What this GOP Takeover Means for LGBT Issues in the US




Republican Party LGBT, United States Senate, Tom Cotton, Shelley Moore Capito, Mitch McConnell, Mike Rounds, gay news, Washington Blade
From left, Rep. Tom Cotton (R-Ark.), Rep. Shelley Moore Capito (R-W.Va.), Sen. Mitch McConnell (R-Ky.) and former Gov. Mike Rounds(R-S.D.) are responsible for Republican gains in the U.S. Senate. (Photos public domain)
When the polls closed on Tuesday, the Republican takeover of the U.S. Senate made clear further advancement of LGBT rights in Congress became a lot more complicated — if not totally put on ice.

Shortly after 11:20 pm, the Associated Press reported Republicans won control of the Senate — presumably clearing the way for Sen. Mitch McConnell to become Senate Majority Leader — by picking up seats in Iowa, North Carolina, Colorado, Arkansas, West Virginia, Montana and South Dakota. Additionally, media outlets projected Republicans would win about 10 seats in the U.S. House.
Gregory T. Angelo, executive director of the Log Cabin Republicans, said the GOP gains will be a test for LGBT groups on whether they’re willing to work in a bipartisan fashion in the 114th Congress.

“This is really a time of choosing for LGBT advocates on the left,” Angelo said. “Do you support the left agenda, or do you actually support equal rights for Americans? Those who fall in the latter category are going to be the ones who are going to be come to the table with Republicans and find solutions, ways to pass things, like employment protections for LGBT individuals, that also reach consensus among Republicans.”

Angelo said he’ll meet with Log Cabin’s board of directors in January to discuss priorities, but one area of interest for which he’s seen a “tremendous appetite” among Republicans on Capitol Hill — even if they’re not on board with other pro-LGBT initiatives — is confronting human rights abuses against LGBT people overseas.

One bill that LGBT advocates may continue to push is the Employment Non-Discrimination Act, legislation that would bar employers from engaging in anti-LGBT bias in the workplace. There’s also interest in a comprehensive civil rights bill, which has been endorsed by the Human Rights Campaign, which would institute LGBT protections in employment, public accommodations, housing, credit, education and federal programs.

But Republican control may put the kibosh on these bills in the upcoming Congress, let alone versions of the legislation sought by LGBT advocates that would narrow the religious exemption along the lines of Title VII of the Civil Rights Act of 1964.
Jeff Cook-McCormac, senior adviser to the pro-LGBT Republican group American Unity Fund, nonetheless said he sees a way forward if an “authentically bipartisan strategy” is applied.

“Instead of being contentious, we’re going to have to meet Republican legislators where they are and engage in thoughtful conversations about the time in which they have the level of comfort to move legislation forward,” Cook-McCormac said. “I think it presents both new challenges and new opportunities for the movement to advance these issues.”
An important part of this strategy, Cook-McCormac said, is making sure Republican members are carrying bills of interest to the LGBT community in consultation with Democratic allies in Congress.
“With regard to advancing the ball forward on an issue that garners broad bipartisan support like non-discrimination, I think there will be an increasing level of interest,” Cook-McCormac added.

Even with Democratic control of the Senate, the current Congress didn’t yield much pro-LGBT legislation. A version of ENDA passed the Senate on a bipartisan basis last year, but the House Republican leadership never brought up the measure.
The one exception to the inaction on LGBT legislation was reauthorization of the Violence Against Women Act, which included non-discrimination protections for victims of domestic violence based on sexual orientation and gender identity.

Jerame Davis, executive director of the LGBT arm of the AFL-CIO known as Pride at Work, predicted more of the same inaction on LGBT legislation when Congress reconvenes in January thanks to Republican victories on Election Day.
“I think it means more gridlock and no movement on LGBT issues in Congress,” Davis said. “We’ve been, as you know, waiting for something akin to the Employment Non-Discrimination Act to pass Congress for over 30 years and with a Republican-controlled Senate, we’re not likely to see movement. In fact, the last time that ENDA made any movement was in the Senate, and the Republican takeover means that bill is certainly dead in that house of Congress.”

With movement on pro-LGBT legislation in question, advocates may be looking elsewhere in arenas other than Congress to advance LGBT rights.
That includes action from Obama, whom advocates are pushing to lift the ban on transgender service in the U.S. military, and the courts, which are still issuing decisions on marriage equality and may soon interpret existing civil rights law to bar workplace discrimination based on sexual orientation.

Davis said LGBT advocates will increasingly turn to state legislatures to act on initiatives if federal pro-LGBT bills continue to languish in Congress.
“Labor contracts protect LGBT union workers even in states with no legislative protections, but that’s not always an option,” Davis said. “Until Congress can pass a clean version of ENDA without extraneous religious exemptions, we will have to look to state legislatures to pick up the slack.”

 washingtonblade. 

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