Post on 21-May-2020
THE LOOK FORWARD THE POST-ELECTION LANDSCAPE FOR LGBTQ EQUALITY
• Welcome to today’s installment of: “The Look Forward: What’s New
in LGBT Workplace Inclusion”
• Presentation followed by Q&A
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WELCOME
TODAY’s PRESENTERS
Beck Bailey Deputy Director,
Employee Engagement
Jeremy Pittman Deputy National
Field Director
LONG-TERM TRENDS
SUPPORT FOR MARRIAGE EQUALITY
Source: Gallup
LONG-TERM TRENDS
LGBTQ EQUALITY AS AN ELECTORAL ISSUE
Polling on marriage equality:
42% in favor vs. 55% against
Seen as key wedge issue
favoring conservatives
Same-sex marriage bans
pass on the ballot in 11
states
President George W. Bush
endorses call for amendment to
the U.S. Constitution
banning same-sex marriage
LONG-TERM TRENDS
LGBTQ EQUALITY AS AN ELECTORAL ISSUE
Polling on marriage equality:
53% in favor vs. 46% against
Marriage equality wins at the ballot in 3
states
(and a ban on same-sex marriage
defeated in another)
President Obama supports marriage equality
No longer seen as wedge issue
favoring conservatives
LONG-TERM TRENDS
RISE OF ANTI-LGBTQ STATE LEGISLATION
200+ anti-LGBT
bills
34 states
Dramatic
Increase
in anti-
trans bills
2016
2016 ELECTION RESULTS
PRESIDENCY
2016 ELECTION RESULTS
CONGRESS
• Democrats gained seats in both the House and Senate,
but Republicans maintain majorities
2016 ELECTION RESULTS
CONGRESS
• Four new pro-equality women elected to the Senate
• All LGBT members of the House reelected
Maggie Hassan
New Hampshire
Tammy Duckworth
Illinois
Catherine Cortez Masto
Nevada
Kamala Harris
California
IMPLICATIONS OF THE 2016
PRESIDENTIAL ELECTION
IMPLICATIONS OF THE 2016
PRESIDENTIAL ELECTION
• No change on Court from first
nomination – replaces
conservative Antonin Scalia
• Subsequent appointments could
undo pro-equality Court majority
Ruth Bader Ginsburg
Age 83
Anthony Kennedy
Age 80
Stephen Breyer
Age 78
IMPLICATIONS OF THE 2016
PRESIDENTIAL ELECTION
• Received zero on HRC Scorecard
• Voted for Federal Marriage
Amendment
• Voted against federal hate crimes law
• Spoke against Obergefell marriage
equality ruling
• Oversaw anti-LGBT publications at
Breitbart News
• Opposes non-discrimination
protections that allow transgender
people to access public facilities
• Received zero on HRC Scorecard
• Voted for Federal Marriage
Amendment
• Voted against repeal of “Don’t Ask,
Don’t Tell”
IMPLICATIONS OF THE 2016
PRESIDENTIAL ELECTION
• Executive Orders: Ban on anti-LGBT
discrimination in employment by federal
contractors
• Regulations: End of HIV travel ban; Bans on
anti-LGBT discrimination in health insurance
under ACA, in federally-funded health programs,
in HUD housing, etc.
IMPLICATIONS OF THE 2016
PRESIDENTIAL ELECTION
• Department of Justice: 2014 decision to no longer
assert that gender identity is not covered under Title
VII prohibition on sex discrimination
• Department of Education: 2014 guidance clarifying
that transgender students are protected under sex
discrimination provisions of Title IX
• Department of Health & Human Services: 2015
revised recommendations on blood donations by
gay men
• Department of Housing & Urban Development:
2010 interpretation of Fair Housing Act to include
protections on the basis of gender identity, sex
stereotyping, and perceived HIV status
IMPLICATIONS OF THE 2016
CONGRESSIONAL ELECTIONS
• LGBT Community Priority – The Equality Act
• Would amend federal civil rights law to add
protections for LGBTQ people in employment,
housing, credit, public accommodations, jury
service, and more
• Unlikely to advance or receive hearings
• Opponents’ Priority – First Amendment Defense Act
• Would allow individuals to refuse goods or
services based on a religious belief about
marriage
• Likely hearings, with potential to advance
2016 STATE ELECTIONS
• North Carolina: Defeat of
anti-LGBT Gov. Pat
McCrory was top priority
and sends strong signal
that support for HB2-style
laws comes with political
price
• Oregon: For the first
time, voters elect an
openly LGBT governor –
Kate Brown
2016 STATE ELECTIONS
• Republicans won control of the
Kentucky House, the Iowa Senate,
and the Minnesota Senate
• Republicans also won the
Missouri and New Hampshire
governor races, giving
Republicans complete control of
government in Kentucky, Iowa,
Missouri, and New Hampshire
• Democrats took control of New
Mexico House, Nevada Assembly
and Senate, and Washington Senate
• The Connecticut Senate is now tied
IMPLICATIONS OF THE 2016
STATE ELECTIONS
• Hundreds of anti-LGBTQ bills introduced across
the country
• Focus on municipal pre-emptions, religious
refusals, and anti-transgender provisions
• Texas in session!
• Short timelines requiring rapid response
• Limited opportunities for pro-equality legislation
• Bans on conversion therapy
• Non-discrimination bills may include
untenable “compromises”
BOTTOM-LINE ANALYSIS
• Republicans will control the presidency and both
chambers of Congress for the first time since 2006
• Puts LGBTQ community on defensive
• Limits opportunities for positive gains
• Underlying shifts in public opinion on LGBTQ
equality may be moderating factor
• Undoing many Obama Administration gains
will require new laws or regulations
• Anti-LGBTQ attacks in the states will continue, with
potential new emphasis in Iowa, Kentucky, and
Missouri
WHAT CAN YOU DO AS AN
INDIVIDUAL?
• Sign up to receive news and action alerts from
HRC and your state-based LGBTQ advocacy
organization
• Make sure you know who your members of
Congress are and put their offices on speed
dial
• Ensure that you are working to create a safe
and supportive work environment for all of
your colleagues
Questions?
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ask a question
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• Type question in to the
“question function”
COMING UP NEXT TIME
Next session: Monday, January 23rd
Federal & Judiciary Update
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