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Family Equality Council On FMLA: Protecting Our Families When They’re Most Vulnerable

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This guest article is by Emily Hecht-McGowan, Director of Public Policy for Family Equality Council.

Today, we are celebrating the 20th anniversary of the Family Medical Leave Act (FMLA), and the inclusion of our families in this important law. Since 1993, Americans have accessed benefits under FMLA over 100 million times, and we’ve worked hard as a community to make sure this protection extends to our lives and our families.

What is the Family & Medical Leave Act?

FMLA is the only federal law that allows workers to take leave without endangering their job. Eligible workers can take up to 12 weeks of unpaid leave for health conditions, to bond with a new child, or to care for an ill family member.

Because of our work with the US Department of Labor and our national coalition partners, the FMLA coverage was expanded in 2010 to allow non-legally recognized parents to take leave when their children are sick. In other words, due to this change many of our families now have access to this critical family benefit – including same-sex spouses or domestic partners who are unable to adopt or otherwise become legal parents to the children they are raising.

These provisions can make a tremendous difference for our families, especially when we live in states that don’t permit joint or second-parent adoptions.

What impact does this have on Families? Gina, Pauline, and Lily’s experience with FMLA

Gina Patterson and her wife Pauline were one of the first same-sex couples married in New York – and at the time Pauline was three months pregnant with their daughter Lily. Full of hope for their life together and excited to be welcoming a daughter into their lives, Gina and Pauline were grateful to be happy, healthy, and legally recognized as a family.

When Lily was finally born, Pauline, as Lily’s biological mother, was able to take 12 weeks of paid leave to care for Lily – much like mothers across the country do every day.

But as many new parents know, those 12 weeks go by quickly. Lily wasn’t nearly ready for daycare, and as two working Moms — Gina works for the New York state court system and Pauline is a music publisher – they were facing difficult decisions just as all new parents must.

Knowing that she hadn’t yet had the chance to spend time watching their baby grow and develop and caring for her, and since Gina, a lawyer, knew her options under the expanded FMLA coverage, she applied to take federal unpaid child care leave to care for Lily.

Unlike most opposite-sex couples, who have less trouble accessing these programs and services, Gina was asked for a note from Lily’s pediatrician saying that she should be able to take time off to care for her daughter.  The FMLA expansion that our community secured in 2010 ensured that Lily never lacked the love and nurturing of both her parents could provide.

Because of Gina’s background in the law she was prepared for the amount of advocacy she would need to do on her own behalf to access this coverage – and Lily benefited from Gina’s knowledge and experience.

This is a common experience for many LGBT parents, whether at the doctor’s office or at their child’s school, but not all families are as informed about the law or as prepared to take on this added burden of explaining to schools, doctors, and employers about the vagaries of the legal ties many of us have to our children.

Fortunately, Gina’s workplace was a welcoming one and once the HR department confirmed that Gina was eligible as a parent standing in loco parentis to take leave to care for Lily, and she was able to get the time off she needed.

While Gina, Pauline, & Lily’s story has a happy ending, and baby Lily was never denied having loving mothers when she needed them most, many families have been denied this vital protection.

Where do we go from here?

Many parents are unaware that this coverage exists and not all of these stories are as cut and dry.

Mothers and fathers all over the United States should be able to care for their families in their most vulnerable times without endangering their job. Because of FMLA – and specifically the inclusion of our families in it – many parents who are LGBT are covered, and can focus on the important task of caring for their family.

We are looking forward to building on our successes and to ensuring that our families are completely protected and included. However, there are still important changes to be made. Right now, same-sex spouses/partners are not currently covered under FMLA, in part because of the Defense of Marriage Act (DOMA). We are continuing to work with the Obama administration and our organizational partners to make sure this law includes us completely. We support the Family and Medical Leave Inclusion Act, which would expand the Family and Medical Leave Act to permit an employee to take up to twelve weeks of unpaid leave from work to care for their same-sex spouse/partner with a serious health condition.

We also support the Healthy Families Act, a bill that would provide paid sick leave for all workers to care for their families, including LGBT parents and same-sex spouses/partners.

For more information on these issues, please visit our the Family Equality Council’s Advocacy Center.

The Family Equality Council is on Facebook and Twitter.

skitched-20130205-165923Emily Hecht-McGowan is the Director of Public Policy for Family Equality Council. She previously served as the Legal Director for Servicemembers Legal Defense Network where she assisted service members impacted by “Don’t Ask, Don’t Tell” and related forms of discrimination. Prior to her time with SLDN, Emily was the Assistant Section Director for the American Bar Association’s Section of Individual Rights and Responsibilities where she spearheaded the ABA’s civil rights, human rights and social justice policy work. Emily holds a BA in History from American University and a JD from the Columbus School of Law.  She lives in Takoma Park, MD with her wife Sharon and their daughter Sadie and their trusty beagle, Ellie.

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‘Fear Small Crowds?’: Trump and Team Mocked as ‘Snowflakes’ for Inauguration Move

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When Donald Trump raises his right hand on Monday to swear an oath to the U.S. Constitution as America’s 47th President, he will do so not as most Presidents have done, outside the U.S. Capitol in Washington, D.C., but inside. Amid forecasted temperatures in the mid-20s, Trump has decided to move the proceedings inside, a decision that was quickly met with mockery and prompted speculation about crowd size concerns.

Washington, D.C. suffers from — or boasts, depending on personal preference — a wide range of temperatures. In January, temperatures in recent years have ranged from a balmy 80 degrees (2024) to a frigid 5 degrees (2015). And while temperatures in the mid-40s are average for January, 24 degrees, the forecast for Inauguration Day, is not especially unusual.

“Due to the dangerously cold temperatures expected Monday, President-elect Trump’s inauguration is moving indoors. Expect Trump and Vance to be sworn in inside the Capitol Rotunda,” CNN’s Kaitlan Collins reported Friday. A short time later she added: “Trump confirms it’s moving inside, citing the danger posed to attendees by the cold. He says guests will be brought inside the Capitol.”

READ MORE: Biden Sparks Legal Battle by Declaring Equal Rights Amendment Is Now ‘Law of the Land’

Trump posted a dramatic explanation: “January 20th cannot come fast enough! Everybody, even those that initially opposed a Victory by President Donald J. Trump and the Trump Administration, just want it to happen,” he claimed.

“It is my obligation to protect the People of our Country but, before we even begin, we have to think of the Inauguration itself. The weather forecast for Washington, D.C., with the windchill factor, could take temperatures into severe record lows,” Trump also claimed.

“There is an Arctic blast sweeping the Country. I don’t want to see people hurt, or injured, in any way. It is dangerous conditions for the tens of thousands of Law Enforcement, First Responders, Police K9s and even horses, and hundreds of thousands of supporters that will be outside for many hours on the 20th (In any event, if you decide to come, dress warmly!),” he wrote.

“Therefore, I have ordered the Inauguration Address, in addition to prayers and other speeches, to be delivered in the United States Capitol Rotunda, as was used by Ronald Reagan in 1985, also because of very cold weather. The various Dignitaries and Guests will be brought into the Capitol. This will be a very beautiful experience for all, and especially for the large TV audience!”

The temperature during Reagan’s second inauguration was 7 degrees, with a windchill making it feel like -40, Fox News reports.

The decision surprised many.

“It was 28°F when Barack Obama was sworn in at noon on January 20, 2009 before a crowd of nearly two million people,” observed Aaron Fritschner, Deputy Chief of Staff to U.S. Rep. Don Beyer (D-VA). “NOT INCLUDING THE INSANE WIND CHILL!!”

Susan Rice, a former top advisor to both Presidents Barack Obama and Joe Biden, mocked Trump and team: “SNOWFLAKES,” she snarked, using the common derisive term occasionally leveled at Democrats by the right.

READ MORE: Trump Threatens FBI Office, Alleges ‘Corruption,’ Demands They ‘Preserve All Records’

Some critics suggested the issue was not weather but attendance — just like when Trump was inaugurated before a small crowd in 2017, only to make his first White House Press Secretary’s job to denounce those claims and declare, “This was the largest audience to ever witness an inauguration, period,” he emphatically and infamously insisted — reportedly at Trump’s direction.

“Moving the inauguration inside due to freezing temps takes crowd size ‘off the table’ as Trump’s second term begins,” CNN’s Brian Stelter, citing his colleague Dana Bash, noted.

Sam Stein of The Bulwark suggested that President-elect Trump has been trying to get more people to show up: “Trump has been running twitter ads to get folks to come to the inauguration. If they’re now moving it indoors, you have to imagine folks who booked travel will be left distraught.”

David Axelrod, senior advisor and chief campaign strategist to President Barack Obama, also mocked Trump.

“In ’61, John F. Kennedy was Inaugurated on the Capitol steps, in windchills of 7 degrees. It was almost as cold for Obama in ’09. In fairness, Trump IS more than 3 decades older than JFK & Obama were. Or did he just fear small crowds?”

Former Obama Deputy White House Press Secretary Bill Burton, offering a history lesson, suggested there aren’t a large number of people interested in attending Trump’s second inauguration. He wrote “Tell me you have a crowd size problem without telling me you have a crowd size problem. It was colder for Obama’s and JFK’s inaugurations and JFK didn’t even wear a coat.”

Watch the video above or at this link.

READ MORE: ‘My Eyes and Ears’: Trump Names Ambassadors to Hollywood, Critics Question Motives

 

Image via Reuters

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Biden Sparks Legal Battle by Declaring Equal Rights Amendment Is Now ‘Law of the Land’

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President Joe Biden, just days before he will exit the White House, announced on Friday that the Equal Rights Amendment, which would enshrine in the U.S. Constitution equal rights for women, is now the 28th Amendment and “the law of the land.” Although he has some legal scholars backing this declaration, experts say there are still legal hurdles and a legal battle to overcome.

“Today I’m affirming what I have long believed and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex,” President Biden wrote. “I have supported the Equal Rights Amendment for more than 50 years and have long been clear that no one should be discriminated against based on their sex. We must affirm and protect women’s full equality once and for all.”

“On January 27, 2020,” President Biden explained in his statement on the White House website, “the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.”

READ MORE: Trump Threatens FBI Office, Alleges ‘Corruption,’ Demands They ‘Preserve All Records’

“It is long past time to recognize the will of the American people. In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”

CNN calls Biden’s announcement “a last-minute move that some believe could pave the way to bolstering reproductive rights.”

“It will, however, certainly draw swift legal challenges – and its next steps remain extremely unclear as Biden prepares to leave office.”

The news network also credits U.S. Senator Kirsten Gillibrand (D-NY) with “making a major push for certification, saying in a memo to interested parties that it would give Biden a way to ‘codify women’s freedom and equality without needing anything from a bitterly divided and broken Congress’ in the aftermath of the 2022 Supreme Court decision overturning Roe v. Wade.”

In 2020, after Virginia became the 38th state to ratify the ERA, the necessary requirement of three-fourths ratification may have been met.

As The Brennan Center for Justice noted just days later, “there are still hurdles in the ERA’s path. The ratification deadlines that Congress set after it approved the amendment have lapsed, and five states have acted to rescind their prior approval. These raise important questions, and now it is up to Congress, the courts, and the American people to resolve them.”

READ MORE: ‘My Eyes and Ears’: Trump Names Ambassadors to Hollywood, Critics Question Motives

Congress could try to waive the deadline and try to ignore the states that rescinded their ratification.

President Biden did not order the National Archivist to certify the ERA as the 28th Amendment. Some have suggested neither has the legal authority to do so at this point.

But some have also suggested the deadline was unconstitutional.

The Associated Press called President Biden’s declaration “a symbolic statement that’s unlikely to alter a decades-long push for gender equality,” and “unlikely to have any impact.”

“Presidents do not have any role in the amendment process. The leader of the National Archives had previously said that the amendment cannot be certified because it wasn’t ratified before a deadline set by Congress,” the AP added. It noted that the National Archives said, “the underlying legal and procedural issues have not changed.”

READ MORE: DeSantis’ Rubio Replacement Seen as Trump Loyalist and MAGA Culture Warrior

 

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Trump Threatens FBI Office, Alleges ‘Corruption,’ Demands They ‘Preserve All Records’

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Just days before he will be sworn into office, President-elect Donald Trump is alleging the FBI has been engaging in “corruption,” after learning the Bureau has shut down its “DEI Office,” officially the Office of Diversity and Inclusion. The FBI has a lengthy, ongoing investigation into the January 6, 2021 insurrection and attack on the U.S. Capitol. It also conducted an intensive investigation into Trump’s removal and refusal to return classified documents, including top secret national security materials, and executed a lawful search warrant on Trump’s Mar-a-Lago resort and residence to retrieve some of those documents.

“We demand that the FBI preserve and retain all records, documents, and information on the now closing DEI Office—Never should have been opened and, if it was, should have closed long ago. Why is it that they’re closing one day before the Inauguration of a new Administration? The reason is, CORRUPTION!” Trump alleged, offering no proof or evidence, in a social media post Thursday evening.

Trump pointed to a report from Mediaite: “FBI Shuttered DEI Office Ahead of Trump’s Inauguration.”

READ MORE: ‘My Eyes and Ears’: Trump Names Ambassadors to Hollywood, Critics Question Motives

“While on the campaign trail, Trump stated he would end ‘wokeness’ and ‘leftist indoctrination’ by dismantling diversity programs and imposing fines on colleges ‘up to the entire amount of their endowment,” the Mediaite report reads. “More recently, Sen. Marsha Blackburn (R-TN) sent a letter to outgoing FBI Director Christopher Wray stating the agency’s DEI practices ‘endanger Americans.’ Blackburn made those comments shortly after the New Year’s Day terror attack in New Orleans.”

The Bureau’s Office of Diversity and Inclusion “was created in 2012 to provide guidance and implement programs that promote a diverse and inclusive workplace that allows all employees to succeed and advance,” according to an archived version of its website. That page, which stresses, “Different backgrounds. One mission,” appears to no longer be accessible from the FBI’s website, and instead forwards to the main page.

“The FBI’s efforts to diversify are crucial to creating an inclusive workforce and to being increasingly effective and efficient in our investigations and keeping the American public safe,” FBI Chief Diversity Officer Scott McMillion said in a quote on that page.

READ MORE: DeSantis’ Rubio Replacement Seen as Trump Loyalist and MAGA Culture Warrior

Apparently baseless accusations against DEI abound.

The New Republic notes that the “FBI came under fire recently as many on the right openly blamed the deadly truck attack on New Year’s Day in New Orleans on the agency’s DEI policies.”

“The priority of the last four years has been DEI, not IEDs,” New York Republican Representative Dan Meuser had told Fox News,” TNR reported.

“The ODI office isn’t closing because of corruption,” TNR added, “like Trump is claiming in all caps on Truth Social. It’s likely closing for the same reason Walmart, Meta, McDonald’s, and others are reneging on DEI policy: Trump is back.”

READ MORE: Trump Ran on Promise to Lower Grocery Prices — Few Americans Now Believe He Will

 

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