sign in sign up
<<
Home , Gay Republicans

JULY 24 2015 VOLUME 46 ISSUE 30 • AMERICA’S NEWS SOURCE • WASHINGTONBLADE.COM Congress to consider sweeping LGBT rights bill

Equality Act would ban (Visit washingtonblade.com for updates.) According to a “Dear Colleague” letter dated bias in employment, July 20 and obtained by the Washington Blade, credit, housing and more the legislation intends to prohibit anti-LGBT in seven areas: credit, education, employment, federal funding, housing, jury By CHRIS JOHNSON service and public accommodations. [email protected] The name of the legislation is the Equality Act, which is the same as legislation introduced A bill that would explicitly ban anti-LGBT more than 40 years ago by the late Rep. Bella discrimination in all areas of civil rights law Abzug of New York City. The bill, which was was set for introduction in both chambers of the fi rst-ever gay rights measure introduced in Congress late this week. Congress, would have amended the Civil Rights Capitol Hill sources said lead sponsors Rep. Act of 1964 to include . David Cicilline (D-R.I.) and Jeff Merkley (D-Ore.) In his letter to colleagues, Cicilline makes would introduce the legislation on Thursday the case that although the U.S. Supreme Court Activists with GetEqual at a protest for ENDA. Lawmakers are expected to introduce the Equality Act this week, a broader measure than ENDA and hold a news conference at noon on the but not all LGBT advocates support the strategy. legislation on the Senate side of the U.S. Capitol. CONTINUES ON PAGE 14 WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY D.C. judge explains leniency in hate attack

Short sentences for for instigating and leading what police the sentences are far too lenient for a siblings who beat, and prosecutors have called a brutal conviction in an assault that could have attack. resulted in the victim’s death. slashed gay man Williams called the hearing just over “I wanted to have this hearing because two weeks after she handed down the at the initial sentencing, admittedly, By LOU CHIBBARO JR. sentences at a separate hearing on June I was pretty rushed because I had a [email protected] 29. The victim, a 29-year-old gay man, jury waiting,” said Williams, who was and his mother, who witnessed the referring to another trial over which she D.C. Superior Court Judge Yvonne attack, testifi ed then that the beatingwas presiding. Williams took the unusual step of and face slashing of the victim that took “It’s really an opportunity for me to calling a special hearing on Aug. 15 to place during the incident have had a just talk,” she said. “And apparently, as explain why she sentenced a 22-year- devastating impact on their lives. the judge, you can just summon people D.C. Superior Court Judge YVONNE old to six months in jail and her Sources familiar with the case have WILLIAMS said she’s known for ‘telling it twin brother, who’s straight, to one year said police and prosecutors believe CONTINUES ON PAGE 16 like it is.’

SECOND ACT SURVIVOR’S STORY MAKE YOU SWEAT

Mike Fleck joins Pa. guv’s Alfred Munzer, who lived Martha Wash headlines administration after coming through the Holocaust, 40th Baltimore Pride out, losing House seat. shares life lessons. celebration this weekend.

PAGE 4 PAGES 21-24 PAGE 26 02 • JULY 24, 2015 WASHINGTONBLADE.COM

Fostering: A Transformational Life Experience

Six years ago we made the decision to become foster parents. support groups and each other and our commitment of It was an easy decision, one that did not require a lot of providing a safe, loving environment for one of our own – a pondering or mulling over. We invested in the District of youth from the District of Columbia. Columbia early in our careers (1987). We chose to live here and at the time were considered pioneers. After establishing Fast forward to today – gone are the days of tantrums, our roots, finding each other and comingling our assets we emotional outbursts and defiance. The growth, maturity knew we wanted to give back to our community and wanted and stabilization of this child is nothing short of miraculous. to experience parenthood through the lens of being a “foster He anchors us and we are his rock. So much so that we parent.” Warning! The best laid plans don’t always follow moved forward and adopted this young man. Today, we the script! can’t imagine our lives without him nor can we imagine what his life what have been like without our paths having Fast forward to 2010 – with all of our course requirements, crossed. background checks and other importantly deemed Following this experience, we maintained our license and documentation we were ready for a “placement.” Patience soon began to explore the opportunity of expanding our is a virtue and waiting for a placement is a true test – we family via the foster care path once again. In January 2015 thought we had cast our net far and wide. We were willing we were fortunate to have a fourteen-year-old boy placed in to foster any child between the ages of 5-15. Following what our care. Although the process was the same, his needs were we thought to be a lengthy wait the phone finally rang and different than our younger son. Again, via our training and our lives changed forever. support from the agency and our friends we quickly adapted and have formed a permanent bond. In fact we have filed There was an eight (8) year old boy who was in need our letter of intent to adopt and are eager to legalize our of a placement. He had experienced several placement expanded family. disruptions and was being cared for at Children’s Hospital and waiting transfer to a residential living facility in Georgia Fostering and adopting our sons has been the most where he would be cared for until he was eighteen (18). phenomenal life transformational experience for us. We Again, very little discussion, we were ready for this challenge can’t imagine our life without our sons being a part of it. and immediately said yes! There are so many children, especially older children, who only need love, support and a stable environment from a Following our first night, we looked at each other and loving and flexible family. These are our children, District simultaneously mouthed “What Have We Done?” Needless of Columbia children, and they deserve to be loved and to say, our first night was “rough” but we survived and we nurtured. Take a chance and enjoy the rewards! We did! made it through. We relied on our agency training, our

For more information about becoming a DC foster parent call 202.671.LOVE (5683). WASHINGTONBLADE.COM JULY 24, 2015 • 03 WASHINGTONBLADE.COM

04 • JULY 24, 2015 LOCAL NEWS Man gets 1 year for anti-gay attack in Metro station Victim pushed onto tracks responsibility for his actions and pled prosecutor in the case, played a video what he did by agreeing to plead guilty. because he ‘looked gay’ guilty,” William Miller, a spokesperson obtained from Metro security cameras David Richter, Sills’ attorney, told for the U.S. Attorney’s Offi ce, told thethat showed the victim being pushed Williams his client was grappling with Washington Blade. onto the tracks and immediately climbing mental health issues. By LOU CHIBBARO JR. “We brought the defendant’s back onto the platform. “It was a bunch of dumb young kids [email protected] motivation to the judge’s attention during The arrest affi davit says the attack doing this,” Richter said. “He has taken the allocution at sentencing,” Miller said. continued as the victim fl ed to the upper responsibility for it.” A 20-year-old D.C. man accused of A police arrest affi davit says Sills, co- level of the station. The Metro security Before handing down her sentence, assaulting and robbing another man defendant Isiah Bogan, 20, and other video played in court at the sentencing Williams asked Sills, “Did you tell police before pushing him onto the tracks at unidentifi ed males with them approachedshows Sills picking up a cone-shaped, you don’t like gay people?” the Navy Yard Metro station in March the victim on the platform of the Navy four-foot-tall plastic “wet fl oor” sign and Sills nodded his head and said because he believed the victim was gay Yard Metro station about 10:50 p.m. on using it like a baseball bat to strike the something in a soft voice that couldn’t be was sentenced on July 15 to one year in March 10. The affi davit says Sills allegedly victim repeatedly in the upper body. heard by courtroom observers. jail by a D.C. Superior Court judge. slapped the victim on the back of the head During the sentencing hearing Baker “This boils down to, you can’t control Judge Yvonne Williams handed down as the victim tried to walk away from Sills pointed out that Sills told police at the your behavior, your anger,” Williams told the sentence for Raheem S. Sills two and the others accompanying Sills. time of his arrest that he targeted the him. “You sucker punched him in the back months after Sills pled guilty on May According to the affi davit, Sills’ initial victim because he “looked gay” and that of his head when he was walking away. 11 to a charge of attempted assault assault triggered an altercation between he doesn’t like gay people or men who This is all for nothing, you hit him for with a dangerous weapon as part of a the victim, Sills and the others. During “act like women.” nothing. Is all that worth it?” plea bargain agreement with the U.S. the altercation a suspect later identifi ed Baker said the victim was a waiter, and In addition to sentencing him to one Attorney’s Offi ce. as Sills allegedly took the victim’s cell at the time of the incident had just gotten year in jail Williams ordered that Sills be At the time of his arrest in April Metro phone and about $80 in cash before off work at one of the restaurants located placed on supervised probation for two Police charged Sills with assault with a shoving the victim onto the tracks “at a near the Metro station and the nearby years upon his release from jail. dangerous weapon and robbery. time when trains were still operational,” Washington Nationals baseball stadium. Co-defendant Bogan, who also pled “We did consider a the affi davit says. She asked the judge for a suggested guilty to a charge of attempted assault enhancement and intended to pursue During the July 15 sentencing hearing sentence of 14 months in jail, saying Sills with a dangerous weapon, was expected it until the defendant quickly took Assistant U.S. Attorney Dineen Baker, the has shown remorse and has owned up to to be sentenced later this year. Carson wins D.C. GOP straw poll 2016 hopeful welcomed organizers of the event decided they Carson elaborated on his views on LGBT would not release the numerical vote rights and marriage equality in response by gay chair of local count for any of the candidates and would to two questions from the Washington Republican Party withhold the results for the remaining 12 Blade when he took time to take questions candidates on the straw poll ballot out of from reporters. respect for those who may have received When asked if his views on social issues, By LOU CHIBBARO JR. few or no votes. including his past statements opposing [email protected] It became clear as the event got marriage equality, could hurt him among underway that the Carson campaign moderate Republicans in urban areas Republican presidential candidate organized a large turnout of Carson such as D.C., he said he didn’t think the Ben Carson won by a wide margin a supporters – mostly from D.C. but also positions he’s taken are controversial. GOP presidential straw poll conducted from the Maryland and Virginia suburbs. “I’m a very reasonable person, very Monday night by the D.C. Republican Many of them besieged Carson like a willing to talk about things,” he said. Party for its members. rock star, asking him for his autograph “And I’ve off ered to the gay community More than 300 people, including a and waiting for their turn to stand beside an opportunity. I said, ‘Can you let me sizable number of , him while friends or family members took know what position a person can take turned out for what organizers called a their picture. — who has nothing against gay people straw poll party and reception held at the In a 30-minute speech, Carson sounded but he believes in traditional marriage — Wonder Bread Factory meeting hall in the ‘I’m a very reasonable person, very willing to the conservative themes on domestic and that is acceptable to them?’ And I haven’t city’s Shaw neighborhood, where Carson talk about things,’ said BEN CARSON. foreign policy issues he outlined when he heard an answer yet,” Carson said was the featured speaker and guest. WASHINGTON BLADE PHOTO BY LOU CHIBBARO JR. announced his candidacy for president in When asked if he has a position on “It was phenomenal,” said Jose May. He didn’t discuss in detail some of the long stalled civil rights bill pending Cunningham, the chairman of the D.C. former neurosurgeon at Johns Hopkins his views on social issues, including gay in Congress that would ban employment Republican Party, who’s gay. “Obviously, University, received 44 percent of the rights, which have drawn sharp criticism discrimination against LGBT people, for the D.C. GOP we are thrilled to be able votes cast on a ballot that included the from LGBT activists. Carson replied: to attract one of the now 16 Republican names of 16 declared GOP presidential Earlier this year, in addition to “I would certainly support something presidential candidates,” he said. contenders. expressing strong opposition to same-sex to prevent discrimination, period, based “We’ve reached out to all of the Former Florida Gov. Jeb Bush came in marriage, Carson said in a CNN interview on sexual orientation, based on religious campaigns,” Cunningham said. “Most of second place with 17 percent followed that people in prisons sometime enter beliefs, based on everything that we are,” them did, in fact, have representatives by U.S. Sen. Marco Rubio (R-Fla.), who the prison system as straight and come he said. “But the good thing is we already here. And so we couldn’t be happier received 11 percent, and Wisconsin Gov. out as gay, which he said shows that have that. It’s called the Constitution about this.” Scott Walker, who came in fourth place being gay is a choice. He later apologized of the United States. We just need to According to results released by the with 7 percent. for the remark, saying he didn’t mean to enforce that.” D.C. Republican Committee, Carson, Patrick Mara, the D.C. Republican off end anyone. a conservative commentator and Committee’s executive director, said At Monday night’s straw poll gathering � CONTINUES AT WASHINGTONBLADE.COM WASHINGTONBLADE.COM JULY 24, 2015 • 05 LIVING ROOM SALE CUSTOMIZE, DON’T COMPROMISE

an Save additional% 10 on everything ad* thiS with

TAILORED CRISP DESIGN. Hundreds of Fabrics. Made in America (Multiple configurations, also available as a sofa and chair) SECTIONAL MSRP $3975 SALE $1998

ROCKVILLE 11711 Parklawn Dr. N. of White Flint Mall at Nicholson Ln...... 301-881-3900 FALLS CHURCH 5857-B Leesburg Pike (Next to Panera) ...... 703-820-8000 CHANTILLY SHOWROOM & CLEARANCE CTR. 4060 Walney Rd...... 703-766-8000 TYSON’S CORNER COMING LATE 2015!

PLEASE BRING THIS AD TO RECEIVE SALE PRICES. Follow us on *may not be combined with other promotions. PROMO CODE: 724 Sale prices good thru 7/27/15 WWW.HAMILTONSOFAGALLERY.COM

ONE-WOMAN FINANCIAL ADVICE POWERHOUSE Suze Orman KEYNOTE SPEAKER

Discover more at nglcc.org/nglcc15 WASHINGTONBLADE.COM

06 • JULY 24, 2015 NATIONAL NEWS TLC cancels ‘19 Kids and Counting’ Gay Republicans mulling NEW YORK — TLC last week announced it has cancelled “19 Kids and Counting.” 2016 endorsements The network pulled the plug on the reality show that features Many prominent Jim Bob and Michelle Duggar and their 19 children roughly two fi gures undecided on months after their son Joshua White House race Duggar admitted he fondled four of his younger sisters and another girl when he was a teenager. By CHRIS JOHNSON “TLC and the Duggar family [email protected] have decided to not move forward with ‘19 Kids and Counting,’” said Republican presidential candidates TLC in a statement posted to its continued to make headlines this week website. as Ohio Gov. John Kasich entered the race Josh Duggar in May resigned and continued to attack from the Family Research Council members of his own party, but prominent where he directed the anti-LGBT gay GOPers are mostly keeping quiet organization’s lobbying eff orts. about which contender they intend to Michelle Duggar last summer support in 2016. made a robocall against an LGBT Some say it’s too early to make a rights ordinance in Fayetteville, Josh Duggar resigned from the Family decision on an endorsement; others say Research Council where he directed the anti- Ark., which is near her family’s LGBT organization’s lobbying eff orts. they hold positions preventing them from home. Voters in the Arkansas city WASHINGTON BLADE PHOTO BY MICHAEL KEY publicly disclosing their choice. repealed it less than four months Former Rep. Jim Kolbe, who DONALD TRUMP continues to dominate the GOP race as prominent gay conservatives are later. represented Arizona in the U.S. House considering endorsements. Michelle and Jim Bob Duggar campaigned on behalf of then-Virginia Attorney from 1985 to 2007, is in the former camp WASHINGTON BLADE FILE PHOTO BY LEE WHITMAN General Ken Cuccinelli during his 2013 gubernatorial campaign. Josh Duggar a few of prominent gay Republicans. months later joined opponents of nuptials for gays and who gathered “It is still too early,” Kolbe told the outside federal courthouses in Richmond and Norfolk, Va., during oral arguments Washington Blade. “I have not backed any Cruz and Bobby Jindal are supporting in the case that challenged the commonwealth’s marriage amendment. candidate yet for the GOP nomination.” eff orts to amend the U.S. Constitution In the latter category is Ric Grenell, in the aftermath of the Supreme Court’s Advocate for LGBT service members dies a Fox News foreign policy contributor marriage decision, but Jeb Bush, Marco and former Bush administration offi cial Rubio, and Carly Fiorina have declined who briefl y served on ’s to support such a measure. Cruz, Mike CAROLINA BEACH, N.C. — A U.S. Army offi cer who co-founded an advocacy presidential campaign in 2012. Huckabee and Rick Santorum have group for LGBT service members was found dead on a North Carolina beach “I am a Fox News contributor and my suggested ignoring the ruling altogether. on July 19. contract is though January 2017, so I can’t On the issue of LGBT non- The Port City Daily reported that authorities found Chief Warrant Offi cer [endorse],” Grenell said. “I am neutral. I discrimination protections, there seems Tania Nichole Dunbar’s body at a park where she had been camping. Carolina will compliment and critique everyone.” to be more room. Last week, Jeb Bush Beach Town Manager Michael Cramer said Dunbar likely died from injuries she Gregory Angelo, executive director told a gay worker in San Francisco he suff ered when she fell and “hit her head” on a truck door handle. of , also said his opposes discrimination based on sexual An autopsy was scheduled to take place on July 21. position prevents him from disclosing the orientation and agrees with passing non- Dunbar, who had just returned to the U.S. from a deployment in Kuwait, co- candidate he intends to support. discrimination laws on a state-by-state founded SPARTA. “I can tell you that I’ve had meetings basis. (Bush reiterated his belief that “Tania Dunbar was an incredible person with a huge heart,” SPARTA with a number of GOP presidential fl orists shouldn’t have to accommodate a Membership Director Christopher Hooper told Port City Daily. hopefuls, including Gov. Scott Walker, same-sex wedding.) Dunbar’s wife, Dee Graham-Dunbar, co-founded Military Partners and Sen. Rand Paul, Carly Fiorina and Dr. Ben Moreover, Bush told reporters last week Families Coalition, another group for LGBT service members. Dunbar also leaves Carson,” Angelo said. “All have expressed he’s “fi ne” with the Pentagon’s decision to behind two children. a willingness to continue communication start the process of implementing open as their respective campaigns proceed.” service in the military. Lesbian Wheaton College staff er resigns Angelo said Log Cabin won’t make a Richard Tisei, a former member of the presidential candidate endorsement over Massachusetts State Senate who came the course of the primary. Historically, the close to winning the state’s 6th District WHEATON, Ill. — A Wheaton College staff er cited her support of marriage rights organization has waited on a decision to congressional seat in 2012 and 2014, for same-sex couples in her resignation from the conservative Christian school. endorse a candidate in the general election. identifi ed several candidates he’s watching. Julie Rodgers began working in the college’s chaplain’s offi ce last year. She A total of 16 candidates are now “I am undecided at the moment,” Tisei also chaired Wheaton College’s fi rst LGBT student group. seeking the Republican nomination, but told the Blade. “The candidates I am Rodgers submitted her resignation on July 13, which was eff ective immediately. The in terms of support for LGBT rights, the following closely are Chris Christie, Carly Windy City Times reported that she was the college’s fi rst openly LGBT staff member. choices are limited. Fiorina, Marco Rubio and Jeb Bush.” “Though I’ve been slow to admit it to myself, I’ve quietly supported same- Each of the candidates in the race is on Carl DeMaio, a former San Diego sex relationships for a while now,” wrote Rodgers on her blog as the Windy the record opposing same-sex marriage Council member who narrowly lost a City Times noted. “When friends have chosen to lay their lives down for their and many have invoked concerns challenge to Rep. Scott Peters (D-Calif.) partners, I’ve celebrated their commitment to one another and supported them over religious liberty, which many last year, said he hasn’t chosen a as they’ve lost so many Christian friends they loved.” see as code for supporting anti-LGBT candidate, but is coordinating with each The Princeton Review last year ranked Wheaton College as the third most discrimination. of the presidential campaigns. LGBT-unfriendly college in the country. There are some nuances from the candidates on the marriage issue. Ted � CONTINUES AT WASHINGTONBLADE.COM WASHINGTONBLADE.COM JULY 24, 2015 • 07

killer vintage design • killer vintage finds WASHINGTONBLADE.COM

08 • JULY 24, 2015 NATIONAL NEWS A second act for Pa.’s fi rst out gay lawmaker Mike Fleck joins guv’s at,” he added. “I know that he believes in the issues that he’s fi ghting for.” administration after Dison on Tuesday did not immediately , losing seat return the Blade’s request for comment, but he has previously disputed reports By MICHAEL K. LAVERS the Victory Fund’s decision to endorse [email protected] Sims in 2012 factored into the way it advised Fleck. THREE SPRINGS, Pa. — A gay Republican “Our work assisting closeted offi cials who served in the Pennsylvania House of who want to come out is aimed at Representatives for nearly a decade has increasing the likelihood they can remain accepted a position in Democratic Gov. public servants,” Dison told the Blade in Tom Wolf’s administration. 2013 after the reports emerged. “That Mike Fleck, who represented the state’s was our only consideration when we rural and conservative 81st House District in advised Rep. Mike Fleck last year. Other the Pennsylvania House of Representatives theories are false.” from 2006 until late last year, in June offi cially became the director of the Bureau GOP ‘left me’ of Workplace Partnerships and Operations within the commonwealth’s Department of Since leaving the Pennsylvania House, Labor and Industry. Fleck has worked with the Pennsylvania The agency helps Pennsylvanians fi nd Student Equality Coalition, an organization employment after losing their jobs. It that works with LGBT college students. He also works with young people looking for and his partner of nearly four years, who lives post-high school employment and off ers in Manhattan, on June 26 hosted a fundraiser access to training and other assistance for the group that coincided with the U.S. through centers that operate in each of Former Pennsylvania state Rep. MIKE FLECK at his home near Three Springs, Pa. Supreme Court ruling in the Obergefell case the state’s 67 counties. WASHINGTON BLADE PHOTO BY MICHAEL K. LAVERS that extended marriage rights to same-sex Fleck told the Washington Blade during couples throughout the country. an exclusive interview at his home in Fleck highlighted the lack of a Huntingdon County on July 16 that he He was also the fi rst out Republican to ever really gnawed at me for a while. That’s statewide anti-discrimination law in sees himself in many of the people with hold a seat in the Pennsylvania Legislature. when I decided to come out.” Pennsylvania that includes sexual whom he and his agency works. Fleck told the Blade that his decision He said another reason that he wanted orientation and . He “I was once laid off in a county with to come out was “really an evolution to come out was to “give hope to people pointed out to the Blade that he was double-digit unemployment with a over the last several years leading into who were struggling,” especially in the on an Equality Pennsylvania panel after mortgage to pay,” he said while sitting at that.” He said that one of the moments rural area in which he lives and grew up. same-sex marriage became legal in the his dining room table. “That’s a lot of the that made him realize that he needed “I certainly didn’t see that growing up,” commonwealth in May 2014. people that we see.” to publicly declare his sexual orientation he said. “There’s not a lot in this neck of the Fleck, 42, accepted the position with came in May 2012 when President Fleck said he “stumbled upon an woods,” said Fleck. “One of the reasons I the Wolf administration less than seven Obama announced he supports marriage article” about gay former Republican wanted to come out was to give hope to months after he lost the seat in the rights for same-sex couples. National Committee Chair people who were struggling. I certainly Pennsylvania House to which he was fi rst Fleck said that he was watching CNN and sent him a message through didn’t see that growing up.” elected in 2006. shortly after Obama’s announcement LinkedIn. Mehlman called Fleck and put Fleck also criticized the Republican Party. Then-Huntingdon County Treasurer Richard when he saw Family Research Council him in touch with lobbyist Bill Smith, who “I will be happy when they put any Irvin defeated Fleck in November 2014. President Tony Perkins, a fellow alumnus connected him with Denis Dison of the equality issues behind them,” he said, Fleck narrowly lost to Irvin in the Republican of Liberty University, talking about the Gay and Lesbian Victory Fund. without specifi cally criticizing any of the primary earlier that year after staging a issue with then-anchor Piers Morgan. Fleck told the Blade that he wanted to GOP presidential candidates. “I don’t feel successful write-in campaign. Fleck won the Perkins said during the interview that come out before the 2012 election, but like I left the Republican Party and I’m still Democratic nomination and appeared on his son would never be gay because he the Victory Fund encouraged him to wait a Republican. They left me.” the November ballot as a Democrat, even and his wife “raised him right.” until after he had secured re-election. “The party that I grew up loving, that though he was a Republican. “That was the fi rst time that I really felt “They didn’t think anything good would was my grandfather’s party was not the Fleck told the Blade he feels he lost the that sickening in my gut,” Fleck told the come out of it,” he said. “I’m not afraid to anti-social issues,” added Fleck. “It was a election because voters objected to the fact Blade. “It really gnawed at me and it’s like I’mmake a good decision, and I thought it fi scal conservative-type thing. And I still that he had come out in December 2012. not doing any good by staying in the closet.” was a good decision.” view myself as a fi scal conservative.” “It came down to me being gay,” he said. Another moment came a few days later Fleck told the Blade another issue that Fleck now divides his time between “There’s no way to sugarcoat that. People when he read a story about “equality factored into his decision not to come out his home, which was built in 1840 and will say that it didn’t. They were upset that issues” in a local newspaper. until after the election was that a number overlooks a valley through which Aughwick I came out after the last election in 2012.” The reporter interviewed a gay man of his colleagues from the Philadelphia Creek fl ows, and his partner’s Manhattan “There were people that I had helped from Blair County who had just movedsuburbs were in close races during that apartment near the entrance to the Lincoln who were die-hard Democrats who had back to the area after living in Brooklyn,election cycle. He downplayed reports Tunnel in the West Chelsea neighborhood. my opponent’s sign in their yard,” added New York, for several years. Fleck read the that the Victory Fund asked him to delay Fleck also described his new job as Fleck. “It’s like I helped you repeatedly, print version of the article in his offi ce a his coming out because it had backed gay “challenging,” but something he wanted didn’t care you were a Democrat. Still few days later and noticed the issue of the state Rep. Brian Sims’s (D-Philadelphia) because it is “benefi cial and giving back.” don’t. So why do you have a Tea Party newspaper had “a huge picture, this guy campaign. “Helping people get back on their feet, Republican’s sign in your yard? They’ll wearing a pink boa in drag” above the fold. “That story got blown out of proportion,” helping them fi nd a job, helping them come up with all sorts of excuses.” “For me that’s the only gay I saw Fleck told the Blade. “That whole Brian get to the next rung on the ladder in Fleck became the fi rst openly gay state growing up: The butt of jokes ... no one Sims thing got thrown in there.” their career by coming in for additional lawmaker in Pennsylvania when he came out. that I could ever relate to,” said Fleck. “It “Brian’s worked hard to get where he’s training, that’s important,” he said. WASHINGTONBLADE.COM JULY 24, 2015 • 09

Brian had his HIV under control with

medication. But smoking with HIV

caused him to have serious health

problems, including a stroke, a blood

clot in his lungs and surgery on an

artery in his neck. Smoking makes

living with HIV much worse.

You can quit.

CALL 1-800-QUIT-NOW.

#CDCTips

HIVHIV alonealone didn’tdidn’t causecause thethe cloggedclogged arteryartery inin mymy neck.neck. SmokingSmoking withwith HIVHIV did.did.

Brian, age 45, California WASHINGTONBLADE.COM

10 • JULY 24, 2015 NATIONAL NEWS Feldblum explains new gay employment protections

Commissioner answers your questions on landmark EEOC ruling

By CHRIS JOHNSON [email protected]

The U.S. Equal Employment Opportunity Commission delivered a landmark ruling last week establishing that workplace discrimination against gay, lesbian and bisexual people is prohibited under current law. Part of the credit for the decision goes to Chai Feldblum, a longtime LGBT rights advocate and lesbian member of the commission. Feldblum was in the 3-2 majority on the fi ve-member commissionin its decision for Complainant v. Foxx, which found employment discrimination CHAI FELDBLUM serves on the U.S. Equal based on sexual orientation constitutes Employment Opportunity Commission. gender discrimination under Title VII of WASHINGTON BLADE FILE PHOTO BY MICHAEL KEY the Civil Rights Act of 1964. Three years ago, she was also part of the unanimous ruling in Macy v. Holder, which found that transgender discrimination is illegal that. But the EEOC cannot help everyone discrimination. They were right. But it the Commission. As for the reasons for under Title VII. who comes to us. We just don’t have took time for the EEOC and the courts to dissent, I am not in a position to speak for The decision caps off decades of work enough resources. So the best idea is to see the logic of their position. The EEOC my colleagues. in LGBT activism from Feldblum, including fi nd a lawyer who can help you, if you rejected those claims in the 1970s for the HIV/AIDS work, fi ghting for openly gay can. You will still have to fi le a charge with same reason that courts rejected them Blade: Does EEOC really have the service in the U.S. military and drafting the EEOC before you can go to court, but — namely, the agency did not believe last word on this? Is it possible for the an initial version of the Employment Non- a good lawyer can help you. The relief that Congress intended to cover gay and Supreme Court to overturn the decision? Discrimination Act. you can get will depend on the type of transgender people under Title VII. But Feldblum: The Supreme Court cannot In an email Q&A, Feldblum answered discrimination you have suff ered. But the as the Supreme Court made clear in later overturn this particular decision because questions for the Washington Blade type of relief that individuals have gotten cases, the question is not what Congress an agency does not have the right to raised by readers in the aftermath of the in the past has included reinstatement in intended when it passed Title VII in 1964, appeal a decision of the Commission to historic EEOC decision in favor of gay, a job, backpay for a job lost unfairly, and/ but rather what the actual words of the a court. But I fully expect that the legal lesbian and bisexual workplace rights. or money damages for harm suff ered. law prohibit. It took time for the EEOC theory we adopted in this case will be and the courts to apply that prohibition debated in many other cases that will go Washington Blade: Everyone is saying Blade: Is there any reason to add sexual to cover discrimination against an to court, including cases that the EEOC this ruling is big. How sweeping is it and orientation and gender identity to federal employee because of the sex of the may bring where we have a charge in the whom does it cover? Is it just federal jobs? non-discrimination laws now — either person that employee was attracted to. private sector. But before the Supreme Chai Feldblum: The ruling is as through ENDA or some other means? But it is actually a very simple and logical Court weighs in, we will get rulings from signifi cant as people are saying it Feldblum is. : Of course there is a reason to application of the words of the law. a lot of the lower courts. I feel optimistic The Commission’s decision that sexual add sexual orientation and gender identity that many of those courts will rule the orientation discrimination is always to federal non-discrimination laws now. Blade: What about religious same way we have ruled, given the sex discrimination under Title VII now What the EEOC has done is off er a chanceorganizations? Unlike the 2013 version of compelling logic of our position. applies across all of the Commission to bring cases of LGBT discrimination ENDA, will the ruling help protect secular activities, including charges brought to us under existing law. That is a very big deal. employees of religious schools and Blade: What about housing and by employees and applicants who work But that does not remove the need for an medical facilities? public accommodations? Can EEOC fi nd in the private sector or for state or local explicit federal law that would give LGBT Feldblum: Our opinion does that existing law prohibits anti-LGBT governments. While the particular order people and employers across the country not deal with the issue of religious discrimination in the areas based on in this case involves only the Department absolute certainty that discrimination on organizations, since obviously the gender protections? of Transportation and the complainant, the basis of sexual orientation and gender Department of Transportation is not Feldblum: No. The EEOC has jurisdiction the legal analysis in this opinion aff ects identity will be prohibited. That is what a religious organization. Title VII does only over employment. But other federal all of the EEOC’s work both for federal adding sexual orientation and gender have an exception that permits religious agencies that enforce sex discrimination workers and private sector workers. identity to federal non-discrimination organizations to discriminate on the basis provisions often look to our interpretation laws would do and that would be a very of religion in employment and I expect we for guidance in interpreting the laws they Blade: If I feel I’ve experienced important thing to achieve. will see future cases in the private sector enforce. Many of them did that after we workplace discrimination based on my raising those issues. issued our decision in Macy v. DOJ in sexual orientation, what steps can I take to Blade: If Title VII has been around 2012 that discrimination on the basis of seek relief? What kind of relief can I obtain? since 1964, why is EEOC just now fi ndingBlade : It seems the vote on the decision transgender status was always a form of Feldblum: Any person who has it applies to anti-gay employment was 3-2. Why was there dissent and does sex discrimination. Other agencies may experienced discrimination on the basis discrimination? it change anything substantively? choose to do the same thing with regard of sexual orientation should fi le a charge Feldblum: LGBT people fi ledFeldblum : There is no substantive to our decision that sexual orientation with the EEOC. The EEOC website at www. claims with the EEOC as early as the impact as a result of the vote being 3-2. discrimination is always a form of eeoc.gov has information on how to do 1970s claiming they had suff ered sexThe decision represents the position of sex discrimination.