Buzzfeed takes a look at the growing split among LGBT activists groups about whether to pursue the achievable—additional state and perhaps federal legislation outlawing employment and housing discrimination against LGBT individuals—or oppose such legislation unless it also covers public accommodations, which would extend to everything from Christian bakers who don’t want to put two grooms atop a wedding cake to private businesses that want restrooms restricted to biological genders.
Reports Buzzfeed’s Dominic Holden:
One key player is the Gill Foundation…. Gill and several groups that receive its grants, including Freedom for All Americans and the National Center for Transgender Equality, contend this sort of compromise may be their only shot of winning civil rights for millions of LGBT people at the state level in the next decade, even if those gains are incomplete. Leaders of those organizations say they can return to these legislatures in the future to finish the job of passing public accommodations when the issue becomes more palatable.
But groups across the field, including the ACLU and the Human Rights Campaign, have argued the short-term gain approach could amount to entering a box canyon. It may take years to pass laws that provide public protections in the future — if ever. And leaving them out may even send a message that discrimination in public is acceptable.
The ACLU sent a blunt letter to Pennsylvania lawmakers and organizations on June 10 detailing their objections to the compromise bill.
I think anti-discrimination laws are often misused and that applying local ordinances on public accommodations to persecute small business owners who, as a matter of their religious convictions, decline to provide creative services to same-sex weddings is gruesomely authoritarian. But I can accept workplace and housing statutes, and apparently so can a lot of transgendered people. As Buzzfeed notes:
In Ohio, LGBT activists shut down a bill this session that left out transgender people. However, Grant Stancliff, a spokesperson for Equality Ohio, told BuzzFeed News that a bill that includes transgender people, yet leaves out public accommodations, may be an appealing compromise to some activists.
“We have heard from transgender people that the biggest wound is in housing and employment,” he said. “So if we were able to secure that, the material benefit for a lot of people’s lives would be pretty big.”
One has to wonder how much of the “no compromise” intransigence is principled opposition on the all-or-nothing front, and how much is based on knowing that not passing anti-discrimination legislation at all is more likely to keep the base fired up and shelling out the bucks.
More. For more than two decades the Human Rights Campaign has failed to pass its signature legislative goal, which for most of that time was the Employee Non-Discrimination Act (ENDA) and is now the Equality Act. This includes periods with both a Democratic president and Democratic congress (under Bill Clinton and Barack Obama), and periods with a Republican congress but enough GOP support to push ENDA through. What happened? Every time the measure was poised to pass, activist groups would insert some new provision that would lose majority support (adding transgender protections most prominently, and now the expansion to include public accommodations). Or, as with ENDA under Harry Reid’s Senate and Nancy Pelosi’s House, the Democrats would strangely fail to move the bill out of committee, with nary a protest from HRC—until Republicans were back in charge.