ENDA: Daring to Hope

There's a little more good news for LGBT people.  Today, the U.S. Senate passed ENDA, the Employment Non-Discrimination Act.

When news of the vote was getting out, a friend brought up a common question, so I figured I'd mention it.

"Isn't that already the law?"

The answer is actually "no."  I was tempted to say, if that were the law, the Senate wouldn't be voting to make it the law, but then one never knows.  There are protections for government workers, and some state laws that protect gay and lesbian workers from discrimination in the private sector.  Fewer have protections for transgender employees.  That means that in most states, a person can be fired, or passed up for hiring or promotion, simply because they are gay or transgender.  

So why don't we hear about it?  Speaking for my local community, we here in Wisconsin are in one of the states that at least protects gay and lesbian people.  Wisconsin was the first state to include gay and lesbian in the equal opportunity laws, back when "Forward" meant something.  

Another reason we probably don't hear about many problems is that most major companies have voluntarily included sexual orientation in their non-discrimination policies, with many also including gender identity.  Even companies that don't officially prohibit workplace discrimination are not going to be too militant about it.  Cracker Barrel once had an official policy of not hiring and even firing any employee found to be gay or lesbian.  (It could not be enforced in Wisconsin, but at the time was legal in Illinois)  There was a national boycott of their stores and restaurants, and the policy has since been removed.  

But it does happen, and in states where it's legal, some people don't come forward about why they were fired.  These are typically areas where a person who comes out faces additional harassment and possible violence, especially if they "make a big deal" about why they were fired.  So, some protection, like ENDA is necessary.  

There is a tough fight ahead.  The bill still has to pass the House, and the indications are that Speaker John Boehner will not even let it be introduced for discussion.  

It would seem that the answer lies with a group that I frequently criticize.  An email I received from Log Cabin Republicans (list) says that they have met with some House Republicans to make the case for ENDA.  I'll be keeping an eye on their efforts and wish them well.  

Getting the Word Out to LGBT Concerns and the Affordable Care Act

Monday November 4th was the Wisconsin Launch of a community program called "Out2Enroll."  Milwaukee got to be the first stop in a nationwide effort to promote awareness of how the Affordable Care Act (ie. "Obamacare") affects LGBT people.

I wanted to get more information because I'm still unsure about the legislation.  I'm not as hyped about the ACA as Democrats are, but I'm also not as pissed about it as Republicans are.  This was a presentation that addressed issues important to me.  I won't speak as much in this article about the legislation itself.  Suffice to say, it is the law.  And while it is the law, I encourage LGBT people to check out the website out2enroll.org.  Here's why.   

The issue that stood out for me invloved coverage disparity, as noted in a chart in the presentation given by Kellan Baker, MPH, MA, Associate Director of LGBT Research and Communications Projcect at the Center for American Progress.  The chart* shows the current sources of coverage for LGBT people in the U.S. with 34% of LGBT Americans having no insurance at all.  29% have employer provided insurance.  Baker pointed to the known issues preventing LGBT people from receiving coverage, such as the inability to cover a partner in a state that does not recognize same-sex relationships.  The low rate of LGBTs with employer provided coverage points to the over 30 states where private companies can make hiring and firing decisions based on sexual orientation.  [edit: the number of states that do not include LGBT protection at state level is now 29, down since the previous time I checked]

This lack of coverage is especially problematic for a community with high rates of smoking and substance use, cancers, violence and abuse, HIV/AIDS.  Then there is the wide range of mental health issues; coming out, rejection by family and others, bullying, high rates of suicide, and homelessness.

My conservative leanings say that these issues need to be addressed more directly, and there are efforts in many of those areas.  Milwaukee's LGBT Community Center has a program to help people quit smoking, as well as an Anti Violence Project (AVP)  The AIDS Resource Center of Wisconsin is one of many organizations fighting the epidemic through education, prevention, and treatment.  Trevor Project and Dan Savage's "It Gets Better" campaign are reaching out to help LGBT youth who may be considering suicide.  One day after this presentation, Illinois became the 15th state to recognize same-sex marriage.

However, these changes are coming slowly, and there are people who need access to healthcare now.  With the Supreme Court Decision striking down DOMA, the ACA can extend coverage to partners married in a state where same sex marriage is legal, even if they currently reside in a state that doesn't.  Prior to ACA, insurers could exclude coverage in areas of vital importance to the lives of LGBT people.  We still need to address the root issues, but making those changes will take time that many people don't have.  As Secretary of Health and Human Services, Kathleen Sebelius said at the White House launch of Out2Enroll, "The Affordable Care Act may represent the strongest foundation we have ever created to begin closing LGBT health disparities."  After hearing the presentations on Monday, I agree.  And it's the foundation we need right away, not later.

A final note.  Kellan Baker from the Center for American Progress, Matt Hinz from HHS, covered the statistical and informational aspects of the program.  During the afternoon session, a trans woman named JoLee (sp) talked about her experiences with the insurance and medical professions as they currently are.  While she spoke with good humor, she seemed to me the quiet type; someone who wouldn't normally get up and talk to a group if she hadn't really been pushed to the breaking point by her experiences.  I won't share the details, they are hers to share.  But hearing the struggles she went through, the rude treatment by doctors and health professionals, put a very strong feeling argument to this issue.  I applaud her courage in speaking on Monday, and am grateful to have been there.

* Chart presented represents LGBT people with annual income under 400% of FPL.  Source: Center for American Progress