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White House open to third-gender option on federal IDs, not sure EO needed

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White House officials were open Monday to include a third-gender option on federal government IDs, but stopped short of embracing a request to make that happen via executive order.

Jennifer Klein, executive director of the newly created White House Gender Policy Council, said during a White House news briefing she was willing to look at a third-gender option for non-binary people when asked about a potential executive order.

“I haven’t looked yet to see whether that requires an executive order,” Klein said. “I would note that we are very inclusive in our definition of gender, and we intend to address all sorts of discrimination and fight for equal rights for people, whether that’s LGBTQ+ people, women, girls, men, so that’s certainly something that we’ll look, but I honestly don’t know whether that requires an executive order.

President Biden and Vice President Kamala Harris campaigned on providing a third-gender option on government IDs, such as U.S. passports. Both included the proposed change in the comprehensive plans for LGBTQ rights as 2020 presidential candidates.

The American Civil Liberties Union has since launched a public campaign to encourage the Biden administration to implement the change with an executive order that would direct U.S. agencies to make the change across the board. As reported by The 19th, the White House has engaged in talks with the ACLU about the proposed executive order.

When the Washington Blade pointed out during the briefing the ACLU had started the campaign, Klein turned to White House Press Secretary Jen Psaki, who said, “Sounds like we’ll just have to look into it a little more to see what’s required, but it’s a good question.”

Arli Christian, campaign strategist for the ACLU, said via email to the Washington Blade she takes the White House openness to the executive order as a good sign.

“A warm welcome and thank you to the Gender Policy Council for upholding the White House’s commitment to fighting gender-based discrimination, including discrimination against transgender, intersex and non-binary people,” Christian said. “Reforming the use of gender markers on IDs and records across the federal government is key to that work, and an executive order is the best way to ensure consistency across all the federal agencies. So far, over 70,000 people have signed onto the ACLU’s petition calling for the White House to issue this order. We look forward to continuing our conversations with the White House on this issue.”

At least 19 states, including Arkansas, California, Colorado and Washington State, as well as D.C. allow individuals to select a third-gender option on state-issued IDs, such as driver’s licenses.

A White House official told the Blade after the briefing Biden will work in a general sense to help non-binary people obtain a third-gender option on their IDs, but stopped short of saying an executive order would happen.

“President Biden will champion full equality and civil rights protections for LGBTQ+ people to ensure that every American is treated with respect and dignity regardless of their sexual orientation or gender identity,” the official said. “President Biden remains committed to advancing state and federal efforts that allow transgender and non-binary Americans to update their identification documents to accurately reflect their gender identity, especially as transgender and non-binary people continue to face harassment or are denied access to services because their identification documents don’t affirm their identity.”

Klein also addressed during the White House briefing a question from another reporter, who asked whether the Gender Policy Council would work to address anti-transgender bills in state legislatures, including the measure barring transgender kids from sports Gov. Tate Reeves is expected to sign in Mississippi.

“We have the tools that we have, which are federal laws, and the bully pulpit and fighting for our policy and values, and we will be working really closely across the White House, and the Domestic Policy Council in particular on — and the National Security Council, by the way on a series of equity issues,” Klein said.

Also during the briefing, Psaki answered a question from the Blade on the failed vote in the U.S. Senate on Saturday to defund schools and universities that allow non-biological boys to participate in school sports, essentially barring transgender kids from taking part in athletics. Although the amendment failed, it obtained bipartisan support and was supported by Sen. Susan Collins (R-Maine), who’s known for supporting LGBTQ rights, and Sen. Joe Manchin (D-W-Va.).

Asked by the Blade whether Biden as head of the Democratic Party has any regrets the amendment won support from senators in both parties, Psaki reiterated “transgender rights are human rights.”

“First let me say the president’s position on the rights of transgender kids to play sports is clear,” Psaki said. “He signed an executive order, and he believes transgender rights are human rights and wants to see kids have the opportunity to play sports and participate in a range of activities.”

Psaki added Biden would have opposed the amendment if he were still in the Senate, but declined to comment further or specifically on the bipartisan support the anti-transgender amendment attracted.

“I would say we expected, as there often is with vote-a-rama, there should be a range of amendments that he would oppose, and this certainly would have been one of them, but I don’t have anything more to read out for you in terms of his specific concerns,” Psaki said.

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Bill would create commission on LGBTQ service members, veterans

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Reps. Mark Takano (D-Calif.) and Anthony Brown (D-Md.) on March 4 introduced a bill in the U.S. House of Representatives that calls for creating a federal commission to investigate “the historic and ongoing impacts of discriminatory military policies and practices on LGBTQ servicemembers and veterans.” 

The bill, H.R. 1596, the Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans Act of 2021, authorizes the commission to conduct a fact-finding investigation into the past and current treatment of LGBTQ servicemembers and veterans, according to a statement released by Brown. 

The investigation would include obtaining testimony from servicemembers, veterans, families, advocacy organizations, government agencies, and others, the statement says. 

Takano is one of nine gay or lesbian members of the U.S. House. He currently serves as chairman of the House Committee on Veterans Affairs. Brown, a longtime LGBTQ community ally, is a member of that committee as well as the House Committee on Armed Services. 

The statement released March 4 by Brown’s office says U.S. Sen. Richard Blumenthal (D-Conn.) will introduce a companion version of the bill in the Senate in the coming weeks. 

“For many generations, LGBTQ Americans have stepped up to serve our country in uniform, even when discriminatory policies prevented them from serving openly and when facing higher rates of harassment for just being who they are,” Takano said in the statement. “Many served in our military while hiding their identity, while others were discharged simply because they were LGBTQ,” Takano said.

“Our nation must reckon with the effects of discriminatory military policies and undo the damage that has been done,” said Takano in the statement. “Establishing this commission would help Americans understand the effects of anti-LGBTQ military policies, provide a path forward to rectify the injustices, and help create a welcoming culture for LGBTQ servicemembers and veterans in the military and at VA [U.S. Veterans Affairs Department],” he said. 

“For far too long, LGBTQ+ servicemembers experienced discrimination, harassment, lost opportunities, and violence because of their identity,” said Brown, a retired Colonel in the U.S. Army Reserve who was deployed to Iraq in 2004 while a member of the Maryland House of Delegates. 

“Military policy and practice were wrong then and contributed to this unacceptable environment, a fact that our country must acknowledge in order to move forward,” Brown said. “By acknowledging and providing redress for past discrimination, we can better foster inclusivity within the ranks, improve unit cohesion and readiness,” he said. 

The statement released by Brown’s office says approximately 114,000 service members were discharged on grounds of their sexual orientation between World War II and 2011. According to the statement, an estimated 870,000 LGBTQ veterans have been impacted by “hostility, harassment, assaultive behavior, and law enforcement targeting” as a result of discriminatory military policies. 

“To this day, many LGBTQ veterans who were discharged on discriminatory grounds are unable to access their VA benefits and those still serving face inconsistent protections that make them vulnerable to harassment and put their careers at risk,” the statement says. 

The statement says the commission would also be authorized to make recommendations to Congress for “a path forward that various government agencies, service providers, and the military should follow to ensure equity for LGBTQ+ Americans who wish to serve.” 

The Human Rights Campaign, the Minority Veterans of America, and the Modern Military Association of America announced their support for the bill. 

The Modern Military Association of America was formed through the merger of the American Military Partner Association, which represented LGBTQ military families, and OutServe-Service Members Legal Defense Network, which represented LGBTQ service members since the early 1990s. 

Jennifer Dane, the MMAA’s executive director, said the organization continues to receive reports from active-duty LGBTQ service members and LGBTQ veterans about instances of discrimination and harassment. She said more reports of problems in recent years have been associated with transgender service members following the Trump administration’s reinstatement of the military ban on trans service members, which President Biden overturned in January during his first week in office. 

“Discrimination, harassment and violence have plagued the LGBTQ military community for decades and a formal commission to study and understand the detrimental impacts of harmful policies and behaviors is long overdue,” Dane said.

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Biden administration signals anti-LGBTQ discrimination in credit is illegal

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The Biden administration signaled on Tuesday anti-LGBTQ discrimination among lenders of credit is illegal, marking the latest policy move to bring the U.S. government into compliance with the U.S. Supreme Court ruling in Bostock v. Clayton County.

The Consumer Financial Protection Bureau announced the prohibition on sex discrimination under the Equal Protection Credit Opportunity Act and Regulation B prohibits lenders from discrimination on the basis of sexual orientation or gender identity with a proposed regulation, which will become final after publication in the Federal Register and a comment period.

“In issuing this interpretive rule, we’re making it clear that lenders cannot discriminate based on sexual orientation or gender identity,” CFPB Acting Director David Uejio said in a statement. “The CFPB will ensure that consumers are protected against such discrimination and provided equal opportunities in credit.”

CFPB’s proposed rule is consistent with the reasoning behind the Supreme Court’s decision last year in Bostock v. Clayton, which found anti-LGBTQ discrimination is a form of sex discrimination, thus illegal under the ban on sex discrimination under Title VII of the Civil Rights Act of 1964. The ruling has broad applications to all laws against discrimination on the basis of sex, including federal bans on discrimination in housing, credit, education, and jury service.

Michael Adams, CEO of the LGBTQ elder group SAGE, said in a statement the announcement from CFPB “lifts a burden for LGBT older people who, for much of their lives, have felt compelled to hide their sexual orientation and/or gender identity when seeking access to credit.”

“SAGE applauds the announcement by Acting Director Uejio and the Biden administration, confirming the vital legal protections LGBT elders – and all LGBT people – deserve regarding something as essential as access to credit,” Adams said.

According to SAGE, LGBTQ older people – particularly transgender and LGBTQ elders who are people of color – face disproportionately higher poverty rates than their straight and cisgender counterparts, which makes access to credit “all the more critical.” Under the new regulation, a loan officer at a bank or an agent taking a credit card application over the phone is prohibited from denying people credit for being LGBTQ as opposed to their financial qualifications. 

In 2016, the CFPB previously signaled during the Obama administration in response to an inquiry from SAGE the Equal Protection Credit Opportunity Act affords protections to LGBTQ people. The new proposed regulation, however, offers more formality to that interpretation of the law.

Karen Loewy, senior counsel and seniors strategist at Lambda Legal, also hailed the regulation as a follow up to the initial announcement, saying “this explicit interpretive rule renews and formalizes that commitment.”

“We know that credit discrimination is a huge barrier to financial security for LGBTQ people, depriving people of financing for homes, cars, school, or small businesses,” Loewy said in a statement. “Studies show that same-sex couples routinely have been denied opportunities and faced less favorable terms than different-sex couples in seeking mortgages. LGBTQ people regularly report being denied lines of credit because of their sexual orientation or gender identity or expression.”

According to the proposed rule, at least 20 states and D.C. have prohibited discrimination on the basis of sexual orientation and gender identity in certain or all credit transactions. As such, financial institutions subject to such laws were required to comply with those requirements prior to the issuance of the Bostock opinion.

CFPB’s announcement is consistent with the executive order President Biden signed on his first day in office ordering U.S. agencies across the board to implement the Bostock decision. Last month, the Department of Housing & Urban Development announced it would begin accepting complaints of anti-LGBTQ discrimination under the Fair Housing Act.

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South Dakota accused of legalizing LGBT+ discrimination through backdoor church bill

South Dakota has signed into law a bill that could open up anti-LGBT+ discrimination under the guise of protecting religious beliefs.

Republican governor of South Dakota Kristi Noem signed Senate Bill 124 on Wednesday (10 March) which would give churches leeway to operate during the pandemic.

The bill states that the government would not be able to “substantially burden a person’s exercise of religion” without “compelling government interest”.

But human rights advocates say the bill would allow for discrimination against LGBT+ people across a wide range of goods and services. Activists warn the language is so broadly written that it could enable discrimination against anyone who offends an individual’s or institution’s religious beliefs.

It is similar to the religious freedom restoration act (RFRA) which then-governor of Indiana Mike Pence signed into law in 2015. The RFRA allows Indiana businesses to cite their religious freedom as a legal defence, which can be used to discriminate against the LGBT+ community based on religion.

The 19th reported at least 36 RFRA-type bills – including SB 124 in South Dakota – have been filed in state legislatures since January 2021. Of these, 25 have been attached to bills intended to allow churches to operate during COVID.

Speaking to The Advocate, Janna Fairley, communications director for the ACLU of South Dakota, said religious liberty is important, but it “shouldn’t be used to discriminate”.

“We’re deeply disappointed to see this bill signed into law and are concerned that it will be used to justify harm to already vulnerable communities,” Fairley said. “No one should be turned away from housing, health care or critical social services because of who they are.”

The organisation has urged the South Dakota legislature to change the wording of the bill so it only applied to government treatment of religious services, but it was not changed to do so.

Alphonso David, president of the Human Rights Campaign (HRC), spoke out against SB 124 earlier this month, saying the bill “threatens protections for LGBTQ people, women and people of faith”.

“South Dakotans believe in religious liberty and LGBTQ equality — those two values are not mutually exclusive,” David said. “South Dakota potentially risks the loss of business opportunities and the revenue that comes with it, significant legal fees and damage to the state’s reputation.”

Noem has said she will sign into law a bill that would ban trans people from playing in sports that align with their gender identity. She said on Twitter on Monday (8 March) that she was “excited” to sign the bill “very soon”.

According to the Rapid City Journal, she is still evaluating the bill, despite her excitement for it to pass. She said during a press conference that she had no plans to meet with any trans people to discuss their thoughts on the bill, but South Dakota’s executive branch is “certainly open to listening to everybody”.

Protestors stood outside in the snow and freezing cold temperatures in solidarity with the trans community. The ACLU of South Dakota shared pictures from the protest on Twitter and said: “Today and everyday – trans people belong.”

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Homocon Milo: I’m Now “Ex-Gay And Sodomy Free”

From the far-right LifeSiteNews:

Milo Yiannopoulos, the gay man whose conservative messaging and willingness to speak the truth sparked riots on university campuses may well trigger more outrage now that he describes himself as “Ex-Gay” and “sodomy free,” and is leading a daily consecration to St. Joseph online.

Two years ago, when Church Militant’s Michael Voris famously challenged Yiannopoulos to live a chaste life, Yiannopoulos was not defensive. Instead, he acquiesced, and humbly admitted his human weakness.

“I know everything you’re saying, and I’m just not there yet. And I don’t know if I’ll get there,” Yiannopoulos told Voris. It seems that he has now arrived “there.”

At the link above you’ll find an interview with Yiannopoulos conducted by fellow homocon and alleged ex-gay Doug Mainwaring, who has appeared at NOM’s hate marches. 

LifeSiteNews is operated by the Canadian anti-LGBT and anti-abortion Catholic group, Campaign Life Coalition. Its writers include US anti-LGBT activists Mainwaring and Porno Pete LaBarbera. 

As for Church Militant founder Michael “Comically Bewigged” Voris, a reader tipped me years ago about having attended International Mister Leather with Voris, but I was unable to substantiate that before Voris came out as ex-gay.

Yiannopoulos was recently banned by Parler after posting that “homosexuals should be hanged.” LifeSiteNews has been banned from Twitter.

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President Biden announces new gender policy council to protect women’s and LGBT+ rights

President Joe Biden has announced two new orders to promote gender equality at the federal level with a new White House Gender Policy Council.

The executive orders are set to be signed by Biden Monday (8 March) to mark International Women’s Day.

The official White House statement said: “The White House Gender Policy Council will be an essential part of the Biden-Harris administration’s plan to ensure we build a more equal and just society – by aggressively protecting the rights and unique needs of those who experience multiple forms of discrimination, including individuals who are Black, Latina, Native, Asian American and Pacific Islander, people with disabilities, and LGBTQI+.”

The statement also highlighted how the COVID-19 pandemic “has exacerbated barriers that have held back women, especially women of colour”.

The first order is focused on advancing gender equity and equal opportunities for women and girls. The second is focused on reviewing the Department of Education’s policies to “guarantee education free from sexual violence”.

The executive order establishing the council will require its co-chairs to submit a strategy to address gender policies, programs and budgets across the government. The council will also employ two staff roles specifically focused on preventing and responding to gender-based violence.

The order states it is “intended to advance gender equity and equality, with sensitivity to the experiences of those who suffer discrimination based on multiple factors, including membership in an underserved community.”

The second executive order is specifically focused on “guaranteeing an educational environment free from discrimination on the basis of sex, including sexual orientation or gender identity.”

It highlights “the significant rates at which students who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence”. It also specifically notes other intersectional discrimination including “on the basis of race, disability and national origin”.

This order calls on the Education Department to re-evaluate the controversial Title IX regulation which offers protections to those accused of sexual harassment or sexual assault on campus. This was implemented under former education secretary Betsy DeVos during the Trump administration.

The move comes shortly after Biden called for the Equality Act to be passed quickly in congress to prohibit discrimination against LGBT+ people in housing, employment and education, among other areas.

Biden has also recently hired a senior advisor for LGBT+ issues to help aid the administration in its commitment to inclusion, alongside an associate director of public engagement who will also advise on LGBT+ issues.

You may have heard of Abby and Brittany Hensel before, either on Oprah, in Time…

In his victory speech after the 2020 presidential election, Biden promised: “Young, old, urban, suburban, rural, gay, straight, transgender, white, Latino, Asian, Native American… You always had my back and I’ll have yours.”

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President Biden appoints senior advisor on LGBT+ issues

President Joe Biden has come through with his promise to promote inclusion by appointing Reggie Greer as a senior advisor on LGBT+ issues.

Greer previously served as the director of constituent engagement at the Victor Institute before joining the Biden presidential campaign in March 2020. He helped build Biden’s LGBT+ elected officials network and the administration’s candidate training, which encourages LGBT+ people to run for office.

In his new role as director of priority placement and senior advisor on LGBTQ issues, Greer will help bring forward Biden’s vision to create the most LGBT+ inclusive administration in history. As such, Greer will act as the “bridge” between the LGBT+ community and the Biden administration.

He will be joined by Hannah Bristol, who was appointed as an associate director of public engagement, in advising on LGBT+ issues as well as youth and progressive issues.

Mayor Annise Parker, president and CEO of the Victory Institute, said Greer is a “ray of sunshine in the conflict-driven world of politics and the respect and trust he’s earned from LGBTQ leaders will make him an extremely effective advisor”.

“He exemplifies the America United ethos, with a rare ability to bring diverse communities and interests together and rally them behind a common cause and vision,” Parker said. “He will be invaluable as a bridge between the administration and the millions of LGBTQ Americans relying on president Biden to bring needed change to our nation.”

‘Biden will fight for queer people with disabilities like me’

In a column for Out magazine, Greer promised that Biden would fight to restore the “soul of the nation” by bringing forward more inclusive policies, especially by fighting for LGBT+ rights “here at home and abroad”.

He also said Biden would “fight the epidemic of violence against transgenderpeople, tackle the effects of climate change, address systemic racism and injustice and rebuild an economy that works for everyone”.

Greer shared how his life as a disabled, gay man had shaped his career. He grew up with hemifacial microsomia, a degenerative birth defect that affects one out of every 10,000 births, which he said “was not easy, but I learned early on to make this journey my own”.

He also remembered “how impactful it had been for me” to come out to his parents. Greer said he was able to “lean into my truth and embrace all of the qualities that make up who I am”.

He explained Biden is a “president of the light” who is “explicitly drawing upon our collective desire for a just and inclusive society — a society where we embrace cultural differences and policies that are equitable”.

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LGBT Activist To Challenge Trumpster Rep. Madison Cawthorn

The Asheville Citizen-Times reports:

A Buncombe County commissioner who gained national prominence in the campaign to fully legalize same-sex marriage has said she will seek the congressional seat held by far-right Republican Madison Cawthorn.

The Rev. Jasmine Beach-Ferrara of Asheville announced her run March 3 for the 11th District seat, taking an immediate shot at Cawthorn and his Washington speech to supporters of former president Donald Trump directly before the Capitol storming.

“Some people will say a gay woman who’s a Christian minister just can’t get elected in the South. Not to mention, she’s a Democrat. When I say an insurrectionist who flirts with Nazis, fires up a violent crowd to attack our democracy, well he shouldn’t get reelected anywhere,” she said in a campaign video released with the announcement.

Read the full article.

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University professor fired over homophobic, racist tweets blames them on electromagnetic fields

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Ferris State University professor Thomas Brennan was fired after tweeting about “fags” and dismissing COVID-19 as a “hoax”.

Brennan, a former assistant physical science professor at the Ferris State University in Michigan, was previously placed on leave in November last year for a slew of homophobic, racist and antisemitic social media posts.

He often tweeted about the “Jewish mafia”, called the coronavirus pandemic a “Jewish revolution” and used the N-word in reference to Black physicist Neil deGrasse Tyson, according to an exposé by the university’s newspaper The Torch.

As much as Brennan sought to shrug off the article as a “hit piece” at a time, he confirmed on Twitter Saturday (27 February) that he has now been dismissed from the university.

The school confirmed to The Detroit News that it had terminated his contract Thursday (25 February).

“Ferris State University Assistant Professor of Physical Sciences Thomas Brennan’s employment at the university has been terminated, effective Thursday, 25 February 2021,” a spokesperson said.

“The university has no further comment.”

Ferris State professor Thomas Brennan blames homophobic tweets on ‘electromagnetic fields’

In a lengthy, six-page statement on his personal website, Brennan said he tweeted what he did because of, among other things, electromagnetic fields.

“My defence is that I was acting out and speaking out of despair caused by a personal crisis involving extremely painful migraines, EMF sensitivity and a series of repeated break-ins into my home,” he wrote.

“I am one of thousands of Americans from all walks of life who claim to be victims of a secret programme that harasses people, breaks into their homes, and uses [electromagnetic frequency] along with bio, neuro, or nano-technologies to poison and torture their targets,” the statement continued.

“Rather than kill the target, the goal is to get the target to have a breakdown that discredits them and causes them to lose their livelihood.”

He went on to detail various points of contention between himself and faculty leaders, such as refusing to wear a mask on the grounds that a mandate would be “immoral” and claiming that the severity of the coronavirus has been “exaggerated by revolutionary leftists in the media and government”.

He also admitted to the “red zingers” he posted to his Twitter and described his account on the platform as a “little hole to shout in and purge my despair”.

“As I said, it was despair that led me to do this, and I knew I might get in trouble but I needed to cry out,” he said.

“Since I had no way to speak about my disability at work,” Brennan added, “I was exercising my free speech rights on Twitter as a result of my disability.

“Therefore the things I said on Twitter were not expressed in order to discriminate against people of different races or social categories but were uttered as a result of my disability. This is one of many reasons why freedom of speech exists.”

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State groups seen as key to winning over undecided senators on Equality Act

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In the week after the U.S. House voted to approve the Equality Act, state LGBTQ advocacy groups are expected to have a significant role as part of an upcoming campaign to convince senators to support the legislation to get it to President Biden’s desk.

State equality groups — some of which are unable to endorse at the federal level, so less hampered by political affiliations than national organizations and lobbyists — are seen as local organizations able to represent constituents and have more personal influence on lawmakers, which would be key in winning over senators like Susan Collins (R-Maine) and Mitt Romney (R-Utah) in the effort to find 60 votes to end a Senate filibuster.

Fran Hutchins, executive director of Equality Federation, said Tuesday in an interview with the Washington Blade state groups would “have a huge role” in efforts to pass the bill, which would expand anti-discrimination protections for LGBTQ people under federal law.

“When we’re thinking about who is our audience, really, for getting this passed, it’s going to be conservatives who are going to care a lot about what their constituents think about this,” the leader said.

Hutchins added members of the Equality Federation, which facilitates coordination among state advocacy groups, have for the past two years undertaken lobbying and education efforts on LGBTQ non-discrimination protections. Those efforts, Hutchins said, are expected to expand and continue this year in partnership with the LGBTQ group Freedom for All Americans.

“Many of the conversations about the Equality Act will be happening in D.C,” Hutchins said. “But, when it comes down to it, what senators care about is what folks back home think, and so, that’s going to be the role of state groups.”

Leaders of statewide groups who spoke to the Blade said they’ve already engaged with lawmakers who would be crucial for the support necessary to end the filibuster in the Senate.

Troy Williams, executive director of Equality Utah, said his organization has met with Romney, who has signaled in a statement to the Blade that he won’t support the Equality Act out of concerns for insufficient protections for religious liberty in the legislation.

“We have been impressed with Sen. Romney’s principled stand on the abuses of Donald Trump and his willingness to march with Black Lives Matter,” Williams said. “We have encouraged him to be a voice of reason to help bring people to the table from both sides. It would be ideal, and good for the country if the Equality Act could pass with bipartisan support. With the filibuster in place, it won’t move without it.”

Williams said Romney, similar to the position he’s made public, told Equality Utah he would require “some religious accommodations or clarifications” before supporting the Equality Act.

Another lawmaker Williams said Equality Utah has been in contact with is Sen. Mike Lee (R-Utah), who has introduced a measure that would weaken protections under Title IX of the Education Amendments of 1972 requiring schools to allow transgender kids to participate in sports.

“Sen. Lee’s staff only wanted to talk about transgender children in sports, and his position there is unfortunate,” Williams added. “Thankfully, here in Utah, we successfully defeated our transgender sports ban just last week.”

Matt Moonen, executive director of Equality Maine, said the last time his organization spoke with Collins on the Equality Act was in 2016, when all three of the senior staff met with her at her office in Washington, but the results weren’t positive.

“At that meeting she expressed a desire for changes to the language, but was unable to articulate what they were,” Moonen said. “Her LGBTQ policy staffer was also unable to articulate what those changes were in follow-up communications. When she signed on as a cosponsor to the bill in 2019, we assumed whatever language concerns she had previously had been resolved.”

Moonen pointed out Collins continues to fail to articulate the change she’s seeking, but “it does seem relatively clear that she isn’t planning to vote for the Equality Act in its current form.”

“All LGBTQ Americans should be free from discrimination, and LGBTQ Mainers shouldn’t lose their protections just by crossing state lines,” Moonen said. “It’s embarrassing that Sen. Collins is more than 15 years behind the people of Maine on something as simple as basic non-discrimination, and we urge her to catch up to the people she is supposed to represent.”

Moonen added Equality Maine is able to endorse candidates at the federal level. Although the Maine group stayed neutral in 2008 and 2014 when Collins was seeking reelection, the group in 2020 endorsed Democratic challenger Sara Gideon, who ended up failing to unseat Collins.

In terms of additional resources and programming, national groups and institutional funders are also expected to contribute additional resources to state groups as part of a forthcoming campaign on education and lobbying efforts for the Equality Act.

One insider said the LGBTQ donor community is working on building up Equality Utah, Equality Ohio and Equality Florida to “help lift up local voices and constituents to share lived experience.”

“The nexus of LGBTQ rights has always been at the state and local level,” the insider said. “Our first rights were won there. They are the first responders of our movement. And even after any federal legislation, the defense of those rights will start there.”

Hutchins said the good news about state groups is they don’t require a significant amount of resources to conduct outreach.

“Communications firms and lobbying firms cost a lot of money,” Hutchins said. “It doesn’t cost a lot of money for folks to make calls to their representatives. It doesn’t cost a lot of money…to build those relationships with folks to influence legislators, faith groups and parent groups and things like that.”

At the end of the day, finding 10 Republican votes for the Equality Act to overcome a filibuster would be a significant challenge even with a grassroots campaign with state advocacy groups at the forefront.

Malcolm Lazin, executive director of the Philadelphia-based Equality Federation, said he’s “out of the loop” about anything at the state level when asked about efforts to convince Sen. Pat Toomey (R-Pa.) to support the Equality Act.

“At best, it appears that there are no more than six Republican senators that would support the bill — insufficient to reach 60,” Lazin added. “My best guess is that passage will occur when Democrats eliminate or revise the filibuster. The latter seems more likely.”

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