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ENDA: 38th Time Is The Charm, They Say!

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Editor’s note: This guest post is by Scott Wooledge who also writes at Daily Kos under the handle Clarknt67.
Read Scott’s most recent previous post here, “One Of The White House 13 Anti-DADT Protestors, Facing Jail: “Try Me.”

 

The Employment Non-Discrimination Act (ENDA) is being introduced into the House this morning. Press release from Barney Frank’s office:

BARNEY FRANK AND COLLEAGUES TO HOLD PRESS CONFERENCE ON THE EMPLOYMENT NON-DISCRIMATION ACT (ENDA)

WASHINGTON — On Wednesday morning, March 30th, Congressman Barney Frank and other prominent Members of the House of Representatives will make an important announcement about the Employment Non-Discrimination Act.

The legislation would extend federal employment laws, which currently prevent job discrimination on the basis of race, religion, gender, national origin, age, and disability, to also cover sexual orientation and gender identity. The bill applies both to the public and private sectors.

On the night before the event, Frank said that “passing an inclusive ENDA is a difficult but winnable fight – winnable if supported by a serious lobbying effort. The bill we are about to introduce provides an important vehicle for that effort.”

Although some states have passed laws to prevent such discrimination, it is legal in 29 states to discriminate on the basis of sexual orientation, and legal in 38 states to discriminate on the basis of gender identity. According to research by the Williams Institute, there is an ongoing pattern of discrimination on the basis of sexual orientation and gender identity nationwide.

In attendance: Rep. Barney Frank, joined by Rep. George Miller, Rep. Jared Polis and other cosponsors of the legislation. Also present will be representatives of leading LGBT equality, civil rights and social justice organizations.

Well, isn’t that special?

Now, Dear Reader, before you burst out of closet and into the corner office, and treat your Boss to a rousing rendition of “I Am What I Am,” maybe take a moment to peruse the ENDA Timeline Of Broken Promises, provided by GetEqual. Well, maybe more than a moment, it’s really very long and it begins:

March 14, 1974— On the fifth anniversary of the Stonewall Rebellion, Rep. Bella Abzug (D-NY) and Rep. Ed Koch (D-NY) introduce H.R. 14752, dubbed the “gay rights bill” or “Equality Act of 1974,” but it fails to make it out of committee. It proposes that new categories of sex, sexual orientation and marital status be added to the 1964 Civil Rights Act. Abzug’s version bars anti-gay discrimination in public accommodations and housing, but not transgender protections.

Fast-forward over the next 37 years, much changes, employment and gender expression are added, accommodations lost. It’s now 2010, but the song remains the same: “failed to get out of committee.”

This despite a May 2007 Gallup poll, one of many, that showed overwhelming support for the principle of equal job opportunities for lesbian and gay Americans, 89%! Heck, a 2001 Harris poll that showed that 42% of Americans believed such a law already exists.

Look, Congress Critters, I suppose it doesn’t hurt anyone if you want to keep doing these little, queer, dog and pony shows, year after year after year. Toss me my rainbow pom-poms! Yay! Go Gay Rights! But the fact remains, we can’t help you if you insiders won’t tell us; what is the real problem with this frickin’ bill?

Because, we don’t know.
What we do know is you had a golden opportunity to finally pass this bill in 2009 and 2010. And all we got were assurances from Rep. Frank, Speaker Pelosi, Jared Polis, Tammy Baldwin, Joe Solomnese and other so-called insiders that “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming…”

Psst? You know what? It never came. ENDA is the trick from Hell. And it can have its $20 back. We just want a cigarette break now.

Barney? Jared? Joe Solomnese?

We’ve made the calls, wrote the letters. We’ve been doing it for years. We’ve talked our family and friends’ ears off. We’ve talked strangers’ ears off, some of us for 37 years. The voters are there. We’ve turned the public opinion overwhelmingly to the side of equality. That’s right! They’re there! America’s on board with the idea. And we’ve even taken to making a nuisance of ourselves to make you guys take a vote on it.

Gay activists shut down traffic in Las Vegas, July 2010, calling on Congress to pass ENDA.

 

Now, you tell us. What more do you need from us?

I’m stumped. I’m not the only one. White House correspondent, and Equality Matters principle and LGBT politico extraordinaire Kerry Eleveld wrote just last month:

Second, although I have asked a good number of questions about ENDA and its prospects for a vote, I still can’t tell you why it never happened. Meanwhile, I can recall with decent clarity nearly every twist and turn of the battle to pass “don’t ask, don’t tell” (DADT) repeal. This is not due to a bias on my part, but is rather indicative of the fact that no one seemed willing to talk with any specificity about what was or wasn’t happening with ENDA.

Because, I have to be frank with you, Frank. When you say you the bill is “winnable if supported by a serious lobbying effort,” a couple things go through my mind. One, you guys can’t get a bill passed that consistently polls in the 80%? Why are we sending you guys to DC?

And it’s really hard to get ourselves pumped up year after year to work for a bill, when it really doesn’t seem like anyone in charge is serious about actually passing it. Democrats’ well of credibility has run dry on this issue. Yours in particular, Rep. Frank.

Particularly when you yourself spoke just six months ago to our community on the prospect of LGBT legislation passing in Congress under the Republican-controlled House:

“Next year there’s no chance of anything happening,” he said of pro-LGBT legislation. “There’s zero chance.”

It was the one time I wasn’t skeptical of you. Now you’re telling us to lobby hard? Maybe you should think about giving the ground troops a year off so you guys in DC can regroup and come up with a serious strategy for actually getting this bill passed. And let us know what you come up with, because this isn’t working.


For more ENDA news, see also The Bilerico Project. Tico Almeida served as the lead counsel on the proposed Employment Non-Discrimination Act (ENDA) in the U.S. House of Representatives. He has some interesting history, insights and strategy suggestions there.

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Trump Sues Murdoch Over WSJ’s Epstein Birthday Letter Story

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President Donald Trump is reportedly suing Rupert Murdoch and Dow Jones, the parent company of The Wall Street Journal, over the publication of a story alleging he sent a “bawdy” birthday letter in 2003 to Jeffrey Epstein, the now-notorious convicted sex offender who died in 2019.

“Court records show that Trump filed a lawsuit alleging libel against Murdoch, the Journal’s publisher, Dow Jones, and the reporters who wrote the article in federal court for the Southern District of Florida,” CNBC reported late Friday afternoon.

Trump vehemently denied the Journal’s report and publicly threatened to sue after it was published. The Journal had reported in its story that Trump had warned he would take legal action if the story ran.

“The Wall Street Journal printed a FAKE letter, supposedly to Epstein,” Trump wrote on his Truth Social platform Thursday night. “These are not my words, not the way I talk. Also, I don’t draw pictures. I told Rupert Murdoch it was a Scam, that he shouldn’t print this Fake Story. But he did, and now I’m going to sue his a– off, and that of his third rate newspaper. Thank you for your attention to this matter! DJT”

READ MORE: FBI Told to Flag Mentions of Trump in Epstein Files, Dem Says in Scathing Letter to Bondi

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FBI Told to Flag Mentions of Trump in Epstein Files, Dem Says in Scathing Letter to Bondi

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One thousand employees of the Federal Bureau of Investigation sifting through thousands of pages of the Epstein files were instructed to flag any mentions of President Donald Trump, according to Democratic U.S. Senator Dick Durbin, the Ranking Member of the Judiciary Committee.

“According to information my office received,” Senator Durbin wrote in a letter (below) to U.S. Attorney General Pam Bondi on Friday, “you…pressured the FBI to put approximately 1,000 personnel…on 24-hour shifts to review approximately 100,000 Epstein-related records in order to produce more documents that could then be released on an arbitrarily short deadline.”

“My office was told that these personnel were instructed to ‘flag’ any records in which President Trump was mentioned,” Durbin charged.

The files are from the criminal investigation into the notorious Jeffrey Epstein, who was convicted of child sex offenses.

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In his letter, Senator Durbin also posed a series of more than a dozen questions to Bondi. Among them:

“Have you personally reviewed all files in DOJ’s possession related to Jeffrey Epstein?”

“The records DOJ released on February 27 did not include a client list. Why did you
publicly claim on February 21 that the client list was ‘sitting on my desk right now to review’?”

“Why were personnel told to flag records in which President Trump was mentioned?”

“Please list all political appointees and senior DOJ officials involved in the decision to flag records in which President Trump was mentioned.”

“What happened to the records mentioning President Trump once they were flagged?”

CNBC reported that “Durbin asked the Justice Department and FBI to explain what his office called ‘apparent discrepancies’ regarding handling of the Epstein files and findings from a Justice Department memo.”

In his four-page letter, Durbin also wrote, “in 2002, Mr. Trump said of Mr. Epstein, ‘I’ve known Jeff for 15 years. Terrific guy, He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side.’ Just yesterday, it was reported that the Department previously reviewed a ‘leather-bound album’ comprised of dozens of letters from Mr. Epstein’s friends in celebration of his 50th birthday in 2003.”

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“The letters were collected by Mr. Epstein’s partner Ghislaine Maxwell and included one from President Trump that allegedly ‘contains several lines of typewritten text framed by the outline of a naked woman, which appears to be hand-drawn with a heavy marker … and the future president’s signature is a squiggly ‘Donald’ below her waist.'”

“Despite tens of thousands of personnel hours reviewing and re-reviewing these Epstein- related records over the course of two weeks in March, it took DOJ more than three additional months to officially find there is ‘no incriminating ‘client list,’ and the memorandum with this finding includes no mention of the whistleblower or additional documents, the existence of which you publicly claimed on February 27.”

Read a copy of Senator Durbin’s letter below or at this link.

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‘Would the President Say This?’: Rubio Demands Diplomats Echo Trump

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U.S. Secretary of State Marco Rubio, after cutting 1,300 employees last week, is now ordering diplomats to not comment on foreign elections and internal affairs—limiting official communications to congratulating the declared winner.

“Rubio has instructed U.S. diplomats not to comment on the legitimacy or fairness of foreign elections, breaking with decades of American diplomatic practice,” The Daily Beast reports. In a memo, the Secretary stated that U.S. missions will no longer issue election-related statements unless there is a “clear and compelling” foreign policy reason for doing so.

“Diplomatic personnel writing official messages are instead instructed to ask themselves: ‘Would the President say this?'”

The memo, seen by Reuters, says the messages “should be brief, focused on congratulating the winning candidate and, when appropriate, noting shared foreign policy interests.”

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The memo makes clear, based on President Trump’s remarks, that the U.S. will “pursue partnerships with countries wherever our strategic interests align,” regardless of democratic values.

U.S. promotion of human rights, democracy, and press freedoms has traditionally been a “core foreign policy objective,” Reuters reported.

“Under Trump, the administration has increasingly moved away from the promotion of democracy and human rights, largely seeing it as interference in another country’s affairs.”

The Washington Post adds that for “decades, the United States has offered judgments on whether elections were conducted in a free or fair matter [sic], a judgment that can have significant impact in countries.”

“Scholars have accused the United States of democratic backsliding since Trump, who refused to accept the results of the 2020 presidential election, returned to office this year.

President Trump and Vice President JD Vance have defended right-wing and far-right political groups, including Germany’s Alternative for Germany (AfD) party, which reportedly has ties to right-wing extremists.

Secretary Rubio in May ignited a “spat” with Germany’s foreign ministry when it “hit back…after he criticized the decision to classify the Alternative for Germany party as a ‘right-wing extremist’ organization,” the Associated Press reported at the time.

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