The second piece of legislation would put into place statewide non-discrimination protections for LGBTQ people.
The third bill would outlaw so-called ‘conversion therapy,’ the dangerous pseudo-science that attempts to change a person’s sexual orientation or gender identity.
And the fourth bill would prohibit the use of the ‘gay panic’ or ‘trans panic’ defense in legal cases which attempts to justify killing or harming someone because of their sexual orientation or gender identity.
“No one should worry that they can’t buy a home because of who they love or be denied a haircut or a hotel room because of their gender identity,” Rep. Vernetta Alston (D-District 29) told the local ABC News affiliate.
Kendra Johnson of Equality NC added, “For too long LGBTQ North Carolinians have lived in the shadow of archaic and outdated laws that impact everyone in our community.”
Lawmakers say they are ‘hopeful’ the bills have momentum to pass, but I’ll note that the Republican-controlled state legislature hasn’t previously given queer people much to believe in.
Like the Equality Act, Stewart says his bill, titled the Fairness For All Act (FFAA), would expand existing federal laws regarding anti-LGBTQ discrimination – but with some HUGE differences.
• Under the FFAA, faith-based adoption agencies would continue to receive federal funds but could refuse to place children with potential LGBTQ parents under the guise of ‘religious freedoms.’
• Similarly, religious schools would be allowed to discriminate against LGBTQ people.
• Additionally, while the Equality Act clearly states transgender people would have access to bathrooms and locker rooms that align with their gender identity, the FFAA is vague on the issue.
• The FFAA would include an exemption that would allow businesses to refuse to serve LGBTQ people if they have fewer than 15 employees.
• While the Equality Act specifies the 1993 Religious Freedom Restoration Act (RFRA) could not be used as a legal defense in court against cases of anti-LGBTQ discrimination, the FFAA would allow religious beliefs to justify discriminatory actions.
"…any store, shopping center, or online retailer or provider of online services that has 15 or more employees…" According to the Small Business & Entrepreneurship Cncl, 89% of firms had <20 employees. Nearly 5 million companies not covered https://t.co/T5aUKXGONb
“It is hard to really love our neighbors when we are fighting with them over whose rights are more important,” said Rep. Stewart in a statement. “This country can accommodate both civil liberties for LGBT individuals & religious freedom.”
Stewart’s bill has 21 Republican co-sponsors but no Democrats signed on to the legislation even though Stewart initially indicated the bill would have bipartisan support.
Zero Dems included in the Fairness for All Act list of 21 original co-sponsors, despite earlier signals from Rep. Chris Stewart it would have bipartisan support. https://t.co/MhIfAOjVro
Rep. David Cicilline (D-RI), the sponsor of the Equality Act, told the Washington Blade that the FFAA would “very clearly be worse than nothing.”
“For the first time in our history, it would actually put in federal statute provisions that permit discrimination against the LGBTQ community,” Cicilline told the Blade. “It would be a tremendous step backward, which is why it’s not supported by any major LGBT organization, all of the major LGBT organizations support the Equality Act.”
“The Stewart bill is a tremendous step backward in our fight for full equality,” added Cicilline.
Rep. Cicilline told me this week the Fairness for All Act would be “worse than nothing” because of the carve outs.
Cicilline added he “would hope” supporters of LGBTQ rights don’t back it when I asked if it was OK for Democrats to co-sponsor.
There better not be any damn democrats who vote for this bullshit!!!🤬 And no, the "Fairness for All Act" is *not* better than nothing. If The Equality Act fails in Senate, we must keep trying. Our #LGBTQ rights aren't up for negotiation or compromise! 🏳️🌈🏳️⚧️ https://t.co/5Hh6ZiU3D9
Just hours after taking the oath of office, President Joe Biden signed 17 executive orders including one prohibiting LGBTQ discrimination in all federal agencies.
The first paragraph of the executive order states, “All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”
The order instructs the head of each agency to “review all existing orders, regulations, guidance documents, policies, program or other agency actions” that prohibit sex discrimination to revise and amend such policies to include banning discrimination on the basis of sexual orientation and gender identity.
The order cites the Supreme Court ruling for Bostock v. Clayton Countywhich was handed down on June 15, 2020. The 6-3 decision found that Title VII of the Civil Rights Act of 1964 protects employees on the basis of their gender identity or sexual orientation because such animus is a form of “sex discrimination” which is clearly prohibited under the Civil Rights Act.
In the seven months since the ruling, the Trump administration chose to not implement the ruling. That inaction was consistent with most of the Trump administration’s policies regarding LGBTQ rights and protections.
President Biden just issued an executive order protecting Americans against discrimination on the basis of sexual orientation and gender identity — a turning point in our fight for equality under the law. https://t.co/fSuxT8dF8w
Biden’s executive order is more expansive than just the Bostock ruling, however.
The order notes that, under Bostock’s reasoning, “laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, the Fair Housing Act, and section 412 of the Immigration and Nationality Act — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.”
Biden also addresses how discrimination can often overlap with other forms of prohibited discrimination including animus based on the basis of race or disability. The language specifically notes that “transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, including fatal violence.”
These protections ensure people like Gerald Bostock, who took his case to the Supreme Court after being fired for expressing interest in an LGBTQ softball league, are able to work without fear of being fired because of who they are or whom they love. pic.twitter.com/YkFHLmQIPW
The executive order is a great start – especially seeing our new president addressing LGBTQ concerns on his first day on the job. But the order will have limitations in that some civil rights legislation doesn’t name sex as a protected class.
That makes the passage of the Equality Act, which would expand all federal civil rights laws to include sexual orientation and gender identity protections.
Biden has promised to sign the Equality Act, which would add LGBTQ protections to existing federal civil rights laws, into law within his first 100 days. But the impending second impeachment trial of Donald Trump may slow things down a bit.
The Senate Judiciary committee, which would oversee the Equality Act bill, is the same committee now tasked with the impeachment proceedings.
Additionally, Senate Democrats will need ten Republican colleagues to vote in favor of the bill since there’s the 60 vote threshold required to close debate and move to a vote.
Jen Psaki, the new White House press secretary, told the Washington Blade that President Biden plans on issuing an executive order in the next few days that would reverse the Trump administration’s ban on military service by transgender Americans.
Other executive orders signed Wednesday reversed Trump’s Muslim travel ban, stopped construction of the Mexico border wall, and rejoining the Paris climate agreement.
President Biden signs first three executive orders in the Oval Office including face mask mandate for federal properties and re-joining the Paris Climate Accord. pic.twitter.com/dtvYm61UF6
With President-elect Joe Biden’s inauguration less than a week away, queer folks may wonder what LGBTQ promises he’ll be able to fulfill in the often-referenced ‘first 100 days.’
On a conference call with LGBTQ leaders prior to the holidays, Biden’s team repeated his intention to order the reversal of the transgender ban on military service on January 20, according to the Washington Blade.
The policy, initiated by President Trump via tweet in July 2017, could take up to a year to fully reverse.
But with cases of COVID-19 surging across the country and an unexpected second impeachment trial of Donald Trump, other legislative goals might take longer than previously thought.
The big ticket item for LGBTQ advocates is the passage of the Equality Act, which would add sexual orientation and gender identity as protected classes to the Civil Rights Act of 1964. The legislation would ban discrimination against LGBTQ people on a federal level.
I want every member of the LGBTQ+ community to know you are loved and accepted just as you are — whether you've come out or not. I'll fight every day in the White House to create a country where you can live open, proud, and free — without fear. #NationalComingOutDay
The bill was passed during the last session of Congress in the House, but Senate Majority Leader Mitch McConnell blocked the legislation from reaching the Senate floor for a vote.
Initially, Biden hoped to have the Equality Act signed into law within 100 days of taking office. And with the Democrats in control of both the House of Representatives and the Senate, passage certainly looks more promising.
But the Senate Judiciary Committee, which would be tasked with handling the legislation, is the same committee that will now have to deal with the impending Trump impeachment trial.
LGBTQ advocates told the Blade that, given the current circumstances, granting Biden some leeway would be understandable.
“I think we’ve gotten the commitments that we expected and hoped for and sought from the Biden team and from legislative leadership, and what that means for us now is holding them accountable, but also understanding that the country, our democracy, and the ability of people to actually live is going to take priority,” one LGBTQ advocate told the Blade.
Others, however, are not so easily assuaged.
“The notion that our government can only focus on one thing at a time isn’t acceptable,” said another activist. “You can’t have the agenda and policy goals that Biden does and not have the process to move faster.”
LGBTQ leaders will probably see the Equality Act brought up for a vote in at least one chamber of Congress as Speaker of the House Nancy Pelosi (D-CA) had indicated she would bring the bill back to the floor during the first 100 days of the Biden administration.
Once the Senate does turn its attention to the Equality Act, another hurdle will be finding at least 10 Republican Senators to support the bill. Sixty votes are required to overcome the legislative filibuster and move to a vote.
Wrangling those votes isn’t an impossibility, but could take time. So far, the only moderate Republican senator to signal support has been Sen. Susan Collins (R-ME). But she might be having second thoughts as the Human Rights Campaign pulled their support for her reelection this fall and endorsed her opponent. Collins has been reported as somewhat bitter over the breakup.
Aside from the trans military ban and the Equality Act, though, Biden will also be able to advance LGBTQ interests through executive orders.
For instance, Biden could sign an executive order directing federal agencies to fully adopt the U.S. Supreme Court’s ruling in Bostock v. Clayton County. That decision found anti-LGBTQ discrimination to be a form of sex discrimination and therefore illegal under existing civil rights law.
One Democratic insider told the Blade that dozens of executive orders have already been drafted, although it’s not clear if the directive to implement the Bostock decision is among them at this point.
Let me be clear: LGBTQ+ rights are human rights — and “LGBT-free zones” have no place in the European Union or anywhere in the world. https://t.co/zc8YvSq6iN
Other LGBTQ campaign promises expected to be addressed in the early days of the new administration include issuing a presidential memorandum prioritizing support for LGBTQ human rights in the first week.
Additionally, Biden promised “on his first day in office” to restore Obama-era guidance to the Department of Education ensuring transgender students having access to bathrooms, locker rooms and sports consistent with their gender identity.
Biden is also expected to name in a White House LGBTQ liaison to help oversee LGBTQ initiatives in the early days of the administration, and as well as a State Department envoy for international LGBTQ rights.
• OUT: One half of the real-life gay couple in that Cadbury ad (above) clapped back at critics of the spot – “I’m sure there would be half as many complaints if it was two ‘beautiful’ cisgendered hetero-looking Caucasian women. Get your act together world: y’all are as hypocritical and uneducated and bizarre as Donald Trump.”
• NowThis News: “Knock the crap out of ’em, would you? I promise you, I will pay for the legal fees” — Watch this report on how Donald Trump has been inciting violence from his supporters for years.
• LGBTQ Nation: An 18-year-old lesbian who says she has been kicked out of her home for being gay has outed her Trump-loving family members who participated in the violent altercation in D.C. last week.
• New York Times: Senate Majority Leader Mitch McConnell has told associates that he believes Donald Trump committed impeachable offenses and that he is pleased that Democrats are moving to impeach him, believing that it will make it easier to purge him from the party, according to people familiar with his thinking.
• NBC News: Michael Sherwin, the acting U.S. attorney for the District of Columbia, and Steven D’Antuono, head of the FBI’s Washington field office, briefed reporters on the sprawling criminal investigation designed to catch those who took part in the violent Capitol insurrection last week. They said that the FBI had opened 160 case files, and that “this is only the beginning.”
BREAKING: DOJ says “we’re looking at significant felony cases tied to sedition and conspiracy,” charges that have prison terms of up to 20 years.
When asked about the U.S. Supreme Court’s landmark ruling that found LGBTQ people are protected by federal employment discrimination laws, Donald Trump told reporters, “I’ve read the decision, and some people were surprised. But they’ve ruled and we live with their decision. That’s what it’s all about. We live with the decision of the Supreme Court. Very powerful. Very powerful decision actually. But they have so ruled.”
You’ll recall during the 2016 presidential campaign, the Donald declared he would be a better friend to the LGBT community than Hillary Clinton. And, as we now know, that’s not turned out to be the case.
Presumptive Democratic presidential candidate Joe Biden was much more uplifting in his remarks, writing in part:
Today’s Supreme Court decision is a momentous step forward for our country. Before today, in more than half of states, LGBTQ+ people could get married one day and be fired from their job the next day under state law, simply because of who they are or who they love. This landmark 6–3 ruling affirms that LGBTQ+ Americans are entitled to equal rights under the law.
This decision is another step in our march towards equality for all. And while we celebrate this victory today, we know that our work is not yet done. As President, I look forward to signing into law the Equality Act, protecting the civil rights of LGBTQ+ Americans, and championing equal rights for all Americans. Happy Pride!
Today’s decision is another step in our march toward equality for all. The Supreme Court has confirmed the simple but profoundly American idea that every human being should be treated with respect. But we’re not done. https://t.co/Bz4SMA9tgb
And, former President Barack Obama tweeted his response: “Today reminds us that progress might be slow. It might take decades. But no matter what things might look like today, it’s always possible. Happy Pride month, everybody.”
Today reminds us that progress might be slow. It might take decades. But no matter what things might look like today, it’s always possible. Happy Pride month, everybody. pic.twitter.com/ey7p2TgEEf
• SCOTUS: I’m still on cloud nine over today’s landmark ruling by the Supreme Court that current civil rights laws prohibit discriminating against LGBTQ people in the workplace. Read my post on the momentous ruling here.
• Instinct Magazine: The Episcopal Diocese of Missouri now officially has a gay Black man in charge. The Rt. Rev. Deon K. Johnson, who is not only Black and gay but also a married Barbadian-immigrant and father of two children, was elected in a landslide of 115 votes out of 164. As the 11th bishop for the diocese, he represents 42 parishes in the Eastern half of Missouri.
• Quibi: The new streaming app premieres its new program from ’60 Minutes’ titled, ‘60 in 6.’ Stories include features, investigations, and profiles in 6-10 minutes. In this episode, Wesley Lowery takes you to Minneapolis to go in-depth, in minutes. Download Quibi here and try it out for two weeks for free.
• Out Music: Heather Mae and Crys Matthews’s new single “6 Feet Apart” showcases the phenomenal talent of the award-winning Mae (who has been described as Stevie Nicks meets Sara Bareilles) and the unique fusion of Matthews’ Americana folk/jazz sound.
In addition to the new single, the duo has announced their LGBTQ+ virtual Pride concert tour, “The Singing OUT Tour,” with dates scheduled throughout the month of June. The concerts will feature not only music but games and giveaways as well.
• CBS News: Donald Trump is expected to sign an executive order on policing Tuesday that aims to accomplish three things — to incentivize police departments to use modernized best practices, to increase information sharing by tracking people who have “excessive” use-of-force complaints, and to address mental health, homelessness, and addiction.
• Philadelphia Inquirer: A Philadelphia court supervisor has been fired after a video surfaced on Monday of him tearing down Black Lives Matter protest signs made by children at a South Philadelphia park.
According to reports, this is a Philadelphia city court supervisor tearing down childrens’ signs saying black lives matter. When the person recording says ‘black lives matter,’ the man responds, ‘Not to me.’ He’s apparently been fired by the city. pic.twitter.com/x3udrMbHNQ