GSBA Meets with Congressman Adam Smith

On October 20 GSBA members from the 9^th congressional district met with Representative Adam Smith at the offices of the Northwest Network of BTLG Survivors of Abuse.

The group discussed the frustrating lack of progress on a federal Employment Non-Discrimination Act (ENDA) and the problematically broad religious exemptions within the current version. Rep. Smith admitted that the issue was not being addressed by this Congress, but that there was “no place for religious exemptions” in the bill. He agreed that taking people out of the job pool hurts our whole society, adding that “The strongest societies are those that discriminate the least.”

GSBA President & CEO Louise Chernin urged the Congressman to be wary of the increasing attempts by conservative groups and legislators to pass further so-called religious exemptions laws that would allow them to circumvent existing anti-discrimination bills. Monisha Harrell of Equal Rights Washington added that the religious exemptions clauses were of concern to many groups beyond the LGBT community, including women, racial minorities, and people who are divorced, among many others. Congressman Smith agreed and described them an example of religious fanaticism here in the United States. He stated that he wants "to be a voice where it is still needed, as much for healthcare as for gay rights,” listing areas that needed more attention, including equality and protection for the transgender community. He specifically mentioned the need to address wrongful discharges of transgender people serving in the military and continuing benefit inequities.

With the recent example of California’s opening of the utility contracts process to LGBT-certified businesses, George Pieper of Out Front Office Solutions informed the group and the Congressman about the need to proactively advocate for LGBT inclusion in minority contacting fairs and decisions.

Our hosts at the Northwest Network celebrated the 2013 reauthorization of the Violence Against Women Act, which was the very first federal protection based on sexual orientation or gender identity. They asked how we could build on that hard-fought success and extend it. The Congressman congratulated the group for effective advocacy in recent year, but again acknowledged that the party in control of the House of Representatives does not take up any legislation that they do not want to take up, meaning that probably there is little effective advocacy to be done on LGBT issues in the next term.

However, Rep. Smith urged the whole group to think long term, especially about how we address the critical issue of people being turned off government and civic engagement. He asked how progressives in general can prove once again that government does and can do good, as well as a broader narrative of what progressive politics are and how they can build a more just society. As always, advocates need to identify constituents of legislators who need to be convinced and have them share their personal stories.

You can find more information about Congressman Smith and contact his office here. He is the Ranking Member on the House Armed Services Committee.

Moving Forward

Our Full Interview with Anne Levinson
By Gail Benzler and Mona Smith

[Note - a condensed version of this interview is included in the Winter 2013 print edition of GSBA's Perspective magazine; this interview was conducted in December of 2012]


Why did you believe that the time was right in Washington state for marriage in 2012?
There were two very important reasons to move forward with marriage equality legislation in 2012.  First, it was a presidential election year, which meant there would be a larger, younger and less conservative electorate than in non-presidential election years. Second, depending on the results of the governor and senate races, there was the possibility legislation might not be passed or could have been vetoed if Democrats lost control of either.

It had been 14 years since passage the state Defense of Marriage Act (DOMA) and six years since the State Supreme Court had ruled DOMA was constitutional. Meanwhile, our state had become the first in the nation to vote in favor of LGBT relationship recognition with the 2009 vote to retain the domestic partnership law and public opinion in support of marriage equality had shifted significantly all across the country. Gay and lesbian families in Washington had been denied this fundamental right for far too long. It was time to move forward.

As we saw in the Legislature and during the campaign, so many people knew LGBT people in their lives.  Legislators had LGBT kids, constituents, staff, friends, business colleagues and members of their congregations.  It was those personal relationships and hearing the journey stories of others like President Obama and Governor Gregoire that made all the difference.  It was stories such as that of former State Representative Betty Sue Morris, a Democrat, who recounted how much she regretted a vote she cast against same-sex marriage in 1996 – because her daughter had since come out and State Representative Maureen Walsh, a Republican, who shared that she had always wanted to put on a wedding for her daughter, also a lesbian.

Can similar coalitions (business, religious, community and others) be built in other states?
In some ways we were fortunate that, because there had been so many attempts over the years in our state to roll back laws protecting LGBT Washingtonians, we had already built strong relationships with progressive allies, with business and labor and with faith communities. We knew first-hand the importance of having a broad, inclusive coalition.  All four states with marriage ballot measures (Washington, Maine, Maryland and Minnesota) did a terrific job in coalition-building.  Each not only engaged progressive allies, but also had wonderful support from communities of faith, business leaders, libertarians and Republicans.  All broke records for involving the most volunteers, the most donors and so on. Minnesota, in the heartland, and fighting to stop a constitutional amendment for the first time anywhere in the country, raised more than $12 million and had something like 62,000 donors.



Now that we have marriage equality here in Washington, what are the next steps that our LGBT and allied business community needs to take in order to move forward in other states and federally?  What is the significance of the four wins you described for the future?
The Supreme Court will be ruling on two cases related to marriage, one involving California’s Proposition 8 and one involving the federal DOMA, and there are several states where we are looking to move forward on marriage equality in the coming months. We may see marriage equality bills in the state legislatures of Illinois, Minnesota, Rhode Island, Delaware, Hawaii, and New Jersey this year.

Our four ballot victories in 2012 were important not just for people in those states, but also because it provided a backdrop for the U.S. Supreme Court of four popular votes in different parts of the country with different demographics.  Adding additional states in the next few months will further improve the climate for the Court. 

What do you believe is the best messaging for equality going forward?  How can additional wins be secured?
The silver lining of having had 35 ballot measures banning same-sex marriage come before the voters since 1998 where 34 of them having passed was that we had a huge amount of knowledge of what didn’t work. The only measure that failed -- in Arizona in 2006 -- lost because it included limits on civil unions as well marriage, and voters then approved a marriage-only ban two years later. We knew that these campaigns were hard to win because it was always easier for the other side to exploit pre-existing prejudices or fear than it was for us to persuade voters to change thinking that was very ingrained. 

We know that we have to be thoughtful both about the message and the messenger. We needed to move from rational to emotional framing and we had to have a large voter contact effort where human beings talk one on one, giving people a chance to compare their fears and concerns with the actual lives of gay and lesbian people.  Let parents hear from parents, Catholics from other Catholics...  People need to hear from folks with whom they identify. In the past, our side has focused on rights and discrimination. But that framing doesn’t move those voters who are still conflicted. We need to have conversations from the heart, to take it from an abstract frame of mind and into the personal, reminding people that real people and their families can be hurt and to let people know it is ok to have been on a journey to get to a place of understanding. It is important to expect that people want to act with integrity, inclusiveness and decency, toward the common good, rather than assume that because people haven’t always been supportive, their intentions are not good.  We have to tell our stories. We have to listen to their stories. We have to have open hearts and open minds if we want voters to do the same.

What should GSBA's role be going forward at home and to assist other states in making sure that businesses -- large and small -- are supportive of equality and understand the value of equality and what it brings to business?
GSBA has played a critical role in every ballot campaign, helping to build support among small businesses and corporations, explaining why LGBT equality is good for recruitment, particularly in national and global competition for top talent and good for the economy. Understanding of this in the business community is no longer limited to the coasts or to just progressive business leaders.  As seven or more states take up marriage legislation this year, having GSBA reach out to its sister organizations in these states to share with them how business support can make such an important difference both in legislatures and during the campaigns would be terrific

What was it like being a part of history here in Washington state and officiating the two marriages at the Chorus?
Officiating weddings with the Seattle Men’s Chorus and Seattle Women’s Chorus on stage at Benaroya Hall on the first evening marriage was legal was wonderful.  The audience enveloped Jane & Pete-e and Donald & Neil in love and support (Jane Abbott Lighty and Pete-e Petersen; Donald Glenn Jenny and Neil Hoyt). When I said, “By the authority vested in me by the State of Washington,” and the two choruses sang One Hand One Heart, I don’t think there was a dry eye in the house.  I was privileged to be a part of a very special experience.

What do we need to be aware of as we move forward?
As important as marriage equality is, it is only one part of what we need to achieve and that is full equality for LGBT individuals and our families.  We need to address the issue of youth living on the streets. By some estimates, 40 percent of homeless youth are LGBTQ.  We need to improve our current health care system to provide culturally competent care and services for our seniors. Bi-national same-sex couples are still at risk until we have comprehensive immigration reform. Republicans in Congress have refused to pass the Violence Against Women Act because it includes LGBT Americans. Our transgender community has unmet needs. Even though DADT was repealed, as long as DOMA is on the books, LGBT military families are denied housing, benefits and even burial and notification rights.  Until we pass a federal Employment Non-Discrimination Act (ENDA), it will remain legal to fire people in many states solely based on their sexual orientation or gender identity.  So, as we celebrate a year of tremendous momentum, we need to reach back and make sure no one is left behind.

Let’s pass the Employment Non-Discrimination Act! (ENDA)

The Employment Non-Discrimination Act (ENDA) was recently introduced in the Senate by Senator Jeff Merkley (OR-D) joined by Senators Susan Collins (ME-R) and Edward M. Kennedy (MA-D) and is a companion bill to H.R. 3017. The introduction of this bill marks an important day for supporters of fairness and equality. Workplace protections for LGBT people are urgently needed and long overdue. We have waited far too long for a meaningful chance to see protections from discrimination based on sexual orientation and gender identity enacted into federal law.

ENDA would ban employment discrimination on the basis of sexual orientation and gender identity. It creates express protections for lesbian, gay, bisexual, and transgender (LGBT) people similar to those available under existing federal discrimination laws for other protected classes of workers. The bill enjoys bipartisan support in Congress, and President Obama has made clear that passing an inclusive ENDA is one of the priorities of his civil rights agenda.

Currently, twelve states, the District of Columbia, and more than 100 localities have non-discrimination protections that protect all LGBT workers, covering nearly 40 percent of Americans. Additionally, more than 150 Fortune 500 companies have enacted non-discrimination policies protecting LGBT workers. These advancements are a testament to the heroic efforts of local advocates and visionary corporate leaders. These gains are also evidence of the overwhelming public support for employment protections for LGBT workers. Anti-discrimination measures have helped to protect workers in many places, but millions more remain unprotected. LGBT people continue to remain invisible on the job and many suffer open harassment and discrimination simply because of who they are. Passing ENDA will go a long way to rectify this inequity and indignity.

According to numerous surveys, 60 percent of likely voters in the United States support an inclusive federal employment non-discrimination law. The time to pass ENDA is now.

We urge Congress to take speedy action to put this bill on the President’s desk. LGBT employees work just as hard and contribute just as much as other workers. They should not have to fear losing their jobs because of their sexual orientation or gender identity.

We need to join together and engage with Congress by contacting your Senators until the bill is passed and signed into law. Visit website for steps you can take TODAY to pass an inclusive ENDA. And keep checking back—we’ll keep you posted every step of the way.