Category Archives: gay politics

Former Obama official calls for ENDA executive order

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A gay former counsel for USAID is calling on President Obama to take action against LGBT workplace discrimination. (Washington Blade file photo by Michael Key)

A gay former member of the Obama administration says it’s time  for President Obama to issue an executive order barring LGBT workplace discrimination among federal contractors as he touts his agency’s independent action on the issue.

In an op-ed published in Washington Post late Thursday, Jeffrey Marburg-Goodman, special counsel for the U.S. Agency for International Development and a foreign policy adviser to the 2008 Obama campaign, called on Obama to issue the order to build on his record in advancing LGBT rights.

“Although admittedly imperfect and only partial, an executive order that helps advance employment equality nationwide is overdue,” Marburg-Goodman writes.

Issuing the executive order, Marburg-Goodman writes, would build off Obama’s earlier LGBT achievements, such as “Don’t Ask, Don’t Tell” repeal and naming a record number of LGBT government appointees.

Additionally, Marburg-Goodman says issuing the directive could be “a tipping point” that would lead to passage of legislation to protect LGBT employees known as the Employment Non-Discrimination Act.

Marburg-Goodman makes a special point of touting the work USAID has undertaken to address LGBT workplace discrimination. In October 2011, the agency issued guidance saying it “strongly encourages” its contractors to adopt non-discrimination policies for workers, including on the basis of sexual orientation and gender identity.

“Individual federal agencies have done what they could to advance equality and reflect current American norms and values,” Marburg-Goodman said. “Last year, we at the U.S. Agency for International Development, under the leadership of then-Secretary of State Hillary Clinton and Administrator Rajiv Shah, announced the most advanced position any federal agency has taken on this issue.”

The Obama administration has repeatedly said it prefers a legislative solution to addressing LGBT workplace discrimination as opposed to issuing an executive order.

Shin Inouye, a White House spokesperson, said Friday he has no updates on the directive in response to the op-ed piece.

“Regarding a hypothetical Executive Order on LGBT non-discrimination for federal contractors, I have no updates for you on that issue,” Inouye said.

Marburg-Goodman isn’t the first former Obama administration official to call on Obama to issue the executive order. In March 2012, Elizabeth Warren, then a candidate for U.S. Senate, endorsed the idea in an interview with the Washington Blade, saying, “Any steps that the president can take toward non-discrimination benefit the whole country.” Prior to representing Massachusetts in the U.S. Senate, Warren was special adviser for the Consumer Financial Protection Bureau under Obama.

Tico Almeida, president of the LGBT group Freedom to Work, praised Marburg-Goodman for calling on Obama to issue the executive order.

“I suspect some White House staffers are fairly annoyed with Mr. Marburg-Goodman for calling them out in such a high-profile way for their unforutnate desicion to delay President Obama’s executive order for LGBT workplace fairness, but I think he deserves our praise for using his stature as a distinguished Obama appointee to advocate on the LGBT workplace issues that some other administration officials have neglected for too long,” Almeida said. “I commend him for using his strong voice in favor of the pending executive order.”

Further, Almeida called on other former members of the Obama administration to speak out in favor of the executive order, including John Berry, who until last month was head of the U.S. Office of Personnel Management and the highest-ranking openly gay person in the Obama administration.

“It would be great if other gay former Obama appointees like John Berry followed Mr. Marburg-Goodman’s lead in advocating for this long overdue policy from the Obama Administration,” Almeida said.

Berry couldn’t immediately be reached for comment. According to the Washington Post, he’s on Obama’s short list for U.S. ambassador to Australia.

Gillibrand to reintroduce adoption anti-discrimination bill

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Sen. Kirsten Gillibrand (D-N.Y.) announces plans to reintroduce the Every Child Deserves a Family Act (Washington Blade photo by Damien Salas)

Sen. Kirsten Gillibrand (D-N.Y.) is leading a group of lawmakers in the House and Senate who are preparing to introduce legislation that would prohibit bias in adoption services against gay couples seeking to adopt.

The legislation, known as the Every Child Deserves a Family Act, would restrict federal funds for public child welfare agencies if they have laws or practices allowing for discrimination in adoption on the basis of marital status, sexual orientation or gender identity. The bill would also prohibit discrimination against LGBT children seeking families.

Gillibrand emphasized the importance of the legislation on Tuesday during a news conference on Capitol Hill as a means to ensure LGBT families seeking to adopt can do so without fear of anti-gay bias.

As Gillibrand noted, no state laws protect LGBT families seeking to adopt in more than 30 states, although six states — California, Massachusetts, New Jersey, Rhode Island, Wisconsin and Oregon — explicitly ban discrimination in adoption based on sexual orientation.

“This patchwork of state laws often lead our children across the children across the country without the opportunity for a safe home and loving parents,” Gillibrand said. “Meanwhile, there’s an untapped pool of 2 million LGBT people, people who are willing to become adoptive or foster parents, according to the Williams Institute at UCLA.”

According to Gillibrand’s office, an estimated 400,000 children in the U.S. foster care system nationwide, and more than 104,000 children are currently waiting to be adopted, including 6,400 in New York.

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Rep. John Lewis (D-Ga.) speaks at news conference against anti-gay bias in adoption (Washington Blade photo by Michael Key)

In the House, the lead sponsor of the legislation is Rep. John Lewis (D-Ga.), a leader in the 1960′s black civil rights movement, who’s taking over the bill along with Rep. Ileana Ros-Lehtinen (R-Fla.) now that its former patron, former Rep. Pete Stark, has retired from Congress.

“I’ve fought too long and too hard against discrimination of every kind not to serve as a champion for this bill,” Lewis said. “Foster children are innocent bystanders when troubled families crash and burn. The foster care system does it best to rescue these little babies from the flames of abuse — neglect, drug addiction, domestic violence and some of societies worse problems.”

Among the chief LGBT organizations behind the legislation is the Family Equality Council. Emily Hecht-McGowan, the Family Equality Council’s, director of public policy, issued a statement saying the bill is important to find loving homes for children.

“Our country has an obligation to care for its most vulnerable children, and we can do better for the 104,000 youth in foster care who are searching for a home,” Hecht-McGowan said. “The time has come to fix the patchwork of adoption and foster care laws across the country and ensure that young people in care have every opportunity to find a forever home.”

The legislation wasn’t introduced on the same day as the news conference. Steve Majors, a spokesperson for the Family Equality Council, said a “Dear Colleague” letter went out on Tuesday asking lawmakers to sign on in support of the bill in anticipation of introduction at later date.

Speaking with the Washington Blade after the news conference, Gillibrand said the first step in the process to guiding the legislation toward passage this year is building co-sponsorship for the bill — particularly finding a lead GOP co-sponsor in the Senate.

“Right now, we’re working on co-sponsors,” Gillibrand said. “We’ll be working across the aisle to find a lead Republican, and hopefully then garner a broad base of support within the Senate, and then we’ll move forward in the Senate and move forward in the House and try to get this passed this year.”

Asked whether she’s spoken to Sen. Rob Portman (R-Ohio), who recently came out in favor of marriage equality after learning his son is gay, about the legislation, Gillibrand replied, “We’re still working on it.”

As noted by The Huffington Post, one potential supporter for the legislation in the House could be Rep. Paul Ryan (R-Wis.), who said during a town hall that he supports adoption rights for gay couples, although he continues to oppose same-sex marriage.

“I do believe that if there are children who are orphans who do have a loving person or couple — I think if a person wants to love and raise a child they ought to be able to do that. Period. I would vote that way,” Ryan said.

Ryan’s office didn’t immediately respond to the Blade’s request to comment on whether he’d support the Every Child Deserves a Family Act.

During the news conference, a number of gay people and their children spoke out about the importance that adoption has meant for their families. Among them was Martin Gill, a gay foster dad, and his eight-year-old son, Nathaniel, who spoke publicly at the news conference for the first time.

Gill filed a lawsuit against Florida to allow him to adopt Nathaniel and his brother. That challenge led the state in 2010 to stop enforcing its 33-year-old law prohibiting openly gay people from adopting.

“It was not so much the fact that we were going to be discriminated against; it was the fact that they were going to split two young brothers up that had always been together, that had come together into our home, that by the time of our adoption, had been with us for six years at the time of our adoption,” Gill said. “That’s what really led to our journey. That’s something that no foster children should have to go through; it’s also something that no adoptive parent should have to go through.”

Also at the news conference was Mary Keane, a lesbian New York City resident and retired health care consultant, used her savings to buy a 12-bedroom house and intended it to become a safe-haven for LGBT teens rejected by their families. Instead, she became a foster mother for troubled adolescents. Keane has formally adopted six children and plans to adopt four more.

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Philip McAdoo and his seven-year-old son Zaden (Washington Blade photo by Damien Salas)

“Many of my kids, they never, never cared about my sexual orientation,” Keane said. “It was about as irrelevant as you could possibly get. Having parented for 13 years now, what I’ve found is that, if anything, they learn a lot. Some of my kids have written award-winning essays about marriage equality and why gays should be allowed to marry.”

Anni Keane, one of Keane’s daughters who’s now an adult, teared up during the news conference as she talked about the importance of having a mother, saying, “Thank God she decided to be a parent for me. Because she stepped forward, I have a mom, and my daughter has a grandmother.”

Philip McAdoo, a gay Atlanta, Ga., resident and graduate student at the University of Pennsylvania, talked about the experience that he and his partner, Sean Cavanaugh, had after the two-year process that led them to adopt their son Zaden, who’s now seven years old.”

“When we started talking about family, he said, ‘Oh, I what’s important in a family,’” McAdoo said. “We were like, ‘What’s that?’ He said, ‘Where there’s love.’ There was never a question that there were two dads; he always wanted to know who was going to play football with him.”

Jody Huckaby, executive director for PFLAG National, said in a statement his organization in its 40 years of existence has “seen the positive effects parental support” can have on a child — regardless of the sexual orientation of the parent.

“Why, then, should more than 400,000 children remain in foster care—104,000 of whom are eligible for adoption—when they could receive this support from loving, capable, and qualified lesbian, gay, bisexual, and transgender parents?” Huckaby said. “This is truly discrimination at its worst: hurtful to the people who are being denied the opportunity to become parents, and harmful to thousands of vulnerable children being denied the opportunity for stable, loving, permanent homes.”

Obama criticized for lack of LGBT Cabinet appointments

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HRC is criticizing President Obama for not naming an openly LGBT person to his Cabinet. (Washington Blade file photo by Michael Key)

The Human Rights Campaign, the nation’s largest LGBT rights group, criticized President Obama Friday for failing to nominate an openly LGBT person as part of his Cabinet.

Michael Cole-Schwartz, a spokesperson for HRC, said, “it is quite disappointing” that no openly LGBT Americans are among Obama’s nominees in the wake of him finalizing his Cabinet.

“While the Cabinet is full of staunch allies, there is no reason why qualified LGBT Americans willing to serve their country should be overlooked, especially in a day and age when LGBT people are an integral part of the fabric of our nation as everyone from doctors to teachers to professional basketball stars,” Cole-Schwartz said. “The president has said it’s our job to remind him when he’s fallen short and while there’s much for which to applaud him, on this issue this president has fallen far short.”

President Obama rounded out his selections for the 15 posts in his second-term Cabinet without naming an openly LGBT person. Before leaving for Mexico and Costa Rica for discussions with leaders in those countries, Obama on Thursday nominated Chicago businessperson Penny Pritzker as commerce secretary as well as White House economic adviser Michael Froman as U.S. trade representative.

Earlier in the week, Obama named Charlotte Mayor Anthony Foxx as his pick for transportation secretary. The president nominated Foxx, who’s black, for the position in the wake of criticism that his Cabinet lacked diversity and a stern letter from Congressional Black Caucus Chair Marsha Fudge (D-Ohio) who criticized Obama for not having more black people in his Cabinet.

Meanwhile, LGBT groups have been calling for the nomination of an LGBT person as part of Obama’s Cabinet and for an openly LGBT nominee as a G-20 ambassador.

Such a nomination would be historic because no openly LGBT person has ever before been named or served as a Cabinet member.

Shin Inouye, a White House spokesperson, responded to the criticism about the lack of LGBT nominees in the Cabinet by pointing to Obama’s record on LGBT issues.

“The president is deeply committed to diversity in his administration, and he’s proud of the of LGBT appointments he’s made throughout all levels of his administration,” Inouye said. “Moreover, he has a strong record of accomplishment on issues of concern to the LGBT community and will continue to make progress in that area.”

Another group that has called for the appointment of an openly LGBT Cabinet member is the Gay & Lesbian Victory Fund. Chuck Wolfe, the Victory Fund’s CEO, told an audience at the Equality Forum in Philadelphia on Friday that Obama’s failure to make such a pick was “disappointing.” But Wolfe noted that there remains time for an openly LGBT Cabinet pick before the end of Obama’s second term.

Obama has had opportunities to name an openly gay person as part of his Cabinet since the start of his second term, but none were taken. For example, many hoped that John Berry, the former head of the U.S. Office of Personnel Management, would be named as interior secretary because of his background heading the National Zoo and a junior position he held within the department during the Clinton administration.

But that Cabinet role ultimately went to Seattle-based businessperson Sally Jewell, who helped with the effort to legalize marriage equality in Washington State. Still, the Washington Post has reported that Berry is on Obama’s short list for a nomination as U.S. ambassador to Australia.

Another name drawing speculation was Fred Hochberg — who’s gay and headed the U.S. Export-Import Bank during Obama’s first term — for a nomination as commerce secretary. An administration official told the Blade in December that Obama was closely looking at Hochberg for the role, but the president made another choice for that Cabinet post this week.

Yet another opportunity for an openly gay Cabinet nominee was California Assembly Speaker John Perez, who reportedly was on Obama’s short list for the role of labor secretary. That position instead went to Assistant Attorney General for Civil Rights Thomas Perez. Although he’s straight, he has one of the strongest records on LGBT rights in the Obama administration because he testified before the Senate in 2009 in favor of the Employment Non-Discrimination Act and helped implement the hate crimes protection law.

Despite the lack of an openly LGBT Cabinet member, Obama is known for making more openly LGBT appointees than any president before and named more than 260 openly LGBT appointees within his administration. Just last month, the Senate confirmed Eric Fanning for the role of Air Force under secretary — the second-highest civilian position for that service. And Obama has nominated 10 openly gay people to serve as federal judges — including Pamela Ki Mai Chen, the first confirmed openly gay Asian-American nominee — when only one openly gay person had previously served on the bench.

Sen. Merkley bullish on prospects for ENDA

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Sen. Jeff Merkley (D-Ore.) talks about ENDA in an interview with the Washington Blade. (Washington Blade photo by Michael Key)

The lead sponsor of the Employment Non-Discrimination Act in the Senate is excited about the bill’s prospects upon reintroduction and anticipates committee action in May or June.

In an interview with the Washington Blade on Tuesday, Sen. Jeff Merkley (D-Ore.) talked about the future for ENDA, which he’s planning to introduce on Thursday. The bill is set to debut on the same day as the House version by gay Rep. Jared Polis (D-Colo.).

Merkley, who prior to being elected as U.S. senator was Oregon State House Speaker, said he’s “very excited” about leading the fight on ENDA for two reasons: it builds off the state LGBT non-discrimination legislation he helped usher into law in 2007, and it honors the legacy of the late Sen. Edward Kennedy, who previously championed ENDA.

“Part of the reason it’s exciting to me is I led the fight in Oregon for basic rights,” Merkley said. “It was a huge honor to have Sen. Kennedy ask me to carry the torch on this bill. And I want to fulfill the responsibility he gave me of getting the bill passed in the Senate. I think we’re going to be a lot of closer. We have a chance of getting this done, and getting it done this year.”

Merkley said he’s spoken with the Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa), who’s already pledged to have a panel vote on ENDA this year, and received assurances a markup would happen in the coming months.

“He was very publicly saying the moment he got the bill in his hands — as soon as it was introduced — that he wanted to move forward quickly,” Merkley said. “My understanding, to be confirmed obviously in conversations with him, is he’d like to have the markup in May or June.”

The Oregon senator affirmed the Senate version of the bill would have five original co-sponsors: himself, Harkin as well as lesbian Sen. Tammy Baldwin (D-Wis.) and Republican Sens. Susan Collins (Maine) and Mark Kirk (Ill.). On Friday, the legislation will be open to additional co-sponsors.

Merkley also confirmed that two areas that were previously under reconsideration with respect to ENDA — the religious exemption and no mention of disparate impact — would be unchanged upon reintroduction.

However, Merkley said ENDA would be different because other provisions were modified following conversations with stakeholders and with Republican partners.

Among the changes relates to shared facilities. The previous version of ENDA stated an employer wouldn’t be in violation of the law if it denied a transgender person access to dressing facilities in which being seen unclothed is unavoidable — provided that the company provides access to adequate facilities consistent with the employee’s gender identity. Merkley said the new version of ENDA won’t address the issue of shared facilities.

“We’re going to adopt the model that has been the dominant state model, which is simply not to have discussion on facilities in any of the sections of the bill, which is what the states have done and it’s worked very well,” Merkley said.

The Oregon senator is eager for a full Senate floor vote on ENDA once the bill is moved out of committee, saying, “I think it’s time for every senator to have to take a position on this.”

“We have senators who have been silent on where they stand,” Merkley said. “We have other senators who may have been recognizing they have been hesitant before, but really there’s a hugely compelling principle at stake here: that of equal opportunity to be a full participant in our economy. It’s only right and just that people not be discriminated against in employment.”

And Merkley was bullish about reaching the 60-vote threshold in the Senate to end a filibuster on the legislation in the wake of additional senators coming out in support of marriage equality.

“I think I was the ninth,” Merkley said. “Now there are over 50. That’s a huge transformation in four years. I can’t imagine that anyone who is supportive of marriage equality wouldn’t also fully be there on non-discrimination.”

All eyes will be one of those lawmakers in particular, Sen. Rob Portman (R-Ohio), who came out in favor of marriage equality after learning that his son is gay. Merkley said he’s spoken to Portman about ENDA, as well as other Republican senators, but wouldn’t divulge what the response was in these conversations.

“I’ve lobbied him and let him know I’m going to bring him back the details and work with him, and he acknowledged it,” Merkley said. “So, he’ll have to choose his own moment of what he says to the public.”

Asked whether ENDA stands a better chance at becoming law now than it did in the 112th Congress, Merkley replied, “Yes, society is way ahead of Congress. The attitudes in state after state are changing. Certainly the conversations regarding marriage equality have changed.”

As Merkley lobbies his colleagues on ENDA, the senator said he doesn’t think pressure from the White House would be useful to move forward with the legislation. Groups like Freedom to Work have been asking President Obama to call publicly for a floor vote and lobby senators on ENDA.

“I’m not sure that that’s helpful,” Merkley said. “We have the business community on board, we have commerce, we have the majority of Fortune 500 companies. I think people hearing from their home state businesses that have recognized that this is the right and good thing to do is a very powerful voice — home state interest groups as well.”

Still, Merkley said he continues to want to see administrative action against LGBT workplace discrimination in the form of an executive order barring it among federal contractors. The senator has been one of the leading lawmakers on Capitol Hill calling for the directive.

“I’ve been encouraging the administration to do what they can within their own world, which is of government contractors in employment discrimination among the contractors,” Merkley said. “I think discrimination is so abhorrent that it should be ended through any means available. I’ll keep encouraging them to do that, but maybe we can pass this bill and get it to the president and accomplish it for the entire working world at once.”

The White House continues to say in response to questions about the executive order that it prefers a legislative approach to address the issue of LGBT workplace discrimination. Merkley said he’s received no indications that the administration is reconsidering its position.

“My impression is they’re not moving quickly in that area,” Merkley said.

ENDA to be introduced on Thursday

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ENDA is set for reintroduction in both chambers of Congress on Thursday. (Washington Blade photo by Michael Key)

The Employment Non-Discrimination Act is set to be introduced in both chambers of Congress on Thursday, according to multiple sources, but without major changes that were previously under consideration.

The bill will be reintroduced in the House by Rep. Jared Polis (D-Colo.), the most senior openly gay member of the chamber, who’s taking over the legislation now that former Rep. Barney Frank has retired. In the Senate, the legislation will be reintroduced by Sen. Jeff Merkley (D-Ore.). The lawmakers’ offices confirmed they would introduce ENDA concurrently on Thursday.

The Senate version of the bill will have five original sponsors: Merkley and lesbian Sen. Tammy Baldwin (D-Wis.) will be two Democrats, Sens. Mark Kirk (R-Ill.) and Susan Collins (R-Maine) will be two Republicans and Senate Health, Education, Labor and Pensions Committee Chair Tom Harkin (D-Iowa) will round out the quintet.

The number of original co-sponsors in the House remains to be seen. Conchita Cruz, a Polis spokesperson, said many House members have told her boss “they want to make sure that they are included” as original co-sponsors.

Tico Almeida, president of Freedom to Work, said his organization will push for a committee vote and movement on the Senate floor for ENDA “as soon as possible.”

“ENDA had a recent committee hearing where not a single Republican senator bothered to show up to express any opposition or even ask questions about the drafting of the bill, so I think Chairman Harkin should schedule the committee vote on ENDA as soon as possible in May or June,” Almeida said. “It would be great to have ENDA teed up to go to the Senate floor in July.”

Harkin, whose committee has jurisdiction over ENDA, has already pledged to mark up the legislation this year. The office of Senate Majority Leader Harry Reid (D-Nev.) has said Democratic leadership “looks forward to working with” Harkin to set up a floor vote on the bill.

Almeida said the time period immediately after Supreme Court decisions are expected on California’s Proposition 8 and the Defense of Marriage Act would make July an excellent opportunity for a floor vote on ENDA, which would ban anti-LGBT employment discrimination.

“After the Supreme Court rules in the Windsor marriage case, many right-wingers are going to denounce marriage equality for same-sex couples, but claim that they don’t believe in discrimination against LGBT Americans,” Almeida said. “That’s the time when we should call some of those bluffs by putting ENDA on the Senate floor and letting all 100 senators go on the record about whether hardworking Americans should get fired just because of who they are or who they love.”

One question about the bill was whether ENDA would be changed upon reintroduction. LGBT advocates had previously told the Washington Blade the legislation has been under review prior to reintroduction in the 113th Congress.

Two areas that were said to be under review were the religious exemption as well as the area of disparate impact, which ENDA hadn’t previously addressed. However, multiple sources familiar with ENDA said these changes were ultimately not made to the bill.

Jamal Raad, a Merkley spokesperson, said “there will be a few changes to update the language” on ENDA, but said he couldn’t provide actual legislative text until reintroduction on Thursday.

Almeida said another change he’s seeking for ENDA as it progresses through the legislative process is an update to the bill in the aftermath of the Supreme Court ruling in Gross v. FBL Financial. That 2009 decision raised the bar for the standard of proof in making certain employment discrimination claims.

“If this legal loophole does not get fixed before ENDA becomes law, there will be gay and transgender victims of discrimination with meritorious cases who are denied justice because of the unequal standard that the conservative activists on the Supreme Court created a few years ago,” Almeida said. “Gay and transgender plaintiffs deserve to have the same standard of proof applied to their cases as plaintiffs alleging racial or religious discrimination under Title VII of the Civil Rights Act.”

Almeida said the fix would be along the lines of the bipartisan legislation introduced by Harkin and Sen. Charles Grassley (R-Iowa) known as the Protecting Older Workers Against Discrimination Act. That bill hasn’t yet been reintroduced in the 113th Congress.

“Especially since Chairman Harkin is the author of the bi-partisan legislation to address the Gross case, I’m hoping that he and the committee staff will close this loophole when ENDA goes to mark-up,” Almeida said.

As ENDA advances, many eyes will be on the U.S. senators who’ve recently come out for marriage equality, but haven’t yet articulated a position on the legislation.

Those who’ve come to support marriage equality, but didn’t co-sponsor ENDA in the previous Congress are Sens. Jon Tester (D-Mont.), John Rockefeller (D-W.Va.), Max Baucus (D-Mont.), Bill Nelson (D-Fla.), Tim Johnson (D-S.D.) — and most notably Sen. Rob Portman (R-Ohio). Also in question among the U.S. senators who support marriage equality is Sen. Heidi Heitkamp (D-N.D.), who’s new to Congress.

Eyes also will be Sen. Lisa Murkowski (R-Alaska), who voted for “Don’t Ask, Don’t Tell” repeal and recently said she’s “evolving” on the issue of marriage equality.

Reid also wasn’t a co-sponsor in the previous Congress, but he typically doesn’t co-sponsor bills because of his leadership position.

Freshmen senators who were formerly U.S. House members — Sens. Joe Donnelly (D-Ind.), Mazie Hirono (D-Hawaii), Martin Heinrich (D-N.M.) and Chris Murphy (D-Conn.) — were co-sponsors of ENDA in the lower chamber of Congress, so would likely support the bill again in the Senate. Sen. Tim Kaine (D-Va.) has said he supports ENDA and Sen. Angus King (I-Maine) signed an LGBT non-discrimination bill into law as governor of the state in 1998.

Other freshman Democrats — Sens. Mo Cowan (D-Mass.), Brian Schatz (D-Hawaii) and Elizabeth Warren (D-Mass.) — signed a letter in February identifying themselves as ENDA supporters.

NOTE: An earlier version of this article neglected to include Sen. Martin Heinrich as among the freshmen Senate Democrats who supported ENDA as U.S. House members. He also signed the letter identifying himself as an ENDA supporter. Whitney Potter, a Heinrich spokesperson, said the senator intends to support ENDA as a U.S. senator.

Pocan adjusting to life as a member of Congress

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Rep. Mark Pocan (D-Wis.) speaks to eighth graders visiting Capitol Hill. (Washington Blade photo by Michael Key)

The Capitol Hill office of gay freshman Rep. Mark Pocan (D-Wis.) is noticeably bare as one might expect from a lawmaker who began his first term in office just a few months ago.

But on the teal walls, one item stands out: a framed picture of a 1924 campaign flier for Robert LaFollette along with a license plate advertising his bid for U.S. Senate. LaFollette, a Republican, who served in the early 20th century, formed the Wisconsin Progressive Party and is considered a leading voice of the progressive movement.

That flier and license plate are just two pieces of LaFollette memorabilia owned by Pocan, who’s an avid collector of all things related to the Wisconsin senator’s political career.

“I have over half of his known political buttons,” Pocan says. “I also have a little slide movie projector from 1924. You put it in and you have LaFollette reeler and there’s pictures. And their slogan was ‘Fearless and Incorruptible,’ which is kind of a great slogan.”

Speaking with the Washington Blade in his office, Pocan says he and his spouse of six years — Phillip Frank, with whom he operates a small printing company business in Madison — have pledged to donate their LaFollette collection to the Wisconsin Historic Society.

Any why is the Wisconsin congressman so interested in LaFollette? Pocan says the 1920s public figure resonates with him because of his work starting the progressive movement and advancing progressive causes in the state.

“In Wisconsin, we started things like unemployment compensation, so many of these national programs started in the progressive area,” Pocan says. “And he was a strong fighter. At the time, the railroads were a big monopoly, and he fought that. And he just kind of embodies what the progressive movement is about. Even here, he was recognized as a national leader for the work he did.”

In many ways, Pocan is in line with the spirit of LaFollette as a progressive leader. Representing Wisconsin’s 2nd congressional district, one of the more progressive areas in the country, Pocan serves the same constituents that lesbian Sen. Tammy Baldwin (D-Wis.) represented for 14 years before she won election to the upper chamber of Congress.

And as one of the seven openly lesbian, gay and bisexual members of Congress, Pocan personifies — and pursues — one of the most prominent causes that progressive groups have embraced in recent years: the advancement of LGBT equality.

But on this day, other issues are crowding the Wisconsin lawmaker’s schedule. His schedule includes his morning staff meeting, an audience with eighth grade students, a meeting with a legislative representative from the Area Health Education Centers in Wisconsin and lunch with House Minority Whip Steny Hoyer (D-Md.). Capping it off is a “Make It in America” news confernece with other members of Congress.

Pocan is able to find time to talk to the Blade about his experience serving in Congress for just more than 100 days. As a chair of the LGBT Equality Caucus, Pocan already has priorities for what he wants to see on LGBT issues for the 113th Congress.

While passage of any such legislation would be challenging as long as Speaker John Boehner (R-Ohio) is the presiding officer of the U.S. House, Pocan says he sees opportunities in working across the aisle. In particular, he wants to build support for legislation known as the Domestic Partnership Benefits & Obligations Act, which would provide federal workers with health and pension benefits for their same-sex partners.

A federal employee himself, Pocan found that he was unable to obtain federal benefits for his spouse, even though they were legally married in Canada, when he began his tenure in Congress — as was the person who was informing him he’d be ineligible.

“The person who was briefing me on my benefits, she and her partner don’t have benefits,” Pocan said. “So even the benefit designee, the person who’s a professional, she can’t get benefits for her partner. So, it’s a pervasive problem for federal employees. That’s an important bill, and we’ve got bipartisan support and we’re working on that so we can introduce it with strong support from day one.”

A member of the House Committee on Oversight & Government Reform, which would have jurisdiction over the legislation, Pocan says he expects introduction of the legislation next month. Although a Supreme Court ruling against the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, may make the legislation unnecessary, Pocan says plans for legislation are underway because there’s no telling how the court will rule.

In the meantime, Pocan is working within the system in Congress for greater equality for he and his spouse. The couple say they’re seeking from the House Sergeant at Arms an administrative change with the help of House Minority Leader Nancy Pelosi (D-Calif.). While his spouse was given a congressional pin that identifies him as spouse, Frank’s ID gives him the lesser distinction of designee.

“So he’s not treated equally, even though we’re legally married six-and-a-half years,” Pocan says. “So we’ve been working on that issue, trying to get that to change. For the last three months, we’ve been pushing to try to make them realize that we are legally married. What is their measure to say he’s a designee?”

Another LGBT issue that concerns Pocan is LGBT youth homelessness. That issue hits close to home; Pocan says an LGBT constituency group in Wisconsin informed him that about 400 people in Milwaukee who are homeless are LGBT youth.

Pocan says he intends to highlight an upcoming report from the Department of Housing & Urban Development to bring greater awareness to the issue of LGBT youth homelessness and has brought up the issue with the LGBT Equality Caucus.

“We realized the HUD report is coming this year, so now we’re partnering with some national groups on this, and we’re actually going to have something where we invite other national groups to Congress to talk about that,” Pocan says. “So, we’re just kind of getting that structure together to realize how we can have that magnified voice.”

The Wisconsin lawmaker comes to Congress after having served for 14 years as a member of the Wisconsin State Assembly, and, for a time, as the State Assembly Budget Committee chair, which under his jurisdiction passed a domestic partnership laws for gay couples in the state and allowed state universities to provide benefits for employees with same-sex partners. It was the first state to do so even with a draconian state constitutional amendment on the books barring same-sex marriage and marriage-like unions.

For Pocan, the most glaring difference between serving as a state lawmaker and a member of Congress is the partisanship that pervades Congress. Pocan was particularly disappointed that during freshmen training for new members of Congress, Democrats and Republicans were separated with the exception of one dinner and one reception.

“They kind of taught you bad behavior from day one,” Pocan said, “I’ve always worked on a finance committee for six of my years. I was co-chair there for two years, where I spent eight hours a day, three days a week for three or four months every other year putting a budget together with the other party and actually working on stuff.”

But Pocan has taken it upon himself to get acquainted with fellow lawmakers on the other side. One surprising person with whom he’s formed a friendship: Rep. Jim Jordan (R-Ohio), an anti-gay lawmaker who was among the chief voices calling for congressional action against the marriage equality law in D.C.

Part of their friendship is the result of Jordan attending University of Wisconsin, Madison, where he wrestled, and having kids who also attend that school.

“I signed on to his bill to keep wrestling in the Olympics because he cares about wrestling,” Pocan says. “I’m trying to build those relationships because we’ve talked about not only getting together while he’s in Madison, but he also wants to get on this one conservative radio show. I said I can get you on there, she hates me.”

Pocan can’t stay in his office speaking with the Blade long before he’s headed to his next engagement: speaking to eighth-graders from the Eagle School for Gifted Students who are on a field trip visiting Capitol Hill.

For 30 minutes, Pocan talks to the students about his job as a member of Congress and fields questions about the legislative process. Among the questions are continued funding for the U.S. Post Office and environmental issues, but he also receives a question from a student on what he can do to bring marriage equality to Wisconsin.

Pocan responds by saying the effort will be difficult because Wisconsin “put hate” in the constitution by amending it to ban same-sex marriage, but notes the progress made when domestic partnerships were enacted into law.

“It’s not full equality, but at least we were able to do something in Wisconsin,” Pocan says. “So we’ve got some minor protections in place, but I think the big thing we’re all watching is the Supreme Court case that was just heard a couple weeks ago to see what decision they make.”

The Wisconsin lawmaker urged the student to take heart because the country is moving ahead of leaders and pointed to recent polls showing a majority of the American public — and 80 percent of America’s youth — back marriage rights for gay couples.

“This is really I think a civil rights issue of our generation, and I’m hoping we’ll have good resolution with the courts, but more importantly, the public is there, we just have to get our leaders to actually lead,” Pocan said.

Bill Clinton’s desperate bid to rewrite history

Former President Bill Clinton today penned an op-ed for the Washington Post, disavowing the discriminatory and unconstitutional Defense of Marriage Act that he signed into law 17 years ago.

It’s a typically cynical, desperate bid to rewrite history.

Clinton now suggests that his support for DOMA was really intended to thwart a constitutional amendment that would have banned marriage equality for a generation or more.

The truth is that Clinton said at the time that he “had long agreed with the principles in the bill but hoped it would not be used to justify discrimination against homosexuals,” according to the New York Times. Of course, the point of DOMA was to discriminate. What’s worse, Clinton bragged about his support for DOMA in radio ads during his 1996 re-election campaign against former Sen. Bob Dole, after criticizing Republicans for “gay-baiting.” In the same ads currying support among Christian conservatives, Clinton announced his newfound support for abortion restrictions.

Nearly a year after President Obama’s courageous endorsement of marriage equality, Clinton chimes in from the safe confines of retirement. Meanwhile, Hillary, still adored by legions of gay fans waiting breathlessly for 2016, has yet to utter a word about marriage.

Clinton’s op-ed is a naked attempt to get on the right side of history before the Supreme Court strikes down DOMA. He sounds desperate, highlighting the fact that “DOMA came to my desk, opposed by only 81 of the 535 members of Congress.” That only makes his support worse — at least 81 other politicians at the time had the sense and foresight to oppose the discriminatory measure. The op-ed, of course, contains no apology from Clinton for enacting the most hideous piece of anti-gay legislation ever conceived in this country. DOMA has literally destroyed the lives of countless couples — from the financial ruin triggered when a surviving partner is faced with crippling tax bills to the separation of thousands of bi-national couples forced to choose between love and country.

But never mind all those ruined lives. Clinton was just trying to spare us a constitutional amendment. Cue the parade of gay rights advocates, who will commence tripping over themselves to praise Clinton’s bold stance for equality. HRC’s Chad Griffin has already called Clinton’s op-ed “eloquent.”

If we’re going to so easily forgive and forget Clinton’s anti-gay sins, then our advocates should be consistent and shower former RNC Chair Ken Mehlman with similar praise and awards. As horrible as Mehlman’s record is, at least no one ever elected him president; and he’s been working hard to raise money for marriage equality since coming out of the closet and repudiating his own dirty deeds.

This warm-and-fuzzy new era of gay love is gratifying for those of us who’ve been working for change for years and decades. And although we should welcome converts to the cause, we must not forget the past or rewrite the ugly history that relegated LGBT people to second-class status. Clinton represents cynicism and politics at its most self-aggrandizing. Obama is the real deal — the president who is leading Americans to a true revolution in thinking on LGBT equality.

LGBT immigration group takes part in White House meeting

Rachel Tiven, Immigration Equality, gay news, Washington Blade

Executive Director of Immigration Equality Rachel Tiven took part in immigration talks at the White House. (Blade file photo by Michael Key)

Finding a legislative solution to ensure same-sex bi-national couples remain together in the United States is receiving renewed attention as an LGBT immigration group took part in White House talks on Tuesday on comprehensive reform.

President Obama held two separate meetings at the White House on Tuesday to encourage support for his vision for comprehensive immigration reform, which includes — as laid out last week in his plan — a provision that would enable gay Americans to sponsor a same-sex foreign partner for residency in the United States.

The meeting in the morning was with 16 immigration and progressive groups, such as the AFL-CIO, the Center for American Progress, the National Council of la Raza, the National Immigration Forum; the meeting in the afternoon was with 12 business leaders, such as the Goldman Sachs Group, Yahoo!, Deloitte LLP, and the Coca-Cola company.

Rachel Tiven, executive director of Immigration Equality, was among those who participated in the meeting with progressive groups and was the sole LGBT group at the table.

“I think it was really an affirmation of the strategy that Immigration Equality has developed over many years, which is that we wanted to be just as much the LGBT group at the immigration table, as we had already become the immigration group at the LGBT table,” Tiven said.

While straight Americans can sponsor their foreign spouses for a green card through a marriage-based application, gay Americans are unable to do the same because of the Defense of Marriage Act and because they cannot marry in many places within the country.

Tiven said she sought additional comments from Obama on bi-national same-sex couples during the meeting beyond the plan he presented last week, but wouldn’t elaborate because of the off-the-record nature of the discussion.

“I think what’s notable is the president is a busy guy, he doesn’t waste time, so he is committed to LGBT-inclusion because he believes it moves the bill forward,” Tiven said. “The advantage to pushing immigration reform forward is to include LGBT families, so that LGBT people can bring the political power that we brought to ‘Don’t Ask, Don’t Tell’ repeal, to the landslide on marriage equality that we saw on Nov. 6 and everything else that we’ve accomplished over the past couple of years to comprehensive immigration reform.”

A White House spokesperson didn’t respond to a request for comment on what was said during the meeting about the inclusion of bi-national same-sex couples in immigration reform.

Although Obama has called for the inclusion of bi-national couples as part of comprehensive immigration reform, a Senate framework made public last week by a bipartisan “Gang of Eight” doesn’t include such language. Sen. Chuck Schumer (D-N.Y.), one of the Democrats involved the discussions, said the issue of bi-national couples hasn’t yet come up in talks, although Republicans involved have been resistant to the idea — most notably Sen. John McCain (R-Ariz.), who’s called inclusion of the language a “red herring.”

Nadler reintroduces UAFA

On the same day as the White House meeting, Rep. Jerrold Nadler (D-N.Y.) reintroduced into the U.S. House, as reported by the Washington Blade earlier in the week, standalone legislation that would enable gay Americans to sponsor “permanent partners” of the same-sex for residency in the United States.

“Our Constitution guarantees that no class of people will be singled out for differential treatment – and LGBT Americans must not be excluded from that guarantee,” Nadler said in a statement. “Moreover, any serious legislative proposal for comprehensive immigration reform absolutely must include gay and lesbian couples and their families.”

The legislation has the same degree of bipartisan support that it enjoyed at the end of the last Congress. Reps. Charles Dent (R-Pa.) and Richard Hanna (R-N.Y.) are original co-sponsors. Other supporters are House Minority Leader Nancy Pelosi (D-Calif.), House Minority Whip Steny Hoyer (D-Md.), immigration reform advocate Rep. Luis Gutierrez (D-Ill.) as well as the openly LGB members of the House: Reps. Jared Polis (D-Colo.), David Cicilline (D-R.I.), Sean Patrick Maloney (D-N.Y.), Kyrsten Sinema (D-Ariz.), Mark Pocan (D-Wis.) and Mark Takano (D-Calif.).

“Discrimination of any kind, including against same-sex marriages, has no place in our nation,” said Hoyer in a statement. “I am proud to stand with Representative Nadler as he reintroduces the Uniting American Families Act to ensure that our laws protect and treat committed bi-national same-sex couples with the respect they deserve.”

Sen. Patrick Leahy (D-Vt.) has said he plans to reintroduce companion legislation in the Senate at a later time. Rep. Mike Honda (D-Calif.) has indicated he’ll introduce next week the Reuniting Families Act, family reunification legislation that includes language for bi-national couples.

Nadler to reintroduce immigration bill on Tuesday

Jerrold Nadler, U.S. House of Representatives, congress, gay news, Washington Blade

Rep. Jerrold Nadler (D-N.Y.) is set to reintroduce UAFA on Tuesday. (Washington Blade file photo by Michael Key)

Rep. Jerrold Nadler (D-N.Y.) is set to reintroduce legislation on Tuesday that would enable gay Americans to sponsor their foreign partners for a green card as debate continues over whether such language should be included as part of comprehensive immigration reform.

The legislation, known as the Uniting American Families Act, is expected to be introduced in the U.S. House but not the Senate, according to two sources familiar with the bill.

Although information on co-sponsors wasn’t immediately available, the bill is expected to have bipartisan support. Last year, the bill found support from Reps. Charlie Dent (R-Pa.) and Richard Hanna (R-N.Y.) in the lame duck session of Congress in addition to the 145 Democrats who supported the bill.

Introduction of UAFA in the Senate isn’t expected to be concurrent with House version. Sen. Patrick Leahy (D-Vt.) has pledged to reintroduce the legislation in that chamber. It’s unclear when the Senate companion of UAFA would be introduced.

The issues faced by bi-national same-sex couples have received renewed attention as Congress has begun debating legislation to reform U.S. immigration code. While straight Americans can sponsor their foreign spouses for a green card through a marriage-based application, gay Americans are unable to do the same because of the Defense of Marriage Act and because they cannot marry in many places within the country.

President Obama called for inclusion of UAFA-like language as part of comprehensive immigration reform. However, the Senate framework produced by the bi-partisan “Gang of Eight” doesn’t include such language, and Republicans involved with the group — most notably Sen. John McCain (R-Ariz.) — haven’t indicated support over its inclusion.

White House mum on inaugural pastor’s anti-gay sermon

White House Press Secretary Jay Carney answers questions at the White House daily briefing

White House Press Secretary Jay Carney had no comment on Pastor Louie Giglio’s anti-gay sermon. (Blade file photo by Michael Key)

White House Press Secretary Jay Carney declined to answer questions Wednesday about a new report that the Georgia-based pastor selected to give the benediction for President Obama’s inaugural once held vehemently anti-gay views.

Asked by the Washington Blade whether the White House has a problem with the views reportedly expressed in a sermon by Louie Giglio — which include support for widely discredited “ex-gay” therapy and urging Christians to prevent the “homosexual lifestyle” from being accepted in society — Carney said he hasn’t seen the ThinkProgress report and deferred comment to the Presidential Inaugural Committee.

“I haven’t seen that report,” Carney said. “I would refer you to the inaugural committee. I haven’t seen the report.”

Asked to clarify whether the administration was unaware of the sermon before the selection was made, Carney reiterated, “I’m saying that I haven’t seen the report.”

The inaugural committee didn’t immediately respond to the Blade’s request for comment on Giglio’s remarks.

The Blade’s questioning about Giglio came later in the briefing after ABC News’ Jonathan Karl — referencing new objections from Sen. Ben Cardin (D-Md.) — asked Carney about 1998 anti-gay remarks that defense secretary nominee Chuck Hagel made that have stirred controversy in the LGBT community. Carney noted Hagel apologized for those remarks.

“I think Sen. Hagel was very clear about the fact that he thought those comments were not appropriate,” Carney said. “He regretted them, and they don’t represent the totality of his views. I would point to the statement he made.”

Carney added the Senate will have “the opportunity through the confirmation process as they do traditionally and repeatedly to ask him questions about his views on this” issue, and — touting Obama’s support for the LGBT community — said Hagel would execute Obama’s policy as directed. Outstanding LGBT issues that remain at the Pentagon include certain partner benefits, the lack of non-discrimination policies and prohibition of openly transgender service.

“The secretary of defense — Sen. Hagel, when he is confirmed as we hope he will be — carries out the president’s policies and, I think, the president’s policies on LGBT issues are both commendable, supported by the LGBT community and will continue to be the policies of this administration as long as President Obama is in office,” Carney said. “So, again, I think you’ve seen what Sen. Hagel said about this, and the president is very confident that Sen. Hagel will be confirmed and that he will be an excellent secretary of defense and will implement all of the president’s policies with regards to the Defense Department.

The Blade concluded its questioning by noting both Hagel’s 1998 anti-gay remarks and the anti-gay sermon from the 1990s from Pastor Giglio and asking whether the administration had a kind of statute of limitations for when someone can make such comments and still be deemed acceptable by the administration.

“I think I’ve addressed the question about Sen. Hagel,” Carney replied. “And I would simply point you to President Obama’s record on LGBT issues as representative of his beliefs, convictions and his policies, and where he believes this country is moving and where he hopes to lead it.

A partial transcript of the exchange between reporters and Carney on Hagel and Giglio follows:

ABC News: If I could just ask you about Chuck Hagel, who was criticized pretty strongly today by Ben Cardin, who’s not a exactly an arch-conservative here. Certainly, right in the mainstream of the Democratic Party, one of the things he raised was the comments that Hagel made against James Hormel, which had come under fire by gay groups. I’m wondering if you could help me understand, he made those comments 15 years ago, calling James Hormel aggressively and didn’t apologize for them until a month ago when it was clear that he was in the running to named secretary of defense. Why that kind of a delay and does he have to explain why 15 years of those comments —

Jay Carney: I think Sen. Hagel was very clear about the fact that he thought those comments were not appropriate. He regretted them, and they don’t represent the totality of his views. I would point the statement he made.

ABC News: But 15 years later —

Carney: Senators will have the opportunity through the confirmation process as they do traditionally and repeatedly to ask him questions about his views on this. The secretary of defense — Sen. Hagel, when he is confirmed as we hope he will be — carries out the President’s policies and, I think, the President’s policies on LGBT issues are both commendable, supported by the LGBT community and will continue to be the policies of this administration as long as President Obama is in office. So, again, I think you’ve seen what Sen. Hagel said about this, and the President is very confident that Sen. Hagel will be confirmed and that he will be an excellent secretary of defense and will implement all of the President’s policies with regards to the Defense Department.

Washington Blade: The website ThinkProgress is reporting that the Pastor Louie Giglio, whom President Obama selected to deliver his inaugural benediction, held vehemently anti-gay views in the 1990s. In a recording attributed to him from that time, Giglio advocates for widely discredited “ex-gay” therapy, references a biblical passage often attributed to require gay people to be executed and impels Christians to “firmly respond to the aggressive agenda” and prevent the homosexual lifestyle from becoming adopted in society. Does the White House have a problem with Obama’s inaugural pastor holding those views?

Jay Carney: I haven’t seen that report. I would refer you to the inaugural committee. I haven’t seen the report.

Blade: So it’s fair to say that the administration was not aware of this sermon before the selection was made?

Carney: I’m saying that I haven’t seen the report.

Blade: The news is breaking days after the President nominated Chuck Hagel, whom, as you acknowledged, made those 1998 anti-gay comments against Jim Hormel. Is there some kind of statute of limitations on when someone can make anti-gay remarks and still deemed acceptable by the administration, and if so, what is it?

Carney: I think I’ve addressed the question about Sen. Hagel, and I would simply point you to President Obama’s record on LGBT issues as representative of his beliefs, convictions and his policies, and where he believes this country is moving and where he hopes to lead it.