Florida, Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

Sens. Joe Manchin (D-W.Va.), Mark Pryor (D-Ark.) and Bill Nelson (D-Fla.) are three Senate Democrats who haven’t said how they’ll vote on ENDA. (Photos public domain).

As LGBT advocates ramp up efforts to pass the Employment Non-Discrimination Act, some key U.S. senators this week said they’re still undecided on how they’ll vote on the bill.

Most notable among these holdouts are three Senate Democrats who are not co-sponsors of ENDA ā€” Sens. Bill Nelson (D-Fla.), Joe Manchin (D-W.Va.) and Mark Pryor (D-Ark.) ā€” even in the aftermath of a 15-7 Senate committee vote weeks ago reporting out ENDA to the floor.

Manchin ignored questions from the Blade on how he’ll vote on the bill. His response to the final question: “It’s very nice to meet you.”

Pryor was similarly non-committal. Asked whether he was familiar with the legislation, the senator replied, “I am in concept, but I haven’t seen it or read it yet.”

Asked for a sense of how he’ll vote on ENDA, Pryor said he needed time to review the bill, adding, “I’ll just have to look at it.”

Nelson couldn’t be reached on Capitol Hill for a comment on how he’ll vote on ENDA. In a recent interview with the Tampa Bay Times, the Florida senator reportedly cited the transgender protections in the legislation as an issue of concern.

“There are so many ramifications,” Nelson was quoted as saying. “What is the responsibility of an employer to provide facilities, for example, for someone who dresses, thinks, acts, has had hormone treatments as a woman, but who has not had the operations? Is that person allowed to go into the womenā€™s restroom? There are just a whole host of issues that I haven’t worked through.”

It’s not unusual for senators to refrain from saying how they’ll vote on legislation that isn’t imminently before them. Still, Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) said that he’s expecting a floor vote this fall after August recess.

Tico Almeida, president of Freedom to Work, said the time has come for the holdout Democrats to co-sponsor ENDA because the more time that passes without their support makes them “look sillier and weaker the longer they drag this out.”

“The three holdout Senate Democrats are alienating themselves further from the Democratic Party and ignoring American values of hard work and success with every passing day that they stubbornly refuse to cosponsor the bipartisan ENDA,” Almeida said.

Although the lack of commitment from Pryor and Manchin may not be surprising because they’re among the Democrats who don’t support marriage equality, Nelson’s silence is striking because he supports same-sex marriage. In May 2010, the senator also voted for “Don’t Ask, Don’t Tell” repeal as a member of the Senate Armed Services Committee even before the Pentagon report on open service came out later that fall.

Almeida called on Obama and senior White House officials to take additional action to win ENDA support from Nelson as well as Pryor and Manchin.

“There’s a difference between providing strong leadership and issuing press statements, and LGBT Americans who fear getting fired from their jobs have been waiting for President Obama’s leadership for a long time,” Almeida said. “President Obama, Vice President Biden, Valerie Jarrett, Cecilia Munoz and especially the LGBT staff at the White House should start lobbying Congress to bring home these three holdout Democratic senators.”

Shin Inouye, a White House spokesperson, insisted that White House officials are reaching out to the Senate to ensure a successful floor vote.

“The president is pleased that the Senate HELP Committee, on a bipartisan basis, approved ENDA in July, and we look forward to the Senateā€™s consideration of the Employment Non-Discrimination Act,” Inouye said. “The White House will continue to reach out to lawmakers on this legislation which would enshrine into law strong, lasting and comprehensive protections against employment discrimination on the basis of sexual orientation or gender identity.”

LGBT groups launch campaigns to build ENDA support

Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

(Washington Blade file photo by Michael Key)

Amid attention on these three Democratic senators, the Human Rights Campaign announced on Tuesday evening that it launched a $2 million campaign to work to pass ENDA called “Americans for Workplace Opportunity.”

The steering committee is being billed as a bipartisan group of organizations and consists of the American Civil Liberties Union, the American Federation of Teachers, the American Unity Fund, HRC, the Leadership Conference on Civil & Human Rights, the National Center for Transgender Equality, the National Gay & Lesbian Task Force and the Service Employees International Union.

Heading the campaign will be Matt McTighe, an LGBT activist who most recently was Marriage Project Director for Gill Action after leading the campaign to bring marriage equality to Maine last year.

In a statement, McTighe said the campaign plans to “mobilize the supermajority of diverse Americans” who believe LGBT people should be protected from workplace discrimination.

ā€œWith the tremendously successful mark-up of ENDA earlier this month, we have strong momentum as we build to reach 60 votes on the Senate floor,ā€ McTighe said. ā€œWe will use all of our resources including grassroots action and strong corporate support to make it clear that the American people want action on this bill.ā€

In addition to states represented by Senate Democratic holdouts on ENDA ā€” Arkansas, Florida and West Virginia ā€” the campaign will be engaged in grassroots activities to encourage Republican votes for ENDA in Arizona, Idaho, Indiana, Nevada, New Hampshire, New Jersey, Ohio and Pennsylvania. According to HRC’s announcement, the eight steering committee members represent more than 5.6 million members and supporters.

It’s noteworthy that McTighe’s stated goal with the campaign is “to reach 60 votes” to pass ENDA on the Senate floor. Freedom to Work’s Almeida has been more bullish about ENDA and has projected between and 60 and 65 votes for the bill in the Senate.

At the same time, statewide LGBT advocacy groups in Florida and West Virginia say they’ve met with the respective senators from their states to encourage them to support ENDA.

Nadine Smith, executive director of Equality Florida, said she’s “optimistic” that Nelson will vote in favor of ENDA following a D.C. meeting that her organization ā€” along with transgender activist and former Seal Team 6 member Kristin Beck ā€” had in June with the Florida senator.

“Our team had a great conversation about the importance of protections for LGBT people, and were able to have an honest dialogue with the senator,” Smith said. “The meeting clearly had an impact and we are continuing to work with his staff to keep this on the front burner.”

Casey Willits, a spokesperson for Fairness West Virginia, said his organization has had conversations with Manchin and his staff on ENDA.

“When ENDA is voted on in the Senate, we trust that Sen. Manchin will act on the West Virginia values of hard work and fairness,” Willits said. “I’m sure when Sen. Manchin votes, he will have the story of Sam Hall, a gay West Virginian coal miner, on his mind. It’s our goal to have two senators in the ‘yes’ column for ENDA.”

Internal discussions within the Senate are also underway. A Senate aide familiar with ENDA, who spoke on condition of anonymity, said the five original co-sposors of the bill ā€” Sen. Jeff Merkley (D-Ore.), Tammy Baldwin (D-Wis.), Mark Kirk (R-Ill.), Susan Collins (R-Maine) and Tom Harkin ā€” met recently to discuss a whip strategy for ENDA.

Additional conversations will happen in the next few weeks, the Senate aide said, in anticipation of a Senate floor vote before the end of the year.

The aide also said Merkley met with Sen. Lisa Murkowski (R-Alaska) prior to her “yes” vote on ENDA during the committee vote and also met recently with Sen. Rob Portman (R-Ohio), who’s considered a swing vote on ENDA, to talk about the bill.

Jeffrey Sadoksy, a Portman spokesperson, confirmed that Merkley met with the Republican senator and said the meeting took place last week, but wasn’t able to provide any information on whether Portman would vote for ENDA in the wake of the meeting.

Conversations over scheduling a vote apparently haven’t taken place yet within the Senate Democratic leadership. Senate Majority Whip Richard Durbin (D-Ill.) said he’s unaware of those conversations happening at this time.

“I have not heard any, but there’s strong support for it,” Durbin said. “Sen. Merkley is, I believe, the lead sponsor ā€” at least that was my understanding a few weeks ago. I hope we can schedule this quickly.”

Flake calls trans protections ‘problematic’

As groups push Senate Democrats to vote for ENDA, support from key Republicans is also necessary to surpass the 60-vote threshold needed to end a filibuster in the Senate. Most of the states targeted in the “Americans for Workplace Opportunity” campaign are represented in the Senate by Republicans.

One Republican who’s considered in play is Sen. Dean Heller (R-Nev.). Asked by the Blade about ENDA, Heller initially said he was unfamiliar with the bill.

When the Blade explained the legislation would prohibit job discrimination against LGBT people, Heller said, “I’m against discrimination.” Asked if that means he’ll vote for the bill, Heller repeated, “I’m against discrimination.”

Sen. Kelly Ayotte (R-N.H.) said on Capitol Hill in response to a question on ENDA, “I’m familiar with it, but I haven’t studied it,” and refused to comment on how she’d vote on the bill.

Another Senate Republican ā€” Sen. Jeff Flake (R-Ariz.) ā€” is considered in play because he voted “yes” in 2007 on a gay-only version of ENDA as a U.S. House member. Asked by the Blade about ENDA, Flake recalled that he voted for the measure while serving in the lower chamber of Congress.

But Flake refused to offer a commitment on ENDA this time around, saying the language has changed since 2007 and that he needs to revisit the bill.

“I don’t know if it’s going to go back to the original or not, and so, until I see the language, I can’t tell you,’ Flake said.

When the Blade pointed out that a major difference between the 2007 version of ENDA and the current one is the addition of protections for transgender workers, Flake suggested that could be a sticking point for him.

“I know there were some issues there that came up for employers, so that was problematic,” Flake said. “I’ll have to look at the language and see.”

Flake’s counterpart from Arizona ā€” Sen. John McCain (R) ā€” asserted he was completely oblivious to ENDA. Asked by the Blade if he was familiar with the legislation, McCain replied, “I”m not familiar with it.”

When the Blade explained the bill provides non-discrimination protections for LGBT workers, McCain said, “I have not looked at it. I’m engaged in a whole lot of issues and I haven’t been engaged in that.”

Asked if he could say how he intends to vote on the bill, McCain replied, “No, of course not, because I haven’t looked at it.”

Jeff Cook-McCormac, senior adviser to the newly formed Republican-affiliated American Unity Fund, said his organization is building off work advancing LGBT initiatives throughout the states and in the last few weeks has held conversations with a “wide berth” of Republicans to persuade them to vote for ENDA.

“One of things we’ve learned over the years is not to count people out,” Cook-McCormac said. “As I’m sure you’ve seen with the vote on ‘Don’t Ask, Don’t Tell’ repeal and many of the state legislatures both on marriage and non-discrimination, it’s really not fair to assume that any legislator is hostile to this legislation.”

Sen. Orrin Hatch (R-Utah), among the Republicans to vote in favor of ENDA in committee, said he doesn’t know if his vote would bring along other GOP senators to support the bill as he explained his support for ENDA.

“I don’t believe in discrimination against anybody,” Hatch said. “I do draw the line on marriage, the definition of marriage. I just think that would be a tragic shame to change that. But I don’t like the way some people are treated.”

Even if the Senate approves ENDA, questions remain over the strategy to pass the legislation in the House, where Republican control makes advancing the bill difficult to say the least.

For his part, Hatch was pessimistic about the prospects of the House taking up ENDA even after a successful Senate vote.

“I doubt the House is going to do that” Hatch said. “I really doubt that, but I can’t speak for them either. You never know.”

Cook-McCormac acknowledged that much of the attention that LGBT advocates put on ENDA is devoted at this time to moving the legislation in the Senate.

“Getting the House to move is going to require initial Senate action,” Cook-McCormac said. “I think that the real critical focus for this coalition of business and labor, of the gay community and employers, is building on the overwhelming vote in the Health, Education, Labor & Pensions Committee to get to floor consideration, to get the majority that we need and then to begin to work in a careful and thoughtful way with House Republicans to think through ways that this important measure can be realized.”

UPDATE: This article has been updated to include the quote from Nelson on ENDA in the Tampa Bay Times piece.

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

ā€˜Biden administration is flat wrong on thisā€™

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

ā€œHealth care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

ā€œThe Biden administration is flat wrong on this. Itā€™s wrong on the science and wrong on the substance. Itā€™s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patientsā€”where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitationā€”the entire community is watching.” 

ā€œNo parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,ā€ she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

ā€œThis is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,ā€ said Scott.

ā€œLetā€™s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patientsā€™ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youthā€™s access to the very same care that many cisgender youth receive every year ā€” thatā€™s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.ā€ 

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Members of Congress introduce resolution to condemn Uganda’s Anti-Homosexuality Act

U.S. Reps. Mark Takano (D-Calif.) and Joyce Beatty spearheaded condemnation

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

More than 20 members of Congress on Thursday introduced a resolution that condemns Uganda’s Anti-Homosexuality Act.

Gay California Congressman Mark Takano and U.S. Rep. Joyce Beatty (D-Ohio) spearheaded the resolution that U.S. Reps. Becca Balint (D-Vt.), Lloyd Doggett (D-Texas), Adriano Espaillat (D-N.Y.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Josh Gottheimer (D-N.J.), RaĆŗl Grijalva (D-Ariz.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Gwen Moore (D-Wis.), Seth Moulton (D-Mass.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Mark Pocan (D-Wash.), Delia Ramirez (D-Ill), Linda SĆ”nchez (D-Calif.), Jan Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Rashida Tlaib (D-Mich.), Ritchie Torres (D-N.Y.), and Debbie Wasserman Schultz (D-Fla.) co-sponsored.

“The House of Representatives condemns the government of Ugandaā€™s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ā€˜’promotion of homosexuality,ā€™” reads the resolution.

The resolution, among other things, also calls upon the Ugandan government to repeal the law.

ā€œIt is difficult to overstate the gross inhumanity of Ugandaā€™s Anti-Homosexuality Act,ā€ said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court in April refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists appealed the ruling.

ā€œInstead of focusing on rooting out corruption or ending extrajudicial killings, the Ugandan Parliament, president, and Constitutional Court have chosen to mark LGBTQ+ Ugandans as less than human,” said Takano. “Congress must not be silent in the face of such systematic, state-sponsored discrimination.”

“To all those LGBTQ+ people and your allies in Uganda ā€” we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.ā€ 

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LGBTQ issues absent from Trump-Biden debate

Advocacy groups hoped candidates would address queer topics

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Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

At their televised debate in Atlanta on June 27, President Joe Biden and former President Donald Trump traded barbs on issues from abortion and election integrity to immigration and foreign policy. The 81 and 78-year-old candidates even argued over who is a better golfer.

Absent from the discussion, however, were matters of LGBTQ rights that have animated national politics in this election cycle with the presumptive Republican nominee promising to weaponize the federal government against queer and trans Americans as the president pledges to build on his record of expanding their freedoms and protections.

CNN hosted Thursday’s debate, with the network’s anchors Dana Bash and Jake Tapper moderating. ABC News will run the second debate scheduled for September 10.

The president’s performance was widely criticized as halting and shaky, with White House reporter Peter Baker of The New York Times writing that Democratic Party leaders are calling for him to be replaced at the top of the ticket.

Also setting the tone early into the program was Trump’s repetition of the lie that Democrats are so “radical” on matters of abortion that they “will take the life of a child in the eighth month, the ninth month, and even after birth.”

Biden, meanwhile, laid the blame at his opponent’s feet for appointing three U.S. Supreme Court justices during his term in office who overturned Roe v. Wade’s 51-year-old constitutional protections for abortion.

He also referenced the fallout from that ruling and the extreme restrictions passed by conservative legislators in its wake, arguing that Trump would not veto a federal abortion ban if Republican majorities in Congress were to pass one.

Trump also repeated falsehoods about the 2020 presidential election.

“Will you pledge tonight that once all legal challenges have been exhausted, that you will accept the results of this election,” Bash asked him, “regardless of who wins, and you will say right now that political violence in any form is unacceptable?”

The Republican frontrunner first responded by denying he was responsible for his supporters’ violent ransacking of the U.S. Capitol Building on Jan. 6 2021.

After the CNN anchor pressed him twice to answer the first part of her question, Trump said, “if it’s a fair and legal and good election, absolutely” but “the fraud and everything else was ridiculous.”

“You appealed and appealed to courts all across the country,” Biden responded. “Not one single court in America said any of your claims had any merit, state or local, none. But you continue to provoke this lie about somehow, there’s all this misrepresentation, all this stealing ā€” there is no evidence of that at all.”

The president continued, “And I tell you what, I doubt whether you’ll accept it, because you’re such a whiner.”

Advocacy groups hoped the debate would address LGBTQ issues

Leading up to the debate, advocacy groups urged the candidates to defend their records on and policy proposals concerning LGBTQ rights, with some arguing the discussion would advantage President Joe Biden’s campaign, as reported by The Hill’s Brooke Migdon.

As the community celebrated Pride this month, the Biden-Harris 2024 team made significant investments in paid media and the Out for Biden national organizing effort to court LGBTQ voters, who are expected to comprise a larger share of the electorate than ever before.

ā€œThis will be an enormous slight to our community if LGBTQ questions are not asked during this debate,ā€ GLAAD President Sarah Kate Ellis said. ā€œOur community is deeply affected by where these candidates stand.ā€Ā 

ā€œThe safety and freedom of LGBTQ people depends on your engagement with the candidates and ability to inform voters about their records and proposals,ā€ she said.

Annise Parker, the outgoing president and CEO of the LGBTQ+ Victory Fund, said ā€œI certainly hope that the moderators bring up the LGBTQ community and LGBTQ issues, because there is a stark contrast between the two candidates.”

ā€œI hope we see a substantive conversation on the records of these two men for the fight for a more equal society,ā€ said Brandon Wolf, national press secretary at the Human Rights Campaign.

ā€œA vast majority of people in this country support an America that treats people with dignity and respect; they support an America that prevents people from experiencing discrimination and harm simply because of who they are,ā€ he said.

ā€œThat is where the American people largely are, and I hope we get an opportunity on that stage to see the contrast between these two candidates.ā€Ā 

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