Tag: LGBT protections

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MIssissippi: Federal Judge Strikes Down Anti-LGBT Legislation HB1523

Judge Carlton Reeves

From the Human Rights Campaign:

Last night, minutes before it was set to go into effect, U.S. District Judge Carlton Reeves blocked the implementation of Mississippi’s discriminatory and harmful H.B. 1523, calling it “a vehicle for state sanctioned discrimination on the basis of sexual orientation and gender identity.”

The bill would stop state and local government agencies from taking action against state employees, individuals, organizations and private associations that deny service based on “religious beliefs.”

In other words, all bigots would have to say is “I’m a Christian – I don’t have to serve gays,” and they get a free card to legally discriminate.

The case was successfully argued by Roberta Kaplan, the civil rights lawyer who argued in front of the Supreme Court of the United States in the landmark case United States v. Windsor.

This ruling effectively blocks the implementation of the unconstitutional law, as LGBT advocates push for full repeal.

From Mississippi Today:

In a blistering opinion that reached into Mississippi’s segregationist past, U.S. District Court Judge Carlton Reeves said House Bill 1523, signed by Gov. Phil Bryant in April, was another unfortunate example of Mississippi trying to write discrimination into its laws.

“Religious freedom was one of the building blocks of this great nation, and after the nation was torn apart, the guarantee of equal protection under law was used to stitch it back together. But HB 1523 does not honor that tradition of religion freedom, nor does it respect the equal dignity of all of Mississippi’s citizens,” Reeves wrote in his opinion.

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Pennsylvania State Rep. Brian Sims Calls

Pennsylvania State Rep. Brian Sims gives an impassioned speech calling for statewide LGBT protections.

From Pennsylvania House Democrats:

Pa. state Rep. Brian Sims stands with Gov. Tom Wolf and other advocates to call on the legislature to pass equal protections for LGBT citizens.

In Pennsylvania, members of the LGBT community can still be denied employment, housing, and other basic rights afforded to others in the general population.

Sims is co-sponsoring the Pennsylvania Fairness Act, H.B. 1510, which would update Pennsylvania’s nondiscrimination law to ensure all residents have equal rights regardless of race, color, religion, ancestry, age, sex, national origin, disability and now, sexual orientation, gender identity and expression.

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Chaos In Congress As Republican Lawmakers Vote Down LGBT Protections

For a brief period of time, House Democrats were celebratory in the belief that they had passed an amendment to a defense authorization bill that would have prevented federal contractors from federal jobs if they discriminate against LGBTs.

But shortly after the vote showed the amendment had passed, the numbers began to change even though it seemed the clock had run out on voting.

Via Politico:

It was an unruly scene on the floor, with Democrats chanting “shame!” after GOP leaders just barely muscled up the votes to reject, 212-213, an amendment by Rep. Sean Patrick Maloney (D-N.Y.) that would have effectively barred federal contractors from getting government work if they discriminate against the LGBT community.

At one point, a monitor in the House gallery showed there were 217 votes supporting the legislation, eliciting cheers of joy from Democrats who thought the measure might actually pass. But over the course of about 10 minutes, those votes suddenly dropped one by one to 212 — and the amendment failed.

A number of lawmakers from western states, who originally voted yes, changed their votes. According to a list tweeted out an hour after the vote by House Minority Whip Steny Hoyer’s (D-Md.) office, they included: Reps. Darrell Issa (Calif.), David Valadao (Calif.), Jeff Denham (Calif.), Greg Walden (Ore.), Mimi Walters (Calif.), David Yong (Iowa) and Bruce Poliquin (Maine). Their offices have not yet responded to request for comment.

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North Carolina Lawmakers Introduce Bill To Replace HB2 With Comprehensive LGBT Protections

The Human Rights Campaign, via press release, shares the news that four North Carolina state Representatives introduced legislation today that would repeal anti-LGBT law HB2 and provide comprehensive LGBT non-discrimination protections.

Today, the Human Rights Campaign (HRC), the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, commended North Carolina Representatives Chris Sgro, Pricey Harrison, Susan Fisher, and Kelly Alexander for introducing a comprehensive LGBT non-discrimination bill in the North Carolina General Assembly. This bill would be a companion to HB 946, sponsored by Representatives Jackson, Meyer, Hamilton and G. Martin, and SB 784, sponsored by Senators Van Duyn, J. Jackson, and Woodard.

“We have always known, and come to understand even more urgently during the HB2 debate, the incredible need for non-discrimination protections for LGBT and other North Carolinians,” said Representative Chris Sgro, one of the sponsors of the legislation. “This bill, along with the repeal of HB2, is the important next step that this General Assembly and Governor McCrory must take in order to make North Carolina a true state of equality and help heal our national reputation.”

The non-discrimination bill introduced today comes after Gov. Pat McCrory said on Fox News’ “On the Record” that he did not believe that companies should be able to fire someone because of who they are or whom they love. Not only does North Carolina lack such explicit statewide LGBT non-discrimination protections, but among other things, HB2 also eliminated the ability of North Carolinians to be able to sue if they experienced discrimination in the workforce, including on the basis of race, religion, national origin and sex.

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Kasich On LGBTs Fighting Discrimination: “Can You Just For A Second Get Over It?”

Ohio Gov. John Kasich, in an interview with CNN’s Dana Bash yesterday, was asked whether he would do anything to stop the current flood of “religious liberty” laws that are targeting LGBTs across the country.

His answer? No.

And in his answer Kasich said, “If you feel as though somebody is doing something wrong against you, can you just for a second get over it?”

Mind you – in Kasich’s homestate of Ohio, you can be fired for being gay.

TJ Helmstetter, spokesman for the Democratic National Committee, issued a statement calling the governor out which read in part:

“John Kasich can’t have it both ways. Either you’re for discrimination, or you’re against it. To tell LGBT victims of discrimination to ‘just relax’ and ‘get over it’ is disrespectful, outrageous, and not the kind of leadership expected from a credible presidential candidate. Kasich can continue trying to put a friendly face on his party’s discriminatory policies, but the fact remains that his own state remains a minefield for LGBT people who can still be fired for being who they are. As governor, Kasich has done nothing to help end discrimination against LGBT employees, and he was the final obstacle preventing marriage equality in Ohio before the Supreme Court’s decision. Trump and Cruz may make a lot of people look reasonable by comparison, but Kasich is no ‘moderate.’ He’s certainly no friend to the LGBT community.” – TJ Helmstetter, DNC spokesperson

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Louisiana Governor Issues Executive Order Protecting State LGBT Employees In Workplace

Louisiana Gov. John Bel Edwards

Today, Governor John Bel Edwards signed an executive order providing employment protections for LGBT state employees and employees of state contractors.

This executive order also prohibits discrimination in services provided by state agencies, and recognizes an exemption for churches and religious organizations.

The Democratic governor also rescinded his Republican predecessor’s order offering protections to people who oppose same-sex marriage.

There is currently no state law protecting LGBT Louisianans from employment discrimination.

“We are fortunate enough to live in a state that is rich with diversity, and we are built on a foundation of unity and fairness for all of our citizens,” said Gov. Edwards. “We respect our fellow citizens for their beliefs, but we do not discriminate based on our disagreements. I believe in giving every Louisianan the opportunity to be successful and to thrive in our state. Our goal is to promote the opportunities we have right here in Louisiana. While this executive order respects the religious beliefs of our people, it also signals to the rest of the country that discrimination is not a Louisiana value, but rather, that Louisiana is a state that is respective and inclusive of everyone around us.”

DNC chair Debbie Wasserman-Schultz issued this statement via press release in support of the governor’s executive order:

“I applaud Governor John Edwards for continuing our party’s strong tradition of equality and protecting all Americans from discrimination. His executive order protecting state workers and contractors from anti-LGBT discrimination will help ensure that LGBT Louisianans have the equal protection under the law they deserve.

“Governor Edwards’ leadership stands in stark contrast to the disingenuous arguments that we’ve heard from Republican leaders in North Carolina, in Mississippi, in Washington, DC, and elsewhere. We have seen Republican Governors cater to the most extreme voices in their party by signing anti-LGBT bills and we’ve seen the Republican National Committee endorse policies that would further target the LGBT community for discrimination.

“Sadly, anti-LGBT measures have become part of the standard Republican playbook. Discrimination is neither a ‘right’ nor a ‘liberty.’ Hatred holds our nation back, and creates divisions where none should exist.

“Governor Edwards’ action today proves once again that the Democratic Party is the party of inclusion, diversity, and respect for all. It’s long past time for the Republican Party to join our efforts to expand equality for everyone.”

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North Carolina: Gov. McCrory Issues Executive Order Protecting State LGBT Employees

This is basically a symbolic gesture that brings little relief to North Carolina’s LGBTs.

North Carolina Gov. Pat McCrory signed an executive order today attempting to do some damage control in the aftermath of his state’s hideous anti-LGBT law, HB2.

The executive order “affirms” that North Carolina state LGBT employees are protected from discrimination in the work place. Private businesses, however, are still free to fire employees for being LGBT.

It also says that “when practicable in the best judgement of the agency,” the state shall provide single occupancy bathrooms for those with “special circumstances.” That would be transgender folks I imagine. Note the “when practicable” and “best judgement” clauses there.

ACLU of North Carolina Acting Executive Director Sarah Preston is underwhelmed:

“Gov. McCrory’s actions today are a poor effort to save face after his sweeping attacks on the LGBT community, and they fall far short of correcting the damage done when he signed the harmful House Bill 2 into law which stigmatizes and mandates discrimination against gay and transgender people. With this executive order, LGBT individuals still lack legal protections from discrimination, and transgender people are still explicitly targeted by being forced to use the wrong restroom.

“An impressive and growing number of businesses, faith leaders, and public figures have come out to condemn House Bill 2 as an unnecessary and dangerous measure that unfairly targets gay and transgender people. Regardless of political affiliation, more and more political leaders also understand that discrimination is bad for business and politically toxic. The public believes in equality and fairness and House Bill 2 and measures like it are out of step with the values of most Americans.

“Efforts to divide the LGBT community by extending limited protections but leaving in place the rules mandating discrimination against the transgender community will only strengthen our resolve to fight back against this discriminatory and misguided legislative action. We call on Gov. McCrory and the North Carolina legislature to repeal House Bill 2 and replace it with full non-discrimination protections for all LGBT people.”

From Rea Carey, Executive Director, National LGBTQ Task Force Action Fund:

“Governor McCrory’s executive order today is too little too late. It is like trying to solve a massive life threatening injury with a small band-aid that doesn’t come close to covering the wound. Complete repeal of HB2 and the passage of comprehensive statewide non-discrimination legislation are the only actions that will provide real, strong protections for all the LGBTQ people of North Carolina.”

Watch Gov. McCrory share the big news below. In addressing the current backlash to HB2, McCrory takes a moment to smack those who protest the anti-LGBT law:

“After listening to people’s feedback for the past several weeks on this issue, I have come to the conclusion that there is a great deal of misinformation, misinterpretation, confusion, a lot of passion and frankly, selective outrage and hypocrisy, especially against the great state of North Carolina. Based upon this feedback, I am taking action to affirm and improve the state’s commitment to privacy and equality.”

You see, all of those who are against the divisive legislation are simply wrong due to our “misinformation, misinterpretation, and confusion.” The problem is our “selective outrage and hypocrisy.”

Riiiiiight.

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North Carolina Legislature Votes To Ban All Local LGBT Rights Ordinances

The North Carolina Senate voted unanimously, 32-0, to pass a bill approved by the House earlier today which bans all cities in the state from enacting LGBT nondiscrimination ordinances.

It also voids all current LGBT rights ordinances on the books in North Carolina, such as the recently passed measure in Charlotte.

The vote took place after all Democrats had left. All Republicans present voted yes.

North Carolina Governor Pat McCrory’s office has announced the governor will sign the bill tonight.

The ACLU issued this statement:

The Charlotte ordinance protected lesbian, gay, bisexual and transgender residents from discrimination in public accommodations including restaurants, hotels, taxis and bathrooms. Among other protections, it allowed transgender men and transgender women to use the restroom that corresponds to their gender identity. HB2, which now goes to Governor Pat McCrory for his signature or veto, removes the ability of any local government to protect people from discrimination on the basis of sexual orientation or gender identity and requires all public facilities, including schools, to allow restroom access only on the basis of “biological sex.” It also jeopardizes the more than $4.5 billion in federal funding that North Carolina receives for secondary and post-secondary schools under Title IX, which prohibits sex discrimination, including discrimination against transgender students.

“Rather than expand nondiscrimination laws to protect all North Carolinians, the General Assembly instead spent $42,000 to rush through an extreme bill that undoes all local nondiscrimination laws and specifically excludes gay and transgender people from legal protections,” said Sarah Preston, acting Executive Director of the American Civil Liberties Union (ACLU) of North Carolina. “The manner in which legislators passed the most extreme anti-LGBT bill in the nation – voting hours after it was unveiled without adequate public debate – flies in the face of fairness and democracy. Legislators have gone out of their way to stigmatize and marginalize transgender North Carolinians by pushing ugly and fundamentally untrue stereotypes that are based on fear and ignorance and not supported by the experiences of more than 200 cities with these protections. Transgender men are men; transgender women are women. They deserve to use the appropriate restroom in peace, just like everyone else. We urge Governor McCrory to veto this extreme, far reaching and misguided bill.”

More than 200 cities, including Myrtle Beach and Columbia, South Carolina, have adopted nondiscrimination ordinances similar to Charlotte’s without negative consequences.

The Twitterverse has responded quickly:

(via Towleroad)

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Missouri Republicans End Democrat-Led Filibuster Over “License To Discriminate” Bill

Missouri state legislature

From St. Louis Post-Dispatch:

After more than 36 hours of non-stop debate, Republicans who control the Missouri Senate shut down a Democrat-led filibuster of a controversial same-sex marriage proposal early Wednesday.

Republicans used a parliamentary maneuver, known as the previous question, to end the blockade, which had put a national focus on a GOP-sponsored measure to shield clergy, wedding vendors and religious organizations from penalties if they oppose same-sex marriage.

The Senate then voted 23-9 to give the proposal preliminary approval. A final vote is expected Thursday before the measure moves to the House for further action. If approved by the House and Senate, the measure will be sent to the ballot for voter approval.

The record-setting marathon ended with anger from Democratic lawmakers and signs of relief from Republicans with a lack of sleep the only common ground between them.

Presidential candidates Hillary Clinton and Bernie Sanders tweeted their support. State Sen. Wendy Davis of Texas — who gained notoriety after her own filibuster in 2013 — also praised the Democrats’ efforts.

Sen. Bob Onder, the sponsor, said the constitutional amendment is necessary so photographers, bakers and others aren’t “commandeered” into participating in same-sex marriages or receptions. The Lake Saint Louis Republican also wants to make sure churches don’t lose any tax benefits they have now if they oppose gay marriage.

If approved by voters, Democrats say it would enshrine discrimination against gays into the state constitution.

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Missouri Democrats Filibuster All Night Against Anti-LGBT Legislation

Democratic state Senators in the Missouri legislature have been up all night in an effort to filibuster SJR39 – legislation that would possible legalize LGBT discrimination in the “Show Me State.”

Many have pointed out the legislation is unnecessary because LGBTs are not protected in the state’s human rights laws. So, it’s already perfectly legal to discriminate against LGBTs in terms of housing, employment, or even wedding cakes.

From the Human Rights Campaign:

Today, HRC praised Missouri Senate Democrats for leading a historic filibuster – now in its 17th hour – to stop Republicans from moving forward with Senate Joint Resolution (SJR) 39 – a measure that could enshrine discrimination against LGBT Missourians and their families into the state constitution.

Still going strong since 4:00 PM CT yesterday, these pro-equality state senators have been vigorously fighting an assault on equality that’s similar to so-called “First Amendment Defense Act” legislation introduced in other states. The extreme resolution would lead to a ballot measure that proposes to allow individuals, organizations, and businesses to use religion as a valid excuse to discriminate against LGBT people.

“These Missouri Senate Democrats working throughout the night to stop this outrageous assault on LGBT Missourians and their families are our heroes,” said JoDee Winterhof, HRC Senior Vice President for Policy and Political Affairs. “This resolution has nothing to do with religious liberty and everything to do with enshrining anti-LGBT discrimination into the Missouri Constitution. We are incredibly grateful for these state senators who are standing up against overwhelming odds to proclaim that hate and discrimination are not Missouri values.”

The filibuster against the anti-LGBT resolution is being led by Democratic Senators Jamilah Nasheed, Jill Schupp, Scott Sifton, Jason Holsman, Maria Chappelle-Nadal, Joseph Keaveny and Kiki Curls.

SJR 39 goes far beyond protecting the right of free exercise of one’s religion. While shrouded in language framed as prohibiting the state government from making funding or tax status decisions based on an organization’s views on marriage that are driven by religious belief, in reality it opens the door to discrimination against same-sex couples, their families, and those who love them.

If voted into law, LGBT people and their families could suddenly find themselves at risk of being denied many basic services. Taxpayer funded foster care providers and adoption agencies could refuse to place children in need of loving homes with same-sex couples. Taxpayer funded homeless shelters could turn away LGBT couples and their families. The legislation would have reckless intended and unintended consequences.

The resolution addresses no real problem in the state as no federal or state law requires religious organizations or clergy to sanction or perform same-sex marriages.

UPDATE: As the filibuster has now passed the 24 hour mark, the Washington Blade’s Chris Johnson follows up with a few more details on the bill.

The law has four parts aimed at allowing religious people and organization to deny wedding services to same-sex couples:

* It prohibits the state from imposing a penalty on a religious organization who acts in accordance with a sincere religious belief concerning same-sex marriage, which includes the refusal to perform a same-sex marriage ceremony or allowing a same sex wedding ceremony to be performed on the religious organization’s property. (A religious organization under the resolution is construed broadly to include religious societies, corporations, schools, social service providers and hospitals.)
* It bars the state from penalizing an individual who declines, due to sincere religious beliefs, to provide goods of expressional or artistic creation for a same-sex wedding ceremony.
* It explicitly doesn’t prevent the state from providing lawful marriage licenses or other marital benefits. Under the resolution, hospitals couldn’t refuse to treat a marriage as valid for the purposes of a spouse’s right to visitation or to make health care decisions.
* It allows individuals protected under this resolution to use the law as a claim or defense in a legal proceeding regardless of whether the state is a party in the dispute.

Governor Jay Nixon of Missouri has also weighed in on the issue: