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Between a rock and a hard place on family leave

Council shouldn’t have rushed vote on controversial bill

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John A. Wilson Building, D.C. Council, government, gay news, paid family leave, Washington Blade

The John A. Wilson Building, home to the D.C. Council. (Photo by AgnosticPreachersKid; courtesy Wikimedia Commons)

The D.C. City Council passed one of the nation’s most liberal paid family leave bills. An important step in an advanced society like ours, which should be providing such a benefit. The problem is it passed a flawed bill. Had I been at the table with the mayor, I would have advised a veto but I understand the difficult choice she had. She was placed between the business community, which vehemently opposed the bill, and a progressive constituency that strongly supports the idea. The people who deserve the blame for the situation are the Council members and chair who rushed through a lousy bill in order to get a headline.

The issues with this bill are the same as with any new benefits bill — who will benefit and who will pay? Many large employers don’t have a major issue with the idea of providing paid family leave. If you have hundreds of employees and a few are out on leave for six, eight or even 12 weeks it shouldn’t adversely impact your business. For small businesses having a key employee out for an extended period, and paying them so you can’t afford to hire a temporary replacement, can have a major negative impact on your business.

As CEO of small non-profits for many years I often dealt with this issue. In one instance over a period of 10 years, a staff member had three children. She was an amazing employee and we arranged extended time for her to work from home at full pay with each child; her particular job allowed for that. Having insurance that allowed her to stay home and be paid without working and allowed me to hire a temporary worker may have been a better alternative but it wasn’t available.

The progressive members of the Council get kudos for focusing on this issue. But enacting legislation impacting so many in differing ways shouldn’t be rushed for headlines. While it may take longer getting it right the first time is the better way. This legislation became a political hot potato where if you opposed the existing bill you were considered anti-worker and reactionary. The mayor’s legitimate problems with the bill were ignored by the Council Chair until now. As reported in the Washington Post, “The D.C. Council will begin considering dramatic revisions in the coming weeks to the District’s new law guaranteeing expansive family and medical leave benefits to private-sector workers, Council Chair Phil Mendelson (D) said Friday.” It would have been much wiser to work out those issues before passing a bill.

The mayor had legitimate reasons to oppose the bill. Under the current legislation, the city would have to absorb the cost of setting up a huge new bureaucracy to handle the benefits given in this bill and the majority of people able to take advantage of the benefits don’t live in the city. Because we have no representation in Congress, and our legislation must go through Congress for approval, we have never been able to pass legislation that taxes the income of people who work in the District but don’t live here. It has been estimated the District loses a billion dollars a year because of that.

The Post reported, “In an interview, Mendelson said he was suggesting changes because opposition from local business leaders could hinder the success of the program, which would offer eight weeks of parental leave, six weeks to care for an ailing relative and two weeks of personal sick time — a package that would be among the nation’s most generous. Mendelson’s remarks were an unexpected turn in the District’s efforts to establish paid family leave for all workers.” It also reported, “The benefits would not apply to federal workers or to the 35,000 people employed by the District government.” Mendelson added “he plans to consider alternatives that would shrink the size of the payroll-tax increase and use the money solely to help pay for benefits for employees of small businesses, perhaps through insurance policies.”

Looking at potential alternatives should have happened as the legislation first made its way through the Council. This is major legislation and will make the District a leader in the nation on family leave. There is now an opportunity to make this legislation a model other states and localities can follow.

Peter Rosenstein is a longtime LGBT rights and Democratic Party activist. He writes regularly for the Blade.

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Vote Democratic or July 4, 2025 will look very different

Biden’s debate performance was bad but the sky is not falling

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(Washington Blade file photo by Michael Key)

As we celebrate the founding of our country, we must recognize the election on Nov. 5 could dramatically change how our country looks in the future. We can debate whether Joe Biden is the best candidate for Democrats on the ticket, but reality is, whoever the Democratic candidate is, they must defeat Donald Trump. Trump is a racist, sexist, misogynistic, homophobic pig who was found liable for sexual assault and convicted of 34 felonies. A man who spouts lies every time he opens his mouth. A man who uses Hitler’s words, and said he will be a dictator on his first day in office. A man who said he will seek retribution on any opponent, using the Department of Justice and IRS to do his dirty work. 

Yes, President Joe Biden had a disastrous debate, and many pundits are calling for him to step down as the candidate. They are having a field day doing so, because none of them are involved in the process that would follow. None of them mention the two times in recent history, Democratic presidents chose to not run for a second term, Lyndon Johnson and Harry Truman, a Republican won. This time the Republican alternative is the disgusting, evil, Donald Trump. Even the New York Times editorial board, when calling for Biden to step aside as a candidate, wrote, “If the race comes down to a choice between Mr. Trump and Mr. Biden, the sitting president would be this board’s unequivocal pick. That is how much of a danger Mr. Trump poses.”

The simple truth is Biden feels he can win, and won’t step aside. The only person who could convince him to do so, is his wife, Jill Biden, and she has shown she will not do that. She reminds me a little of Nancy Reagan, who protected her husband when he had issues with cognition. 

What all Americans need to understand, is no American president makes decisions on their own, without massive consultation with advisers. They don’t meet foreign dignitaries alone, but with advisers. And President Biden has shown he has the most incredible group of advisers around him, maybe with the exception of those who prepared him for this debate. 

I have loads of questions for them. If President Biden had a cold as claimed, why didn’t they tell him to begin his first statement of the debate with an apology to the audience. Something like, “I want to take a moment to apologize to the TV audience on how my voice is today, and how it will sound to you. I have a severe cold and will sound raspier, and slower, but of course feeling a little ill would not keep me from being here today.” It could have changed the tenor of the debate. It would not have excused his poor performance, but may have given people a few thoughts in his favor. Then there was the closing two minutes. How is it possible the president wasn’t coached on ending the debate with the issues he has said he believes will win for Democrats: abortion, climate change, and saving democracy? The debate prep team kept him cloistered for a week; seems they could be sued for malpractice. 

Again, it was a disastrous debate for President Biden. But then rather than what the pundits are saying, grassroots Democrats are responding with money. The Biden campaign reported Saturday that it raised $27 million on Thursday and Friday. The hour after the debate ended was its best grassroots fundraising hour since Biden kicked off his reelection campaign, per the Hill

So contrary to the all the pundits, the sky is not falling. Yes, there is a lot more work to do than before the debate. But the focus for all Democrats, and all decent people, must be to ensure we don’t reelect Trump, because of what he would do to our country. How his election would change us. How if he did what he says, and tries to return all decisions on just about everything, to the states, it is not only women who must be scared. It is Blacks, the LGBTQ+ community, every minority; and young people who will live longest with the results of doing nothing to ameliorate climate change. They should all be very scared.

So happy 4th and here’s to hoping Americans are smart enough to vote correctly, and ensure July 4, 2025 will be just as happy. 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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A confused Biden and a deranged Trump

Sad state of affairs after first presidential debate

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

Joe Biden was clearly ready with some facts for this debate, the sad part is he couldn’t articulate them. He sounded raspy, and lost track of what he was saying in the first few minutes of the debate. He did get better as the debate progressed but came off sounding and looking like an old man. For those of us hoping he would sound like he did at the State of the Union, or the speech he gave on anti-Semitism, it was a huge disappointment. 

So, where his campaign goes from here is anyone’s guess. Behind the scenes some Democrats are calling for him to step down as the candidate. But that is much more difficult than it seems at this time. And then, will there be a fight for who the candidate will be. Will it automatically be Kamala Harris, or will it be someone else?  So many unanswered questions over the next couple of weeks.

The only positive take-away for Democrats from the debate was how deranged Donald Trump sounded. He refused to deal with any issue, refused to say he would accept the results of this election, refused to acknowledge climate change, or Jan. 6, and kept saying how the states should control the issue of abortion, and women’s health. Every one of these things should be frightening to so many people. It is clear if Trump is elected, we will have a dictator in the White House, who believes Hitler did good things. His election is scary for women, young people, Black Americans, and the LGBTQ community. If states control issues related to any of these groups, they are screwed. 

One of the very few good lines Biden got across was when he said 40 high-level Trump appointees, members of the Cabinet, and his vice president, have refused to endorse him as they know him best. People need to take their word for how bad he will be should he be reelected. Trump kept talking nonsense and it was hard to keep up with the lies. The moderators didn’t call him on any of it, but CNN has said before the debate they wouldn’t. But then Biden missed so many chances to call him on the garbage he was spouting. I kept hoping he would turn to him and say clearly, “You can’t believe all the BS you are spouting. You sound like a deranged six-year-old and someone who would take our country down the tubes.”

Now I accept the fact Biden speaks more slowly and softly. Though after the debate they said he had a cold. He could have said that at the beginning of the debate, if it was true, and explained his voice to the audience. And while we know he has a stutter, it seemed so much worse during the debate than it normally does. Was it nerves, maybe, but difficult nonetheless for him, and for those listening. We must have compassion for anyone with any kind of a disability. Then one had to ask, was he over-prepared for this debate? Was he so scripted he didn’t dare say anything off script. When he did, they got into this thing about golf handicaps and both sounded so childish. 

Biden did manage to talk about the things he has done, and the successes of his first administration. There have been many. First bringing the country successfully out of the pandemic. He spoke about unemployment being the lowest it has been in decades, and the more than 15 million jobs created since he took office. He was honest about inflation and the fact that not all the economic successes the country is having are trickling down to every American. He understands that rents are high, and grocery bills are still too high. He made clear he wants to raise taxes on the rich and Trump wants to lower them. He had a plan to ensure Social Security would stay solvent, Trump had nothing as usual. 

Finally, I was surprised that in his two-minute closing, Biden didn’t go back to the issues of abortion, climate change, and saving democracy. Did his debate prep team tell him not to? If so, they were wrong. Whether it remains Joe Biden on the ticket, or is someone else, I am 1,000% committed to do everything I can to see Democrats are elected across the board. It is clear to me, and should be to all decent people, electing Donald Trump and his MAGA Republicans, will be the end of our country as we know it today. 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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As fewer anti-LGBTQ bills pass, the fight gets harder

A growing indifference to suffering that is baked into the legal system

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(Photo by Proxima Studio/Bigstock)

In recent years, advocates have faced an unprecedented avalanche of anti-LGBTQ legislation each spring. In 2024, however, the onslaught seems to have faltered somewhat. While hundreds of anti-LGBTQ bills were once again introduced, as many state legislative sessions draw to a close, fewer bills have been enacted into law.

While that may seem like cause for celebration, it’s also cause for concern.

To be sure, the slowdown in anti-LGBTQ legislation is welcome. Beginning in 2020, legislation targeting transgender rights in particular had sailed through state legislatures, with the number and scope of hostile bills increasing each year. Unlike earlier years when one or two prominent anti-LGBTQ bills triggered a national pushback that often chastened lawmakers, hundreds of bills have been introduced during legislative sessions in the last four years, often with little debate or scrutiny, and dozens of them zealously passed into law.

Those bills do real damage when they are enacted, cutting LGBTQ people off from material benefits like health care and domestic violence sheltersrecognition by the state, and equal participation in public life. Even when they fail to become law, they have devastating effects on the mental health of LGBTQ people, throwing their lives into disarray and sapping valuable time and energy from LGBTQ communities. This especially affects children, with more than 90 percent of LGBTQ young people in a recent Trevor Project survey reporting that politics had negatively affected their personal well-being.

But the recent slowdown, far from being a positive signal, may well reflect a growing indifference to the suffering of LGBTQ people that is now baked into the political and legal system. Opponents of LGBTQ rights have normalized hostile rhetoric and enacted draconian laws that seemed unthinkable just a couple of years ago, and even ardent supporters of equality find themselves unsure how they might reverse state laws that unapologetically strip away LGBTQ rights.

If anything, it has become apparent that the damage that has been done since 2020 will most likely reverberate for a generation, and the past year shows that restoring and advancing LGBTQ rights will be a painstaking endeavor.

And one sobering reason for the slowing pace of anti-LGBTQ legislation is that, at this point, many conservative states have already stripped away important rights, particularly for transgender children. As of 2024, half of the states in the U.S. prohibit transgender girls from playing school sports, and half have banned or criminalized at least some forms of medically indicated healthcare.

Put differently, lawmakers aren’t targeting some rights this year because they’ve already eviscerated them.

Yet even as the pace of legislation slows, critical rights continue to be stripped away. According to the ACLU, more than 30 anti-LGBTQ bills have been enacted in 2024 — fewer than the 84 enacted in 2023, but still far too many. Among them, Utah and Mississippi restricted transgender people from accessing bathrooms and locker rooms in public schools and other government buildings.

Lawmakers in Ohio overrode the governor’s veto to ban transgender children from receiving gender-affirming care or playing sports consistent with their gender identity. South Carolina and Wyoming similarly enacted blanket bans preventing transgender children from accessing gender-affirming care.

Many of the bills that have been introduced this year sought to expand existing anti-LGBTQ legislation in new ways. Alabama, for example, successfully expanded its bathroom ban from K-12 schools to colleges and universities. Even those that didn’t pass are in many cases likely to be reintroduced after the 2024 election, particularly if anti-LGBTQ lawmakers increase their showing in state legislatures or if governors who are supportive of LGBTQ rights are no longer positioned to veto hostile legislation.

In many states with anti-LGBTQ legislation, administrative and regulatory agencies are being used to curtail LGBTQ rights even further. Florida offers an instructive example. Even after years of anti-LGBTQ legislation, the Florida Department of Highway Safety and Motor Vehicles took things a step further within its mandate, and decided in 2024 that transgender people could no longer update the gender marker on their driver’s licenses. This echoes recent regulatory crackdowns elsewhere in the United States, from the Texas Department of Family and Protective Services investigating parental support for transgender children as child abuse to school boards across the country stripping away lifesaving resources in schools.

And while many believed that courts would provide a bulwark against discriminatory legislation and regulations, in part because of strong Supreme Court precedent to suggest that anti-transgender discrimination is a form of sex discrimination, that has not consistently been the case. Trial courts have largely found in favor of transgender litigants, criticizing the insufficient justification and discriminatory purpose of anti-transgender laws, but some appellate courts have nevertheless allowed the laws to take effect.

Perhaps most alarming, there are advocates and lawmakers who, if in a position to do so, are eager to carry out an even harsher attack on LGBTQ rights. Project 2025, which a group of conservative organizations has drafted as a roadmap for a second Trump administration, promises an even more draconian attack on LGBTQ rights. This would include rolling back existing nondiscrimination protections for LGBTQ people, reinstating the transgender military ban, and codifying state restrictions on transgender rights at the federal level, in addition to limiting recognition of same-sex relationships.

The anti-LGBTQ backlash may be waning in certain respects — but in other ways, it has only just begun. As we celebrate Pride, LGBTQ people and their allies should be mindful of the need to support those communities whose rights are being eroded, invest in transgender rights organizing, demand that lawmakers prioritize LGBTQ rights, and fight for the independent institutions and protections for basic freedoms that are essential to hold power to account.

Ryan Thoreson is a specialist on LGBTQ rights at Human Rights Watch and teaches at the University of Cincinnati College of Law.

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