Last Thursday evening about 6:15 PM ET I received an automated phone call on my personal cell from the Human Rights Campaign (HRC) about ENDA, and if I wished they would automatically put me in touch with my congressperson to ask for his support. Everything went well until the connection was lost before the congressman's office was actually called. There was no call back from HRC.
A few hours later, I received an unrelated call from a congressional staffer who knew that my Congressman, Republican Leonard Lance NJ-7, was an original co-sponsor of ENDA, but there was a clear indication that Lance, as he did with the Mathew Shepard- James Byrd Jr. Hate Crimes bill, would vote with the Republican Bloc on a "Motion to Recommit" (MTR) effectively killing the bill by sending it back to Committee! Supposedly, they would use the "trans" issue as a wedge to minimize transgender inclusion. There are obvious ironies here, but let's look at the facts:
LGBT "friendly" Republicans follow their "Conservative Leadership" First! Back on October 8, 2009, House Republicans led a "Motion to Recommit" attempting to "kill the bill" by sending it back to Committee. Roll call #769 at 3:17 PM barely defeated that move by a vote of 208 - 216 with only Democrats voting to keep the Hate Crimes Bill alive! That means all Republicans voted to kill it! Just seven ( 7) minutes later at 3:24 PM, 44 Republicans flip-flopped after they couldn't break the Democratic Majority, and jumped aboard to vote for the final passage in roll call #770 and the vote was 281- 146 for the first LGBT inclusive federal legislation!
(Here in NJ, the 3 Republicans who flipped and voted "yes" in the final vote to show their "moderate credentials" were Frelinghuysen, Lance, and LoBiondo. As an aside, Leonard Lance, one of the original sponsors who voted to kill the Hate Crimes Bill, joined the festivities at the White House after the bill signing.)
So that brings us to ENDA HR 3017, already watered down to appease the right wing, now faces a crucial and imminent markup and vote. I know I don't have to repeat how important this is... it is jobs ... in most states in the USA you can be fired just for being or being perceived as gay or transgender! So now, what is our ask? Now is the time to get smart and be aggressively focused! Let's expose our "fair-weather" friends. No more excuses!
Here is "my ask" to all the Republicans and wavering Democrats who may vote for ENDA ... Heck, let's ask everyone! Show them we've a little political sophistication!
My "general" ask:
"I'm asking Congressman Lance (or insert your Congressperson) to make sure all LGBT people are included in ENDA, including transgender people just like New Jersey law that has been embraced in our state includes transpeople. I won't accept anything less than support for a fully inclusive ENDA" (with thanks to Steven Goldstein for word-framing)
The technical ask:
1. " Please commit to voting YES on ENDA including supporting the bill and voting against any "Motion to Recommit" (MTR) that minimizes transgender inclusion." (You need my vote; I need yours, and I need you to commit to voting against any MTR negatively affecting transgender people.")
2. Staffer:" you let your boss, my Representative, know that I have made this call/sent this email."
What is extremely interesting is the personal case of Congresswoman Ileana Ros-Lehtinen of Florida, Vice-chair and the "only" Republican member of the Congressional LGBT Caucus. Last month it was revealed that she has a transgender son. In her home state of Florida, there are no statewide LGBT protections of any kind! Will she again vote with the unanimous Republican bloc to kill the bill or strip transgender protections and thus deny her own child Federal employment protections ? Or will she do the just and moral thing and put politics and partisan politics aside for "true family values"?
Or will she follow the lead of Log Cabin "darling" Mary Bono Mack, whose stepson, Chaz, has publically transitioned, heck, and Mack won't even sponsor ENDA!
OK folks, what would the NRA do? Let's not think too long ... Action Now! No more excuses!
Fifty Garden State activists just descended on the nation's capital to lobby our Congressional delegation to pass the Employment Non Discrimination Act and provide LGBT folks with legal protection in the workplace. Presently it's perfectly legal to fire someone for being gay in 29 states. It's worse for transgendered Americans who are unprotected in 38 states. Passing ENDA would make it illegal to an employee based on his/her sexual orientation or gender identity. There are thirteen members of the NJ House delegation and we'll be lobbying all of them (+Lautenberg and Menendez) to vote for equality. In a nutshell, the plan is to "run up the score" with pro-equality votes in places like New Jersey to provide all Americans with the same protections LGBTs have in our state.
Thankfully there is hope that several members of the Jersey GOP House members are considering an equality vote on ENDA, as well. We'll be lobbying them all. Even Scott Garrett.
Today's Jersey ENDA caravan was organized locally by Garden State Equality in conjunction with the National Center of Transgender Equality. You can help by calling your Congressman to tell him the ENDA vote is important to you. Do it tonight and fill their voicemail box with supportive sentiments. Better yet, do it TOMORROW while we're making office visits. The capital switchboard awaits your call at 202-224-2131.
In full disclosure, I once upon a time worked on Rush Holt's campaign staff. But more importantly, I used to live in the congressional district he represents, NJ-12. But not anymore. Screw redistricting. I wanna live in Rush Holt's world again.
This is Holt during today's hearing on the Employment Non-discrimination Act (ENDA) before the House Education & Labor Committee:
The federal ENDA would bar job bias based on sexual orientation and gender identity. It's based on Title VII of the 1964 Civil Rights Act, prohibiting discrimination by employers based on race, gender and religion. ENDA extends those protections to persons, based on sexual orientation and gender identity. There are some exemptions: armed services, veterans' service groups, religious entities, and groups with less than 15 employees.
Thanks for keeping us up to date on ENDA, Babs. I'm calling both Rep. Pascrell and Rep. Adler by the end of the day. Hope I have company - - Rosi
Today, Representative Barney Frank, joined by Reps. Tammy Baldwin and Jared Polis, introduced the Employment Non-Discrimination Act (ENDA), a bill which would protect lesbian, gay, bisexual and transgender employees from workplace discrimination. The bill would add sexual orientation and gender identity to existing federal employment non-discrimination laws
The bill has 121 original co-sponsors including seven from New Jersey. They are Rob Andrews D-1, Frank Pallone D-6, Leonard Lance R-7, Steve Rothman D-9, Donald Payne D-10, Rush Holt D-12, and Albio Sires D-13. Noticeably absent on the bill were both John Adler D-3 and Bill Pascrell D-8.
I would have hoped that ALL the NJ Democrats would have signed on to this. For those folks in the districts where their Congressmen signed on, it would be nice to thank them. I would ask those folks whose Reps did not do so, and especially folks here who have a relationship with Adler and Pascrell, please urge, push them to co-sponsor!
Rob Andrews Leads Historic Hearings on Transgender Discrimination
Andrews' opening statement and Diane Shroer's statement with some red head in the background
Last Thursday I led a contingent of folks from Garden State Equality to attend the first ever Congressional hearings on transgender employment discrimination! The hearings were extremely insightful and for those that actually paid attention, the stories of blatant discrimination against loyal, patriotic and hard working quality professionals was simply mind boggling! For me it was especially satisfying since I played a small part in getting the parties together to enable this, and for the third time in my short political advocacy career, have a Congressman tell me he would take the lead on something and then do so - and do it very well! If for no other reason than holding these hearings, Sub Committee Chair, Congressman Rob Andrews would be deserving of great praise for saying he would and then for doing so!
But he did it so very well! What is impressive is that and he and his staff worked with terrific organizations, NCTE (National Center For Transgender Equality, National Gay and Lesbian Task Force, ACLU, National Center for Lesbian Rights as well as state organizations such as Garden State Equality. The quality of our witnesses and the preparation given to the members of the Subcommittee reflected a high level of professionalism.
I hope you read Jason Springer's post which has the video in which Cong. Andrews slices and dices the Harvard educated lawyer for the religious radical right wing and exposes their argument as pure and simple ugly bias. Rob Andrews became a hero to many an equality loving person! I also very much appreciate that he made mention of me and Angie and Lily who were with GSE
Rob Andrews pressed Lavy on his claims that forcing religious employers to hire transgender workers would be like "forcing an Orthodox Jew to eat pork." Andrews asks whether an Orthodox Jew with a law firm could refuse to hire a Catholic. Lavy is forced to respond in the negative. Andrews then presents a series of similar scenarios - should a pacifist be allowed to discriminate against a Vietnam vet? - and Lavy just looks at him blankly, speechlessly. Andrews is killing him right now and eloquently making the point that the "religious conscience" argument does not hold up to scrutiny. I wish I could type faster or had video! Because this is DELICIOUS. The overflow room is rapt.
But that was only part of the story, and I think the rest of the story needs to be told.
Indeed I was filled with pride to be from NJ with 3 New Jersey Congressmen playing an active positive role at the hearings, especially since only 2 were on the subcommittee. Say what?
The morning started off with a quick meeting with Congressman Rush Holt and some of his senior staff. Rush, from the first time I met him, he has "gotten it" and he never ceases to impress me as well as accord respect.
We then had a formal and productive meeting with Congressman Andrews NJ-1 and his staff prior to the hearings and followed his staff to the committee hearing room. Seeing the long line of people outside queued up for seats we followed his staffer where we waited in the witness room with the witnesses and folks from the national advocacy organizations. (VIP treatment) That was an education seeing the folks behind the scenes that prepped the witnesses and provided education for the Congressmen.... and to see what organizations actually did the work and which took the credit! Special thanks to Becky Dansky the Task Force Federal Legislative Director for her great work with the committee and personal help in untwining my neck pendants so I could look good for the camera when it was focused on Colonel Shroer!
Labor and Education Sub committee Chair Rob Andrews was amazing and he is now a Vice Chair of the newly formed House LGBT Equality Caucus. That caucus was formed as a result of the public outcry to the botched management of the ENDA legislation that was watered down and mutilated (aka SPLENDA) against the will of all but one LGBT advocacy organization. One of the leaders against that SPLENDA was committee member Rush Holt NJ-12 was and continues to be a champion for full LGBT rights and is a member of the LGBT Equality Caucus. Rush Holt made a very positive statement, but had to leave early for his own subcommittee hearing. Rush was my first Congressional Hero... "Rush rocks!"
The surprise was Cong. Donald Payne, who was a member of the overall committee, but not Andrews subcommittee, who was there for the proceedings. He asked to speak and was positive and productive and made a passing reference to our GSE meeting last fall in his Newark office as we "educated him Jersey Style". I think I glowed! That was impressive and if we can get his leadership on this as a member of the Congressional Black Caucus (CBC), it would help insure success in the next Congress.
One of the problems was that the CBC was not behind transgender inclusion, especially some members in the South. I made sure I introduced Angie to him as she is a constituent, and said to him that when we are in Denver, I would introduce him to Marisa Richmond, an African American transwoman who is a Clinton delegate from Tennessee. (Yeah, and she is a Harvard educated college professor and grassroots activist)
Although the reporter didn't mention me, I introduced her to Lily who told her story that proved to be a nice counterbalance to distorted article and I think helped Andrews.
It was good day! The next afternoon Congressman Rush Holt called me, apologized for leaving early, and we did a post mortem, we agreed the hearings went as well as possible. YAYY!
A new Washington Blade article covers the latest incarnation of the discriminatory Federal Marriage Amendment, which would enshrine discrimination into the U.S. Constitution. U.S. Rep. Paul Broun (R, GA-10) managed to get 29 co-sponsors for the bill, and we here in NJ-5 were disappointed, if not at all surprised, to see that Rep. Scott Garrett signed on, making him one of only two Northeastern co-sponsors.
I hope everyone found their way from yesterday's News Round-up into the NYT article on LBGTI Newark. If you didn't, you missed a great (and terrible) story - read it now, here:
Since before the murder of Sakia Gunn, there have been LBGTI activists trying to stanch the metaphorical and actual bleeding of Newark's sexual minority youth. But even with the attention Sakia's passing shown on the situation in Newark (far far less than the light Matthew Shepard's murder still shines upon hatred and discrimination in America), almost nothing in Newark has changed in Newark since May 11, 2003. Sharpe James is gone - and that is a good thing for gay Newark. But there's still much to be done.
Cited in the NYT article is my friend Gary Paul Wright. Gary Paul (he is from Texas, where many people have two names, go figure) started the African American Office of Gay Concerns in Newark a few years ago-it is the longest running 501(c)3 working with gay youth in Newark. In the aftermath of Sakia's murder, an attempt was made to start the Newark Pride Alliance and a chapter of P-FLAG - both efforts failed IMHO because their missions were immediately lost in a wave of ego-driven politicization. A revitalized Newark Pride Alliance will have learned much from the original attempt, I'm sure. But Gary Paul and the AAOGC has simply, quietly continued to do what he can with the resources he has available. Which aren't much.
I'm hoping that here in the season of giving some of Blue Jersey's readers can write a small check to the AAOGC. Much of this goes to very simple things - for instance, McDonald's gift certificates, so that kids living on the street can eat. (In fact, if you've got any of those certificates you don't want or need, send them!)
African American Office of Gay Concerns
877 Broad St. Suite 211
Newark, NJ 07102
Gary Paul is also a fabulous singer-songwriter and performer in the vein of '60s activists like Richie Havens, and he's available for events, weddings, bar mitzvahs, whatever. Proceeedds from his performances go to the AAOGC. Buy his CD for $5 and if you like it (you'll like, I promise) have him at your next candidate house party or barbecue. See http://www.aaogc.org...
In the 107th Congress, Mike Ferguson cosponsored the Employment Non-Discrimination Act. Yesterday, in the 110th Congress, he voted against it.
If you'll recall, Ferguson has also changed his position on hate crimes twice since his first term. While campaigning for Congress in 2000, he supported including sexual orientation in hate crimes laws, and he cosponsored the Local Law Enforcement Hate Crimes Prevention Act in 2001. In 2005, he voted against covering sexual orientation under federal hate crime laws. Then, earlier this year, he voted for the same bill he supported in 2000 and 2001 but opposed in 2005.
Ferguson has abandoned all principle on LGBT issues, voting half the time to please his right-wing donor base and half the time to mollify his mostly moderate constituents. His vote yesterday placed him far to the right of the New Jersey mainstream; last year just 10 of 120 state legislators voted against banning employment discrimination based on gender identity or expression. For someone who likes to talk up his "moderate" record during general election season, that's pretty pathetic.
The state's congressional delegation split on their support of the Employment Non-Discrimination Act, but not along party lines. All Democrats except Rush Holt voted in favor of the legislation, and they were joined by Republicans Rodney Frelinghuysen, Frank Lobiondo and James Saxton. As he explained during a floor speech earlier today, Rush Holt voted against the bill because it was stripped of transgender protections and did not go far enough in protecting workers' rights.
Rush Holt took to the House floor today to speak in favor of an Employment Non-Discrimination Act that includes protections for the transgender community - protections already provided by New Jersey law.
Today, we announce our support for Rep. Tammy Baldwin (D-Wis.) in her effort to amend Employment Non-Discrimination Act (ENDA) in the US House to include gender identity protections. The bill, sponsored by Rep. Barney Frank (D-MA) included protections for transgendered people in addition to lesbians, gays and bisexuals, but these protections were stripped in a political calculation to move the bill forward. New Jersey already offers these protections to the LBGT community. It's time to expand them to the nation.
We believe that an ENDA bill without protections for the transgendered is a weak bill that sacrifices a portion of the LBGT population for no reason. The complete bill has significant support in the House and Senate, and will be vetoed by President Bush regardless of what is included.
The removal of transgendered protections makes no difference in the end result for ENDA in 2007, but the inclusion makes a strong statement that all members of the LBGT community, like all human beings, are deserving of protections from discrimination. When the bill passes Congress with full protections it will make it more likely that when a new President is elected, one who represents and believes in freedom and equality for all Americans, that a complete ENDA will become the law of the land.
However, passage of the weakened ENDA in 2007 makes it harder to include these protections in future bills in a more favorable environment. Over the history of efforts to legislate protections for the LGBT community, protections for sexual identity have lagged behind protections for sexual preferences, and the delay is unacceptable.
Unfortunately, members of the House leadership have chosen to shelve the Baldwin amendment, fearing it may endanger newly won Democratic seats in Congress. We believe that's a red herring; there is no political strategy more patriotic than standing up for the time-honored American values of freedom, justice, and equality.
Now is the time to show real leadership to achieve real equality. Now is the time to answer the critical question: will we stand up for what is right? Or will we back down to the right-wing smear machines that peddle hate and intolerance?
Blue Jersey calls on all New Jersey House members to support the Baldwin Amendment-- to support bringing it to the floor and to vote for its passage. All 13 members of our delegation speak often about their belief in freedom and equal rights when campaigning for office.
It's time for them to match their votes to their rhetoric.
Chatting with Congressman Rush Holt the other day left me with the impression that the House leadership (and committee chiefs) are being a bit squishy with our civil liberties. Cases in point: FISA and this week's ENDA debate.
"There is no question that discrimination based on sexual orientation is occurring in the workplace. Like all forms of discrimination, it is wrong and it is our goal today to examine a solution,"
-- Rep. Rob Andrews New Jersey is one of only nineteen states where it's illegal to fire someone because they are gay. (Likewise it's verboten to refuse employment based on sexuality.) Tran-folk have even less protection, with only ten other states besides New Jersey extending similar protections. Good news for us, bad news for (most of) the rest of America.
Those stats underscore the timeliness of today's Employment Non-discrimination Act ("EDNA") hearings in the House Labor and Employment subcommittee, chaired by our own Rep. Rob Andrews.
(For those of you who don't remember, Rep Andrews was steadfast on making workplace protections for GLBTs a top Federal priority in a podcast with Blue Jersey just weeks before last November's election.
If the Democrats take the house, Andrews promised, gays and lesbians in the rest of the nation should expect similar job security as their New Jersey counterparts.)
I'm comfortable predicting that there is more than just symbolic importance to the ENDA issue being taken up on the first day Congress is back in session after a break. After being thrown under the bus for the last 6 years or so, GLTBs deserve to be a priority for a minute. Right?
The hearings were highlighted by testimony from two of Andrews's House colleagues, Barney Frank (ENDA's primary sponsor) and Tammy Baldwin who --by the way -- both happen to be gay. Also on hand with a powerful message was Michael Carney, a cop from Frank's homestate of Massachusetts. His story is proof positive that jeeez, it's 2oo7 already, no one should have to stay in the closet to get (or keep) a job!
It's a good feeling to finally see this issue getting some play. After all, as Andrews pointed out afterwards "ENDA is a bill about fairness and access to equal opportunity." What's not to love about a sentiment like that?
But this is just the beginning. Since bills can take ages to wind their way through the sausage-making process, it's entirely possible that this issue will still be live after 'o8 election.
All the more reason we need to work our fannies off to flip a few Congressional seats next time around!
