In Washington D.C. National Lesbian, Gay, Bisexual and Transgender Rights Leaders, Community Members Demand Vote on Employment Non-Discrimination Act

crossposted from www.endanow.com

In Washington D.C. National Lesbian, Gay, Bisexual and Transgender Rights Leaders, Community Members Demand Vote on Employment Non-Discrimination Act
May 17, 2010
tags: Employment Non-Discrimination Act, ENDA, National Week of Action
by endanow

At Tuesday press conference, LGBT rights advocates will highlight congressional inaction on ENDA as part of National ENDA Action Week

WHAT:

Press conference to demand immediate action in both the House and Senate on the Employment Non-Discrimination Act (ENDA), a federal bill prohibiting discrimination based on sexual orientation and gender identity. It is part of a series of nationwide actions this week calling for a vote on ENDA.

WHO:

Rea Carey, Executive Director, National Gay and Lesbian Task Force
Jody M. Huckaby, Executive Director, PFLAG National
Frank Kameny, longtime activist who was fired from his job over five decades ago due to sexual orientation discrimination; 50-plus years later, he is tired of waiting for equality as he turns 85 this week
Mara Keisling, Executive Director, National Center for Transgender Equality
Sharon Lettman, Executive Director, National Black Justice Coalition
Michael Mitchell, Executive Director, National Stonewall Democrats
Gloria Nieto, California resident, former member of the Democratic National Committee, former executive director of the People of Color AIDS Foundation, currently unemployed
Liz Seaton, Director of Projects and Managing Attorney, National Center for Lesbian Rights
Peggy Shorey, Executive Director, Pride at Work
Terrance L., a gay man who has been closeted in previous employment
Donna P., a transgender woman from the Baltimore area who was fired from two jobs

WHEN:

Tuesday, May 18, Noon (ET)

WHERE:

National Press Club, 529 14th Street, N.W., Lisagor Room, Washington, D.C.

WHY:

Lesbian, gay, bisexual and transgender (LGBT) rights advocates have been lobbying for ENDA’s passage for years. There is more support for ENDA than ever before in Congress, growing every day. Congress needs to prioritize ENDA for passage to secure the most basic of civil rights, the right to work, for LGBT people. LGBT rights leaders and community members are demanding an immediate vote on ENDA and are sending a united message to Congress: No more excuses, no more delays: Pass ENDA now.
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Friday State Roundup

TransOhio's February newsletter is available online.

Equality California remembers Lawrence King in the second anniversary of his murder.

Basic Rights Oregon offers an anti-racism toolkit for LGBT equality organizations and activists.

Equality Florida launches the Council of 1000.


And Equality North Carolina tell you how to oppose DADT. read on

Support for Ending DADT From the Most Surprising People

Last week we saw top military officers calling for an end to Don't Ask, Don't Tell. But this week, we didn't expect support from conservative (and generally anti-LGBT) Fox News.
(via Andrew Sullivan's Daily Dish) read on

Morning Around the States

Indiana Equality promotes a Mass Call Out to advertise LGBT resources at Indiana University.

The Tennessee Equality Project's Grand Divisions Blog uncovers opposition to transgender inclusive anti-discrimination policy at Middle Tennessee State University.

Equality Florida covers President Obama's speech in Tampa, supporting equal benefits for same-sex couples.

Empire State Pride Agenda notes the first Congressional Hearing on DADT in 17 years and an analysis of the Prop. 8 trial from Slate.com

Finally Equality California and California Church IMPACT support a bill by state senator, Mark Leno, that allows clergy to refuse to perform same-sex marriages. This bill is expected to reassure those faith communities who are afraid that marriage equality will force them to go against their beliefs. read on

The Gutierrez Bill, Immigration Reform and Our Families

crossposted from the Immigration Equality Blog

Earlier today, Congressman Luis Gutierrez (D-IL) introduced an immigration reform proposal in the House of Representatives that does not include lesbian, gay, bisexual and transgender families. We pushed hard for inclusion in this bill, and we are deeply disappointed. However, I want to be clear: this is not the comprehensive immigration reform package which will move through the House. And, there are many reasons to remain optimistic about our inclusion in CIR down the road.

First, it is important to note that Congressman Gutierrez remains a co-sponsor of the Uniting American Families Act (UAFA) and the LGBT-inclusive Reuniting Families Act (RFA) in Congress. In the weeks and months leading up to the introduction of the Gutierrez bill, Immigration Equality pushed for inclusion of our families. When it became clear that this was not to be, we asked for the Congressman to continue to work for an end to immigration laws that discriminate against LGBT families, and we have every expectation that he will do so.

Second, this bill is not the large-scale, comprehensive immigration reform bill that is expected in Congress early next year. That bill is currently being written, and a number of our champions – including Congressman Jerrold Nadler, Congressman Mike Honda and Senator Patrick Leahy – continue to work to ensure that bill includes our families.

Third, some LGBT families will benefit from other provisions in this bill: for starters, those who have fallen out of status because they cannot be sponsored by their partners; LGBT detainees, who are too often victimized and discriminated against under our current system; those who need a path to citizenship in order to keep their family intact; and queer teenagers who have grown up and come out in this country but who have no future without a change in the law.

Immigration Equality will not rest until Congress passes LGBT-inclusive immigration reform. We continue to push – every day – for passage of the Uniting American Families Act, the Reuniting Families Act and every other possible victory for our families. Our strategy has been – and remains – to pursue every available avenue for success.

The bill introduced today is, for all of us, disappointing. But the immediate future remains hopeful. There are many more steps on our journey together – and in the Congressional process – and we remain confident that, in the end, our champions will stand with us, and immigration reform will include our families, too. read on

Representative Baldwin on Hate Crimes Bill Signed Today

Congresswoman Tammy Baldwin (WI-02) lauds President Obama's signing the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act into law on October 28, 2009. read on

Joint Statement on Hate Crimes Act - History in the Making

It took much too long, more than a decade. And it came at too great a price: the brutal killings of Matthew Shepard and James Byrd, Jr. are just two among the thousands of crimes motivated by hate and bigotry.

But this week, the president put pen to paper and fulfilled a campaign promise, the signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, extending the federal hate crimes statute to include sexual orientation and gender identity along with race, religion, gender, national origin and disability. Our deepest hope and strong belief is that this new law will save lives. Now, lawmakers and the president have made an imperative statement to the country and the world: Our nation will no longer tolerate hate-motivated violence against lesbian, gay, bisexual and transgender (LGBT) people.

We have worked long and hard for this and its passage is historic. According to the Federal Bureau of Investigation’s Uniform Crime Reporting Program, there are nearly 8,000 hate crime-related incidents annually, and more than 1,200 of those incidents involve violence based on sexual orientation or gender identity. And even more alarming, while the overall occurrence of hate crimes is declining nationally, hate crimes against LGBT people have been increasing. This year alone, we saw hate crimes trials in the brutal killings of two transgender women, Angie Zapata and Lateisha Green.

As a result of this legislation, if local jurisdictions are unable or unwilling to investigate or prosecute hate crimes based on sexual orientation or gender identity, the Justice Department can now step in. And that’s why the LGBT community never stopped working for this historic day.

This legislation not only has practical value, but is a symbol of our progress. It is the first time in the nation’s history that Congress has passed explicit protections on the basis of sexual orientation and gender identity. We could not have reached this moment without the powerful support of our allies who stood with us every step of the way. We are deeply grateful to civil rights, civic, faith and disability rights groups, as well as law enforcement and district attorney organizations that worked side by side with the LGBT advocates. We are equally thankful to Congress, President Obama and members of his administration for passing and signing this bill into law.

While today we celebrate this marker of progress, we must recognize it as only one of the building blocks to full equality and demand that it be just a first step toward equal treatment under federal law in all areas of our lives. And we must focus on the next step.

The passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act provides us with an opportunity. We must use this moment to educate and keep the momentum going so that we can continue to make progress on the local, state and federal levels. Yes, legislation takes a long time — often years of work. Yet, our community is on the cusp of passing much-needed protections.

This week, we call upon lesbian, gay, bisexual and transgender people, families and allies to take this opportunity of increased media and public attention on hate crimes to educate co-workers, classmates, neighbors, family members and friends about our lives, and about why we need not only their friendship and love, but their vocal support for a more just and equal America for LGBT people. If your members of Congress voted in support of hate crimes legislation, call them and thank them. Then ask them to be there for us again when the vote turns to workplace nondiscrimination, military service and partnership rights.

With your help and our collective pressure, equality is within reach.

When talking about the need for hate crimes legislation, House Speaker Nancy Pelosi said: “The time for debate is over.”

She was right.

Just as the time has finally come for stronger hate crime protections, it is also time to pass an inclusive Employment Non-Discrimination Act, repeal “Don’t Ask, Don’t Tell” and the so-called Defense of Marriage Act, and ensure that health care, economic policy and immigration reform incorporate the needs of LGBT people.

The time for debate is over.

Signed by:

Jo Kenny, AFL-CIO Pride at Work
Terry Stone, Centerlink: The Community of LGBT Centers
Gabe Javier, Consortium of Higher Education LGBT Resource Professionals
Marianne Duddy-Burke, DignityUSA
Toni Broaddus, Equality Federation
Jennifer Chrisler, Family Equality Council
Evan Wolfson, Freedom to Marry
Lee Swislow, Gay & Lesbian Advocates & Defenders
Rebecca Allison, M.D., Gay & Lesbian Medical Association
Chuck Wolfe, Gay & Lesbian Victory Fund
Eliza Byard, Gay, Lesbian and Straight Education Network
Marjorie Hill, Gay Men’s Health Crisis
Joe Solmonese, Human Rights Campaign
Rachel Tiven, Immigration Equality
Earl Fowlkes, International Federation of Black Prides
Kevin M. Cathcart, Lambda Legal
Leslie Calman, Mautner Project: The National Lesbian Health Organization
Sharon Lettman, National Black Justice Coalition
Kate Kendell, National Center for Lesbian Rights
Mara Keisling, National Center for Transgender Equality
Justin Nelson, National Gay & Lesbian Chamber of Commerce
Rea Carey, National Gay and Lesbian Task Force
Paul Kawata, National Minority AIDS Council
Kyle Bailey, National Stonewall Democrats
Greg Varnum, National Youth Advocacy Coalition
Sharon Stapel, New York Anti-Violence Project
Jody Michael Huckaby, PFLAG National
Aubrey Sarvis, Servicemembers Legal Defense Network
Michael Adams, Services and Advocacy for GLBT Elders (SAGE)
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Historic Hate Crimes Bill Signed Today

President Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. It's taken a decade to get this law passed.Some wonder what difference it will make. NPR reported that one boon to local hate crime laws will be the availability of federal money for investigations. But the effect on states and municipalities without local hate crime laws isn't clear.

Equality Texas has an eloquent blog post up on this law that has been such a long time coming. read on

Is there a Single, One-Stop, Equality for All, Federal Solution?

I’ve been hearing a lot of talk lately about this idea that we should demand a single federal solution for equality. I’ve heard it from donors, I’ve heard it from Equality March organizers, and I’ve heard it from angry lgbt Americans.

Much as that sounds like a great idea, equality is not going to happen that way.

A single federal solution is simply not possible. Here’s why.

1. The separation of powers between the federal and state governments means that states reserve all the powers not granted to the federal government by the Constitution. This means that states hold the power to regulate marriage and family matters, a power upon which the federal government has been loathe to intrude. When the federal government does act, it must rely upon constitutional protections (like equal protection or the right to due process) as grounds for regulating state rules or behaviors. And while the federal government also may use the power of the purse (tying highway funds to higher age limits for buying alcohol, for example), it is unlikely to impose new rules that don’t already have support or precedent in the states.


2. No historical precedent exists. Now, this does not mean that we couldn’t or shouldn’t try to create a new precedent. But it would be an uphill struggle. We could not do it in the courts (where cases are based on actual circumstances of individuals and must generally be limited to the most narrow, specific ruling available to resolve the litigated issues). We would have to do it legislatively. But see #4. Achieving equality for women or black Americans – the movements we most often look to for inspiration – did not happen with the passage of a single law covering voting rights, equal pay, status as property of whites/men, employment discrimination, housing rights, health disparities, and so on. Inequality breeds a whole range of harms, and to try to address all of them in one bill would fail to adequately address each of them. See #3. You think the health care legislation is complex?


3. Politics requires compromise. We may not like it, we may believe that equality should brook no compromise, but the fact remains that political maneuvering for power is how our democracy is implemented every single day. We can rail against it, or we can educate ourselves about how to navigate through the egos and fear tactics and cynicism and favor trading and all the rest so that we can actually achieve the change we seek. We must understand that politicians do not lead, they follow. Demonstrations and marches are important because they increase our visibility and force politicians to think about our issues. But we still have to get votes for our legislation. Unfortunately, the courageous politician is an exceedingly rare creature. Add to that the politics in our own movement. Plenty of folks love or hate particular leaders in the movement (especially those who lead movement organizations), but guess what? Those leaders are simply a microcosm of the larger community and we, too, have intense disagreements about which strategies are best or where we should prioritize the allocation of resources. So compromise is required in our own community in order to move forward.


4. We can’t amend the Civil Rights Act of 1964. This is a proposal I’ve heard many times, and on the face of it I think it’s a great idea. Why wouldn’t we add “sexual orientation” and “gender identity” to a bill that prohibits discrimination based on race, color, religion, sex, and national origin? It’s a brilliant and simple strategy! Unfortunately, it’s really not. The fact is, civil rights laws passed after this great Act have been subject to attempts (many successful) to water down the kinds of protections they provide. So, for example, we have a pretty big religious exemption in ENDA that many of us don’t like but that we know we have to include if we are going to move this bill forward at all. And if we tried to amend the Civil Rights Act, we would certainly see amendments and exemptions to our simple, brilliant proposal that would actually weaken the law. Because of this, some of our strongest allies in the civil rights community could not and would not support us in trying to amend this law. And if leaders in the civil rights community actively opposed us in this approach, we would simply be unable to get the votes we needed to pass our proposal. So – we could try doing this, but it is not really a promising use of our resources or political capital.


5. Existing proposed legislation has momentum now and multiple bills are already lined up for passage. The Employment Non-Discrimination Act is currently moving through Congress and, if we all do our part, it should pass this year. Hate crimes legislation has had a hard road but it will also pass soon. The repeal of Don’t Ask Don’t Tell is inching forward and I expect to see it happen next year, hopefully in the spring. We are actively building support right now for immigration law reforms to end discrimination against lgbt families, as well as laws to extend domestic partner benefits to federal employees and to repeal the Defense of Marriage Act. Even if you think I’m wrong about everything else I’ve said here, this is not the time to abandon legislation that our community has been working on for years.


6. Assuming, for the sake of argument, that we actually could pass an all-purpose federal equality law, we will still need state laws to truly achieve equality. ENDA will be a great step forward for our community, and it will protect millions of American currently protected under no other laws. But it won’t actually cover everyone. Small businesses, for example, will mostly be exempt from ENDA based on the size of their staff. In most states with employment protections, more businesses are required to comply so millions of workers not covered by federal law are actually covered by state law. And even if we repeal DOMA, we still have to get marriage in as many states as we can if we are to have any hope of winning a court challenge to the constitutionality of state DOMA’s. In the American version of government, state and federal legislation may pass independently, but its impact is most often felt in the application of an interconnected web of laws.

In this country, democracy works in something of a circular pattern. Big social issues aren’t tackled first in our nation’s capital. Instead, they bubble up from our local communities, where the harms are closer to home and citizens can work to get their local governments to address those harms. State government action often follows, learning and improving upon strategies already implemented locally, and expanding protections across the entire state. When enough states have addressed a particular issue, the national understanding of that issue will begin to shift, so a critical mass of policy changes or a social tipping point is reached. Then we see the federal government begin to take action. Finally, the action at the federal level will reach back down to the state and local level in places where we have been unable to make local and state policy changes.

Or, a law is passed and the courts must rule it constitutional or not. The legislature may have to take action again. Or litigation is filed, and the outcome of that case may spur action by the voters. That’s the beautiful thing about democracy – there are many approaches we can take to changing public policy. Of course, that means we may also be attacked on any level (witness Kalamazoo, Maine, Washington state, and Congress generally).

My point is simply this. We will not achieve equality by abandoning our work at any level of the political process. We must continue to increase the pressure to achieve the promise of equality under the law at all levels and in all branches of government. There is no magic bullet. Our strategy must be focused while also casting a very large net. And that’s how we will finally achieve equal protection under the law.
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