Trump/Pence — Worse than you think!
Unless you have been living asleep or totally isolated since last November 9 or even January 20 of this new year and you identify as transgender or even LGBT or one of several non Aryan and non Christian minorities, you probably have, to one degree or another, an enhanced degree of anxiety or fear for your own self.
This past Friday, January 27, 2017, I read some encouraging yet wary words from NCTE, the National Center for Transgender Equality a well respected and competent group of policy experts and advocates representing the trans community in the DC Beltway.
“The EEOC is Independent—and Still Open for Business”
“With President Trump and his anti-labor, anti-LGBT appointees threatening to roll back many critical protections for workers, for LGBT people, and for many marginalized communities, many people aren’t sure what the new administration means for people’s right to work without fear of discrimination or mistreatment. Many of us are justifiably concerned that the Trump administration will undo the incredible progress we’ve made around workplace discrimination over the past few years.
“While there are a number of things that the Trump administration might do to erode workplace protections, he can’t stop workplace nondiscrimination laws from being enforced . . . Federal employment nondiscrimination laws are enforced by an agency called the U.S. Equal Employment Opportunity Commission, or the EEOC. The EEOC . . . unlike most other federal agencies . . . is an independent agency. . . .Trump can also choose the agency’s General Counsel, but they won’t have any power to change the EEOC’s legal position — they only have a say about which cases the EEOC brings to court.”
NCTE felt that the EEOC can continue its prioritization of investigating and resolving complaints of workplace discrimination of LGBT people in the coming months and “that (transgender) people who face discrimination on the job will still likely have the EEOC and federal law on their side in the months to come. In fact, just this week, the EEOC filed a lawsuit against an Arizona restaurant for sexual orientation discrimination.”
Later that same day I read on a Slate Blog that “Due to “Administration-Related Changes,” the EEOC May Withdraw From a Trans Rights Case”
“For several years, the EEOC has represented Amiee Stephens in her lawsuit against her former employer, a funeral home. When Stephens told her manager that she was transitioning from male to female, he fired her, explaining that he could not tolerate her “dress[ing] as a woman” at work. The EEOC argued that this termination was unlawful under Title VII of the Civil Rights Act of 1964, which bars “sex discrimination,” including gender nonconformity. A federal judge, however, ruled that the funeral home had a religious right to fire employees for transitioning under the Religious Freedom Restoration Act, citing the Supreme Court’s Hobby Lobby decision. The EEOC announced its plans to appeal the judge’s dangerously incoherent ruling.
“But shortly after taking office, Donald Trump named EEOC Commissioner Victoria Lipnic as acting chair of the agency. Lipnic, a Republican, took over from Commissioner Jenny Yang, a Democrat, and was widely expected to move the agency in a more conservative direction. She may have already taken the first step. The EEOC’s opening brief at the U.S. Court of Appeals for the 6th Circuit was due on Thursday — but instead of filing it, the EEOC filed a request for a 30-day extension. It noted tersely that it “requests the extension because of Administration-related changes at the Commission.”
The general expectation and fear is that the “EEOC may be planning to withdraw from this case. And that “the agency may no longer pursue cases of anti-LGBTQ discrimination with the vigor that it did under Democratic chairs.” Currently, the five-member commission has one vacancy, which Trump will soon fill.
“Over the last eight years, the EEOC has developed several theories explaining why anti-gay and anti-trans discrimination in the workplace is already illegal under federal law. These theories are already being tested in federal court, and a majority of judges have thus far been receptive. Courts are not obligated to follow the EEOC’s position on employment discrimination, but its input is persuasive. The agency’s decision that anti-gay workplace discrimination is already illegal was decided by a 3–2 vote. A future Republican majority on the commission can reverse that position, and minimize the agency’s involvement in LGBTQ discrimination cases more broadly. In fact, that process has already begun.”
Meanwhile on Thursday evening I received an invite from US Senator Cory Booker to join in an LGBTQ roundtable on Sunday January 29, 2017. Of course, I jumped at the chance and said, Yes!
The next day I was notified that it was going to be held in Philadelphia in the “Gayborhood” at the Square One Coffee House and was to be a joint bi-state effort led by both NJ’s Senator Booker as well as Pennsylvania US Senator Bob Casey. I was joined by Pennsylvania’s State Representative Brian Sims, LGBTQ leaders representing Garden State Equality, Equality Pennsylvania, the Liberty City LGBT Democratic Club, The LGBTQ Home for Hope, the Philadelphia Gay News and other LGBT activists young and old from both states. The Square One Coffee House was packed with many activists!
We stated and discussed the challenges on the federal level that threatened to wipe out the amazing progress of the last eight years under President Obama and the current situation with Trump-Pence in the White House and a Republican controlled Congress.
Babs speaking to the meeting.
I reminded those present that the most vulnerable in our society were the transgender Americans, especially Trans people of color . . . Regarding our society’s ability to respect human civil rights, we “were the canaries in the coal mine!” Senator Booker recognized that 40% of Homeless youth were LGBT and acknowledged the spike in transgender hate crimes in the past year and Senator Casey was passionate about the need for passage of an inclusive LGBT Federal safe schools bill to prevent bullying.
We recognized the need to unite and work and fight together and discussed hard action steps that we can all take to resist the hate and oppression coming from the Trump administration!
Trump was a unifier for us as he attacks health care, the environment, women, education, immigration and equality, so that every issue facing our nation right now is also an LGBTQ issue and we all have a role to play in leading this resistance!
1) Donate to the organizations and individuals helping to lead these battles!
2) Show up, volunteer and join on the front lines!
3) Use every messaging tool you have to combat the racist, sexist, homophobic, transphobic, and xenophobic messages coming from Trump and the GOP!
This is just a start! We must stand up, step up and fight!
More to come!
Category: Transgender Community News, Transgender Opinion, Transgender Politics
About the Author (Author Profile)
Babs at 76 passed away in 2019. She was a member of the Executive Committee of the Democratic National Committee, Deputy Vice Chair of the NJ Democratic State Committee and Political Director of the Gender Rights Advocacy Association of NJ. She served on the Executive Committee of Trans United 4 Obama. She has served as Vice Chair of the DNC Eastern Caucus, was President of NJ Stonewall Democrats, Co-Chair of National Stonewall Democrats Federal PAC Board, Vice-Chair of Garden State Equality, Executive Board member of National Stonewall Democrats as Chair of the DNC Relations Committee and a member of the NJ Civil Unions Review Commission.Subscribe
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