ENDA Hub




Sen. Orrin Hatch (R-UT) Wants ENDA Executive Order to Include Religious Exemptions

Senator Orrin Hatch (R-Utah) is calling for religious exemptions to be included in the executive order President Obama is expected to issue that will protect LGBT employees of federal contractors from discrimination.

The Washington Blade reports:

Orrin hatch“While the specifics of this executive order are not yet clear, I believe it must include the same religious protections that are included in the bipartisan Employment Non-Discrimination Act that passed the Senate,” Hatch said. “ENDA strikes a good balance to ensure that discrimination based on sexual orientation will not be tolerated, but also that one of our nation’s fundamental freedoms — religious freedom — is still upheld. The same must be said for any Obama Administration initiative on this issue.” […]

A White House official responded to Hatch’s request for similar language in the executive order by saying it doesn’t any have details to share about the specifics of the directive.

The Washington Blade notes that in the current version of ENDA before Congress, religious institutions, like churches or religious hospitals and schools, could continue to discriminate against LGBT workers in non-ministerial positions even if the bill were to become law.

Last September, Hatch was among 10 Senate Republicans who voted for ENDA


President Obama to Issue Executive Order Protecting LGBT Employees of Federal Contractors

Blue_obamaPresident Obama plans to sign an executive order protecting LGBT employees of federal contractors from discrimination.

A White House official has told Towleroad that the President has directed his staff to prepare the Order, which would build upon existing protections prohibiting federal contractors from discriminating  on the basis of race, color, religion, sex, or national origin.

The official cites the House's failure to act on ENDA as impetus for the order. Last year the Employment Non-Discrimination Act passed the Senate with bipartisan support but it has languished in the House, faced with Speaker John Boehner who has said there is no way he would bring it to a vote.

In March, 195 Democratic lawmakers sent a letter to Obama urging him to issue the Executive Order.

Said National Gay and Lesbian Task Force Executive Director Rea Carey in a statement sent via email:

“This is a major step forward in the struggle for freedom and justice for LGBTQ workers and their families. Now millions of people will have the economic security they need to provide for their families. Through his actions, the President has demonstrated again his commitment to ending discrimination. We thank all the organizations who have worked so hard to make this piece of history. This decision is good for LGBTQ people, good for our economy and good for America. Unfortunately, many of us who don't work for federal contractors will still lack workplace protections. Now we must redouble our efforts for the urgent passage of state employment protections and strong federal legislation.”

Obama is planning a trip to NYC in the coming days for an LGBT fundraiser.


Friday Speed Read: ENDA, Utah, NOM, IRS, Puerto Rico, Patricia Todd, Uganda, Immigration

BY LISA KEEN / Keen News Service

Finalvote_endaTWO MORE GROUPS DISS ENDA:

The National Center for Lesbian Rights and Equality Illinois issued separate statements Thursday, joining the chorus of those who say the current version of the Employment Non-Discrimination Act (ENDA) “falls short.” Equality Illinois says that, while it supports ENDA, its members “strongly oppose including any exemptions that would give LGBT people less protection than other protected groups already enjoy under federal civil rights law.” NCLR said it is “confident the current discriminatory religious exemption in ENDA will not be part of the final legislation,” but added it would “not continue to support ENDA if it is not changed to be consistent with Title VII’s religious exemption."

UtahTENTH CIRCUIT STAYS RECOGNITION ORDER:

The Tenth Circuit U.S. Court of Appeals agreed Thursday to a temporary stay of a federal district court judge’s ruling that Utah must recognize, for the purpose of state benefits, the 1,300 marriages performed for same-sex couples in the state prior to a U.S. Supreme Court stay of a decision striking the state ban. The appeals court is expected to decide by June 12 whether to grant a more permanent stay, in Evans v. Utah, until the Tenth Circuit can rule on the state’s ban, in Kitchen v. Herbert.

NOM-logoJUDGE DISMISSES MOST OF NOM-IRS LAWSUIT:

A federal district court judge in Virginia on June 3 dismissed most of a lawsuit by the National Organization for Marriage that claimed an employee of the U.S. Internal Revenue Service deliberately leaked a confidential tax document from NOM to the Human Rights Campaign. Judge James Cacheris said NOM failed to provide any evidence that the disclosure was deliberate and politically motivated; but, he said the IRS may bear some responsibility for the legal expenses NOM incurred as a result of that error and scheduled that issue for trial June 30. Story to follow later today.

RodriguezLESBIAN NOMINATED TO P.R. SUPREME COURT:

Puerto Rico Governor Alejandro García Padilla on Wednesday nominated lesbian attorney Maite Oronoz Rodríguez to serve on the Puerto Rico Supreme Court. Rodríguez is director of legal affairs for the city of San Juan, served as deputy solicitor general for PR and briefly as its acting solicitor general. Lambda Legal issued a statement applauding the nomination of the “first openly lesbian judge” to the Puerto Rico Supreme Court. The nomination now goes to the PR senate for confirmation.

ToddMORE ELECTION WINNERS:

Openly gay Alabama state Representative Patricia Todd beat out two Democratic challengers in a primary race Tuesday, seeking her third term to represent Birmingham. Todd, the state’s first and only openly gay elected official, took 64 percent of the vote. And Richard Garcia was elected mayor of Long Beach, California, becoming the city’s first openly gay mayor.

Chad_griffinHRC URGES OBAMA ACTION AGAINST UGANDA:

Human Rights Campaign President Chad Griffin sent President Obama a letter June 2, urging him to take “immediate, concrete” action to “illustrate the United States’ commitment to protecting human rights in Uganda.” Ugandan President Yoweri Museveni signed the country’s Anti-Homosexuality Act in February. President Obama said at the time that the law would “complicate” U.S. relations with Uganda and the administration began an “internal review” of those relations.  “Delay is putting lives at risk,” wrote Griffin. “…The world is waiting for action….”

GROUPS URGE ACTION ON IMMIGRATION:

The Human Rights Campaign and 14 other groups signed onto a letter to President Obama June 3, urging him to take “swift executive action to suspend mass immigration detention and deportations.” The letter says Immigration and Custom Enforcement “has failed to take adequate steps to protect LGBT people from abuse and inhumane isolation in detention centers….”

© 2014 Keen News Service. All rights reserved.


Queer Nation: Why is HRC Blasting Vatican While Pushing for ENDA with Terrible Religious Exemption?

Earlier this week we reported that the Human Rights Campaign had sent a letter to the Vatican requesting an audience with the Pope on behalf of nine teachers who have lost their jobs at Catholic schools for being LGBT or supporting an LGBT person.

Pope_griffinThe activist group Queer Nation sent out a press release yesterday calling HRC out for hypocrisy on the issue of religious discrimination because it is pushing for passage of the Employment Non-Discrimination Act (ENDA) which contains a terrible religious exemption.

Here's the full release from Queer Nation:

At the same time it is criticizing Roman Catholic schools for their anti-LGBT discrimination, the Human Rights Campaign (HRC) is lobbying in Congress for the Employment Non-Discrimination Act (ENDA) that has a religious exemption that would allow that discrimination under federal law.

"All discrimination is immoral and HRC is right to object to what these schools are doing," said Ken Kidd, a member of Queer Nation. "So why is HRC spending millions in Congress to promote ENDA when that legislation has a religious exemption that will let Roman Catholic schools and other religiously-affiliated institutions fire LGBT people and perhaps even pro-LGBT people?"

In a May 27 press release announcing it had delivered a letter to the Vatican on behalf of nine Roman Catholic school teachers who were fired from their jobs for being LGBT or pro-LGBT, HRC called such discrimination "draconian laws" that are "designed to force LGBT people back into the closet and silence straight allies."

HRC noted that the firings were part of "a frightening trend" at Roman Catholic schools across America of including teacher contract clauses that bar LGBT people and pro-LGBT activities by teachers at these schools. In April, HRC collected over 30,000 signatures in a petition asking the Archdiocese of Cincinnati to remove the clause from its teacher contract, the press release noted.

"HRC can't have it both ways," Kidd said. "It can't criticize Roman Catholic schools for discriminating against LGBT Americans and then seek to make that discrimination legal under federal law. ENDA is a lousy bill and it should be scrapped. What the LGBT community needs is comprehensive federal civil rights legislation."

Queer Nation has been campaigning for a comprehensive federal civil rights law that bans discrimination in employment, housing, public accommodations, education, and federally-funded programs. The direct action group is using the hashtags #deadenda and #endaisnotequal.

ENDA's religious exemption is expansive and goes beyond the more limited exemption in the Civil Rights Act of 1964. Five leading LGBT legal groups are not supporting the current version of ENDA, which only bans employment discrimination, because of its religious exemption. Lorri Jean, the head of the LA Gay & Lesbian Center, recently said that the exemption must be removed.

Matt Foreman, the former head of the National Gay & Lesbian Task Force, and Cathy Marino-Thomas, the former board chair of Marriage Equality USA, have opposed ENDA and called for comprehensive federal civil rights legislation.


Thursday Speed Read: NOM and Oregon, Idaho Stay, Arkansas, Lorri Jean, South Carolina, Give Out Day

BY LISA KEEN / Keen News Service

McshaneJUDGE SAYS NO TO NOM:

U.S. District Court Judge Michael McShane yesterday denied the National Organization for Marriage motion to serve as intervenor to defend Oregon’s ban on same-sex marriage. McShane, who is openly gay, held a hearing on two consolidated lawsuits challenging the constitutionality of the ban. Because the state attorney general said her office could not vouch for the ban’s constitutionality, no one argued in its defense. McShane is expected to issue his decision on that issue soon and, if he finds it unconstitutional, same-sex couples may be able to obtain marriage licenses right away. NOM has said it will appeal McShane’s ruling on the intervenor motion to the Ninth Circuit.

Flag_idahoIDAHO RUSHES TO APPEAL FOR STAY:

Idaho Governor Butch Otter is also on his way to the Ninth Circuit U.S. Court of Appeals. Otter is appealing the decision Wednesday by Chief U.S. Magistrate Judge Candy Dale to deny his request that she stay her decision striking the state’s ban on same-sex marriage. Dale’s ruling on the ban, issued Tuesday, will go into effect Friday morning unless Otter is able to secure a stay from the federal appeals court.

Arkansas_supremeARKANSAS COMPLICATIONS:

The Arkansas Supreme Court on Wednesday denied a petition from the state’s attorney general for an emergency stay of a county circuit judge’s May 9 ruling that two state laws banning same-sex marriage are unconstitutional. The high court said that, for procedural reasons, the supreme court does not yet have jurisdiction. Responding to the attorney general’s argument that county clerks around the state are uncertain as to whether they should issues licenses or wait for the results of an appeal, the supreme court noted that Judge Chris Piazza’s ruling said nothing about a separate Arkansas law “and its prohibitions against circuit and county clerks issuing same-sex marriage licenses.” Jack Wagoner, an attorney for the 12 plaintiff couples, told the Arkansas Times he’d be in court today to “fix” the problem. “How can you find something unconstitutional,” said Wagoner, “but not affect a statute that would require the clerks to do something unconstitutional?”

JeanANOTHER VOICE ON ENDA FRAILTY:

Los Angeles Gay & Lesbian Center Executive Director Lorri Jean, speaking to “An Evening with Women” event on Saturday, had this to say about the Employment Non-Discrimination Act: “Religious freedom does not include the freedom to oppress other people. These kinds of fundamentalist forces are behind efforts to gut what laws we do have in this country that protect LGBT people from discrimination….Even our own Employment Non-Discrimination Act—the only federal law currently being proposed to protect LGBT people—includes a broad religious exemption. It was put into ENDA eight years ago, expressly to weaken it. It does not belong there today.” Former NGLTF Executive Director Matt Foreman said Monday he thinks LGBT leaders should “pull the plug” on the current version of ENDA, saying it is “essentially a lifeless corpse.”

SouthcarolinaSOUTH CAROLINA SENATE RESTORES FUNDS:

The South Carolina Senate on Wednesday approved a state budget Tuesday that restores the $70,000 cut from the funding for two public universities over their use of books with positive depictions of gay people. But according to the State newspaper, the senate stipulated that the restored funds should be used to teach the constitution and other founding documents.

A DAY TO GIVE “OUT” TO LGBT COMMUNITY:

Today is “Give Out Day,” an event scheduled to encourage supporters of LGBT organizations to donate to them. Last year, according to the Human Rights Campaign, the event raised over $600,000, from 5,474 individuals in support of over 400 nonprofits groups across the country.
© copyright 2014 by Keen News Service. All rights reserved.


Wednesday Speed Read: Virginia, Idaho, Equality Act of '74, Matt Foreman, ENDA, Alaska

BY LISA KEEN / Keen News Service

NiemeyerFOURTH CIRCUIT SLUGFEST:

Oral arguments Tuesday before the Fourth Circuit U.S. Court of Appeals over Virginia’s ban on same-sex marriage suggest the vote will almost certainly be 2 to 1 vote. The only question is which way it will go. Sharp comments and fierce questioning by two of the three judges left little room for doubt on how their votes will split. Republican appointee Paul Niemeyer, 73, said allowing gays to marry could set the stage for a man to marry “six wives or his daughter.” He suggested same-sex couples could have a “parallel” type relationship “with less attributes.” Democratic appointee Judge Roger Gregory, 62, derided arguments by attorneys who said marriage laws are for heterosexual couples to “protect the children.” Gregory said that sounded like a “totalitarian system where people are baby makers and you get married for the interest of the state.” Full story tomorrow.

DaleTHE ‘SLOW’ MARCH IN IDAHO:

Just eight days after hearing arguments, a U.S. magistrate judge on Tuesday struck down Idaho’s ban on same-sex marriage and ordered the state begin issuing licenses Friday. Chief U.S. Magistrate Judge Candy Dale’s 57-page memorandum order in Latta v. Otter, a case brought by the National Center for Lesbian Rights, says the ban on same-sex couple marrying violates the U.S. Constitution’s guarantees to equal protection and due process.  “Slow as the march toward equality may seem, it is never in vain,” wrote Dale, who said the state offered “no evidence that same-sex marriage would adversely affect opposite-sex marriages or the well-being of children.” The ruling made Idaho the 11th state this year to see its ban on same-sex marriage struck down. All are under appeal. In anticipation of Dale’s decision, Idaho’s Republican Governor Butch Otter filed a motion requesting a stay pending appeal.

SPEAKING OF THE ‘SLOW’ MARCH:

It was 40 years ago today that U.S. Reps. Bella Abzug and Ed Koch (D-NY) introduced the “Equality Act of 1974,” the first version of what is now the Employment Non-Discrimination Act (ENDA). The Equality Act was a much broader piece of legislation, seeking to prohibit discrimination based on sexual orientation in employment, housing, and public accommodations. Over the years, the bill was trimmed and rewritten. Today’s version seeks to prohibit discrimination based on sexual orientation and gender identity but only in employment with businesses of 15 employees or more and with exemptions for religious organizations. The bill passed the Senate last November for the first time in its 40-year history; but House Speaker John Boehner (R-Ohio) has vowed it will not get a vote in the House under his leadership.

ForemanPULL THE PLUG ON ENDA?

Former National Gay and Lesbian Task Force Executive Director Matt Foreman urged LGBT leaders to “pull the plug” on the Employment Non-Discrimination Act (ENDA), saying it is an “essentially lifeless corpse.”

COUPLES SUE IN ALASKA:

Five same-sex couples filed suit in federal court Monday to challenge Alaska’s ban on same-sex marriage. That now leaves only three states with bans that have not yet been challenged in court: North Dakota, South Dakota, and Montana.

LAMBDA AT ALASKA SUPREME COURT:

Lambda Legal argued a case before the Alaska Supreme Court Tuesday that could strike down that state’s ban on same-sex marriages. In Harris v. Millennium Hotel, Lambda argued that the state law barring same-sex couples the right to marry prevented Deborah Harris from qualifying for a survivors’ benefit paid through the state’s Workers Compensation Act to spouses of employees killed at work. Harris and Kerry Fadely were in a relationship for 10 years before Fadely was shot to death at work by a recently fired employee.

© 2014 Keen News Service. All rights reserved.


Trending



Towleroad - Blogged