Washington Markup

A Jury of Your Peers – The Right to a Jury Trial Free from Discrimination

By Patrick DePoy, ACLU Washington Legislative Office at 3:17pm

Congressman Steve Rothman (D-NJ) recently introduced the Juror Non-Discrimination Act (H.R. 5848) to prohibit discrimination against any juror on the basis of sexual orientation or gender identity. Congressman Rothman stated, “[t]he fact that it is still lawful for lawyers to dismiss potential jurors solely on the basis of a person’s sexual orientation or gender identity is wrong and has to change.” There is no rational relationship between one’s race, color, religion, sex, national origin or financial status and one’s ability to administer justice as a juror. 

The Sweeping License to Discriminate Hidden in the NDAA

By Dena Sher, ACLU Washington Legislative Office & Ian S. Thompson, ACLU Washington Legislative Office at 1:58pm

With Congress having recently approved this year’s NDAA, we think it is important to draw attention to a provision (Section 533(a)(1)), which, though hidden away, is unprecedented, sweeping, and could invite dangerous claims of a right to discriminate against not just lesbian, gay, and bisexual service members, but also women, religious minorities, and in the provision of health care.

Critical Transgender Concerns Awaiting Action at the Social Security Administration

By Ian S. Thompson, ACLU Washington Legislative Office at 2:48pm

Late last week, the ACLU joined a letter to the Social Security Administration (SSA) drafted by our coalition partners at the National Center for Transgender Equality. The letter expresses a shared concern over a lack of action from SSA on several policy matters of critical importance to transgender people and their families. 

The three areas addressed in the letter include the need for an updated policy for changing gender information in SSA records; revising guidance regarding marriages involving a transgender spouse to accurately reflect state and federal law; and phasing out the use of gender data in SSA computer matching programs.

Why ENDA's Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 10:21am

Remarkably, there are only 16 states that currently have workplace non-discrimination laws that are fully inclusive of LGBT people. This leaves LGBT people vulnerable to workplace discrimination in well over half of the country–an unacceptable situation that must be changed.

To address this, last week, the Employment Non-Discrimination Act (ENDA) was reintroduced in Congress. The legislation would prohibit employment discrimination based on sexual orientation and gender identity in most American workplaces, a critically important step towards full equality for LGBT people.

School Is For Everyone: Celebrating Plyler v. Doe

By Anthony D. Romero, ACLU at 10:11am

Jocelyn came to the United States when she was six years old, brought by a single mom who wanted her to go to school and have a better life than she did. Today, at age 14, Jocelyn is an honors student in Alabama, where she hopes to become the first in her family to graduate from high school, and to one day become a doctor. Jocelyn is striving to live the American Dream. 

Senator Portman, ENDA's Religious Exemption Is Already Too Broad

By Ian S. Thompson, ACLU Washington Legislative Office at 12:18pm

At an event hosted by BuzzFeed on Monday night, Sen. Rob Portman (R-Ohio) said that he totally supports the concept of the Employment Non-Discrimination Act (ENDA) because, "This is about discrimination in the workplace. And there should be no discrimination and there ought to be a law in place, in my view."

The LA Times Agrees – ENDA’s Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office at 11:08am

On Thursday, the Los Angeles Times published a powerful editorial arguing that a blank check for religiously affiliated organizations – far beyond houses of worship – to discriminate in employment against LGBT people should not be the price paid to enact the long-sought and critically important Employment Non-Discrimination Act (ENDA).

Racial Justice and LGBT Equality – Moving Beyond the Politics of "Divide and Conquer"

By Ian S. Thompson, ACLU Washington Legislative Office at 4:53pm

It was recently revealed in internal strategy memos from the anti-gay National Organization for Marriage that the organization hoped to pit racial and ethnic minorities against the LGBT community as a way to defeat and rollback gay rights advances, specifically marriage for same-sex couples. The memos included the following: The strategic goal of this project is to drive a wedge between gays and blacks — two key Democratic constituencies. Another expressed goal was to make opposition to marriage for same-sex couples a "key badge of Latino identity."

The Single Most Important Step Congress Could Take to Improve the Lives of LGBT Students

By Ian S. Thompson, ACLU Washington Legislative Office at 10:48am

For those who work each and every day to secure basic fairness and equality under the law for LGBT Americans, the pace of positive...

Let's Be Clear: Transgender Discrimination IS Sex Discrimination

By Ian S. Thompson, ACLU Washington Legislative Office at 12:10pm

Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act’s prohibition on sex discrimination applies to discrimination based on gender identity and sex stereotypes.  The fact that someone is transgender or does not conform to stereotypical notions of masculinity and femininity should never be a barrier to accessing health care services.