Members and allies of the National Transgender Advocacy Coalition protest outside the National HRC Dinner in Washington, D.C.
Photo Credit: Isis, isisimagery.com |
WASHINGTON, D.C. — At the end of September, U.S. House leaders including openly gay U.S. Rep. Barney Frank (D-MA) and Speaker Nancy Pelosi announced the Employment Non-Discrimination Act (ENDA) would no longer contain protections for transgender Americans.
Their announcement provoked a firestorm of controversy, in-fighting and division among the LGBT community. At the same time, however, the response to the announcement provided a chance for hundreds of national and state LGBT organizations to unite for a transgender-inclusive ENDA.
Citing an unrecorded “Whip count,” or poll, of House members, Frank stated, “it became very clear that while we would retain a significant majority of Democrats, we would lose enough so that a bill that included transgender protection would lose if not amended.”
Frank has proposed a new strategy splitting protections into two different bills — ENDA will proceed with protections for sexual orientation with protections against anti-transgender discrimination placed in a second bill.
“One will be ENDA as it has historically existed, banning discrimination on sexual orientation. A second will add transgender protections to that basic scheme. We will move forward with the ban on sexual orientation for which we finally — after 30-plus years — have the votes,” Frank said.
Leaders and members of national organizations have called for protections for all or protections for none.
In an Oct. 1 press conference, leaders from five advocacy organizations, representing hundreds of other national and state organizations, urged the House to keep the transgender protections.
“It is not a strategy to leave out some of our loved ones,” said Jody Huckaby, executive director of Parents, Families and Friends of Lesbians and Gays (PFLAG), “This is an unaccepatable tactic. PFLAG is strongly opposed to any legislation that leaves out any part of our family and divides our community.”
“We are acutely aware of the compromises and steps that were necessary for civil rights for African-Americans,” said H. Alexander Robinson of the National Black Justice Coalition (NBJC), “Advocates for the rights of women and people of color have had to accept incremental steps for equality. It is unconscionable for us to think that we could support cutting transgender protections from this bill. Now is not the time to retreat, compromise or capitulate.”
During the press conference, Matt Foreman of the National Gay and Lesbian Task Force (NGLTF) was quick to defend Frank, Pelosi and other leaders in response to questions from the media insinuating that Frank and Pelosi no longer supported the entire LGBT community.
“Speaker Pelosi and Barney Frank have been and will be champions of transgender rights as well as all LGBT rights. That is not what we question,” Foreman said, “I think we disagree with a strategic decision that was made. They are traditionally great champions of LGBT rights and I think the dialogue we are now having about our priorities … is one they will take seriously.”
However, a defense of House leaders is not something everyone wants to hear. Robbi Cohn, a transgender activist from Thomasville, N.C., says that she feels betrayed.
“It feels like a knife in my back,” she said.
Cohn said what she hears coming from Frank and other House members sounds less like strategy and more like, “You transgender people have not been fighting long enough to merit inclusion [in this legislation].
“It is important to remember that to the transgender community ENDA is not a whimsical piece of legislation,” she explained, “It addresses real survival issues. To deny transgender people the right to gainful employment amounts to nothing less than a death sentence.”
Under pressure from national, state and local organizations to pass a fully-inclusive version of ENDA, Pelosi, Frank and openly lesbian Rep. Tammy Baldwin (D-WI) released a statement saying they would delay the non-inclusive version.
“After discussions with congressional leaders and organizations supporting passage of ENDA, we have agreed to schedule mark-up of the bill in the Committee on Education and Labor later this month, followed by a vote in the full House. This schedule will allow proponents of the legislation to continue their discussions with Members in the interest of passing the broadest possible bill.”
Foreman praised the decision saying that it moves the community in a “positive direction.”
Although Frank is the primary sponsor of the non-inclusive ENDA and the new transgender-only bill, Baldwin — the only other openly gay or lesbian Congressional member — has not signed on as a co-sponsor with Frank.
The Human Rights Campaign (HRC) stayed silent on the issue for day’s before putting out a statement saying they supported a fully inclusive ENDA but would not actively oppose the non-inclusive version.
“Though we support a fully-inclusive ENDA, we acknowledge the legislative strategy put forth by Congressman Frank and the Democratic leadership to obtain a clear path towards an inclusive bill in the future,” said Human Rights Campaign President Joe Solmonese.
Solmonese reiterated HRC’s more than decade-old support of a fully inclusive ENDA but said, “We are not able to support, nor will we encourage Members of Congress to vote against, the newly introduced sexual orientation only bill.”
Later, Solmonese asked HRC members to write Congress to support a fully inclusive ENDA.
After controversy in the broader community and within the HRC Board of Directors, the organization’s first and only transgender Board member, Donna Rose, announced her resignation.
“It is impossible to remove passion and emotion from what has happened. Indeed, those are the fuels that propel us. That being said please know that this entire situation has affected me deeply and profoundly,” Rose stated to the HRC Board and broader community, “I call on other like-minded board members, steering committee leaders, donors, corporate sponsors, and volunteers to think long and hard about whether this organization still stands for your values and to take decisive action as well.”
Cohn, who served as the Diversity and Political co-chairs of the HRC Carolinas Steering Committee, also resigned from her positions.
“I find I can no longer support an organization which fails to recognize that all persons are deserving of equal opportunity and protection as stipulated by the 14th Amendment of the U.S. Constitution. Opting for expedience is unacceptable. Not having the strength to maintain solidarity is unacceptable. Not standing with your brothers and sisters is unacceptable,” she said in an open letter to HRC.
In Philadelphia, leaders of the LGBT community have called on HRC to think hard about their position or re-think their annual fundraising dinner.
“HRC can no longer expect our support when it continues to act in ways that divide and harm the community,” said the 21 leaders who signed the letter, “If this rift with the rest of the community is not repaired, they will have to reconsider their roles in representing HRC to the Philadelphia region.”
Equality NC (ENC) and Charleston’s Alliance for Full Acceptance (AFFA) were among Carolinas organizations signing on to the letter sent to the House, spearheaded by NGLTF, the National Center for Transgender Equality (NCTE), NBJC and others.
“We need employment discrimination protections that will effectively cover our whole community,” said ENC’s Executive Director Ian Palmquist.
Palmquist also noted that both the House and Senate have passed transgender-inclusive hate crimes legislation.
“There is absolutely no legitimate reason to exclude this category from ENDA,” he said.
The South Carolina Equality Coalition (SCEC) later signed on to the letter with ENC, AFFA and NGLTF. They also released their own statement and action alert saying, “SCEC is committed to the elimination of discrimination based on sexual orientation and gender identity/expression.”
SCEC also noted they and their coalition partners — including AFFA and the South Carolina Gay & Lesbian Pride Movement — “want action on a fully-inclusive ENDA” and “oppose moving forward with any substitute bill.”
Other groups publicly condemning or voicing concerns over the non-inclusive version of ENDA include the Equality Federation, Soulforce, Stonewall Democrats, Transgender Law & Policy Institute, Gender Public Advocacy Coalition, Triangle Foundation and the National Center for Lesbian Rights.
Most national and state LGBT organizations have called for a transgender-inclusive ENDA and have come out in public opposition to the exclusionary version.
At press time, HRC had begun actively suppporting an inclusive ENDA, but had yet to announce opposition to the non-inclusive version. On Oct. 12, Pelosi and other House leaders announced the transgender-inclusive ENDA would be voted on as soon as the necessary political support from other House member had been gained.
The Stonewall Democrats and more than 150 other organizations have launched two related campaigns to keep an inclusive ENDA. Learn more at www.nosubstitutes.org and www.unitedenda.org
— All major updates to this story since press time will be available at www.q-notes.com. |
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