In a stunning and controversial move, Indiana's statewide LGBT organization, Indiana Equality, has publicly called the Employment Non-Discrimination Act (ENDA) "a new form of segregation," and will not support the proposed federal legislation. Instead, the group will only accept full inclusion in the federal civil rights code.

IElogo.pngThere is a window of opportunity now that may not come for another generation. If we push for less than full inclusion, it may be more difficult to motivate public support for full civil right protections. We should not ask for less than we need.

Anything less than full inclusion is unacceptable. Accordingly, the Employment Non-Discrimination Act (END) [sic] as currently proposed, cannot be accepted, supported or promoted by Indiana Equality.
...
Clearly, ENDA doesn't make us equal - rather, it creates a new form of segregation. It does not provide protections in housing and public accommodations. There are no protections for LGBT children in the public schools where administrators continue to turn a blind eye to harassment and brutality. With ENDA, we are only marginally protected in the workplace.

The complete text of the statement is after the jump.

The organization, led by Republican fundraiser and organizer Kathy Sarris, has been perceived by some in the community as delaying, rather than hastening, pro-LGBT state legislation. This may be prompted in part by rumors of board infighting and financial mis-management. Several organizations, including, among others, HRC, PFLAG, and Tri-State Alliance have either pulled out of the coalition altogether or stopped sending representatives to board meetings.

Other national and state organizations quickly distanced themselves from Indiana Equality (IE). Asked for comment, no other LGBT rights organization would stand with the group's position and some actively condemned Indiana Equality outright.

Reactions from other LGBT organizations were swift and decisive. National organizations joined with state-level groups in supporting a fully-inclusive ENDA and suggesting that Indiana Equality's new position was entirely wrong. Human Rights Campaign spokesperson Brad Luna noted that no representative of the national organization sits on the Indiana Equality or Indiana Equality Action boards.

"No one officially representing HRC is on the board or voted on this measure," said Luna.

"HRC supports a fully inclusive ENDA. Currently, it is legal to fire gay and lesbian employees in 30 states and transgender employees in 38 states. Although it is important that states continue individually to move legislation to protect their LGBT workforces from employment discrimination, we believe that a federal law is a necessity to the welfare of all LGBT workers across the country," according to Luna. "A fully inclusive ENDA remains a top priority of the LGBT community, including the Human Rights Campaign."

Indiana Stonewall Democrats president Doug Meagher quickly pointed out the political realities of making such a statement.

"As a politically partisan organization, the Stonewall Democrats want to make certain that we don't undermine the many elected officials in our Party who have endorsed ENDA; some of their own volition and others in response to requests from our community leaders. So, if the proposed dialogue leads to a general strategic shift, it would be wise to have our elected friends of all political persuasions participating in that dialogue and supportive of any redirected efforts," he said.

Jon Hoadley, Executive Director of the national Stonewall Democrats went even further.

"Passing a fully inclusive piece of legislation not only will help guarantee protections for LGBT individuals throughout the country but also will show politicians that you can vote for our community and not have it be a political liability. The overwhelming majority of Americans support fully inclusive non-discrimination laws. When politicians can pass a law that makes people's lives better and they get political kudos instead of liability, it'll be easier to pass a pro-equality agenda at the federal, state and local levels," Hoadley told Bilerico Project.

No one knows how IE's stance will effect Indiana's Blue Dog democratic Congressmen Joe Donnelly, Brad Ellsworth and Baron Hill. Donnelly and Ellsworth recently voted against a hate crimes bill passed by the House of Representatives. Hill voted in favor of the legislation, but has been wishy-washy on favoring a fully inclusive ENDA that includes protections based on gender identity and expression.

Becky Dansky, Federal Legislative Director for the National Gay and Lesbian Task Force Action Fund commented, "While each organization is free to make its own determination of what it supports and why, the National Gay and Lesbian Task Force Action Fund is advocating for an inclusive ENDA, as we have been for years. We and other organizations also have a long history of working on the many issues facing LGBT people through legislation, grassroots organizing and public education. We think advocating for an inclusive ENDA is the most effective strategy to provide employment protections for LGBT people."

Speaking on behalf of the Equality Federation, an umbrella organization of state equality groups of which IE is a member, Executive Director Toni Broaddus said, "Equality Federation continues to support a fully inclusive ENDA. We participate on the steering committee for United ENDA and will continue to do so. However, positions taken by Equality Federation do not necessarily reflect the views of all our member groups. We support, first and foremost, the right of each state group to articulate its own positions on issues of importance to the LGBT community."

Broaddus made clear, however, that personally she wasn't buying IE's argument that ENDA will "adversely affect" state efforts to pass non-discrimination protections around housing and public accommodations.

"In the states, we have often been able to pass far stronger bills than at the national level on a whole variety of issues, and I support all efforts to do that around lgbt issues in Indiana and elsewhere," she said. "Of course, in some states, we are not going to be able to pass employment laws for years and years, and federal legislation will help protect many LGBT people in those states who would otherwise not have protections. It is certainly not a perfect bill, but it will provide employment protections for hundreds of thousands of people. If ENDA does pass, I don't think it will stop state efforts - just as federal civil rights legislation did not stop the passage of state civil rights legislation around race, sex, religion, etc. at the state level."

Mara Keisling, Executive Director of the National Center for Transgender Equality, expressed her confusion at IE's controversial decision, "If you're in Washington or read the papers you know getting even little bits done now is still a real struggle. I don't know what this 'opportunity' is they're talking about. They just don't say what it is. Maybe they've talked with the entire Congress or something... I don't see this as an opportunity to get everything done all at once."

"They've done wonderful work on other stuff. They've been helpful with ENDA until now, so this is a mystery," Keisling continued. "I don't know what this means, but I generally think any grassroots impulse is good and should be let run it's course. This is one I simply don't get though. I simply do not understand what they mean by comparing ENDA to segregation."

"We're gearing up for the intro of ENDA. We're focused on getting our heads down to work. We hope IE will be there with us. I hope they're not going to sit on the sidelines while we get actual legislation passed."

In a written statement provided to Bilerico Project, Sarris and IE Chair Jon Keep said that the org hasn't made a decision on whether or not to leave the United ENDA coalition. "We have made no formal decision on Indiana Equality's participation in United ENDA but we fully support inclusion of gender identity/expression in any LGBT legislation, whether at a local, state, or national level," the response read.

Keisling refused to speculate on whether or not Indiana Equality would be asked to leave the United ENDA coalition. "That's not my decision," she said.

Indiana Equality Statement on LGBT Civil Rights Protections

May 16. 2009

Indiana Equality believes that the lesbian, gay, bisexual, and transgender (LGBT) communities should be engaged in a national dialog about the need for full inclusion in the federal Civil Rights code. There is a window of opportunity now that may not come for another generation. If we push for less than full inclusion, it may be more difficult to motivate public support for full civil right protections. We should not ask for less than we need.

Anything less than full inclusion is unacceptable. Accordingly, the Employment Non-Discrimination Act (END) as currently proposed, cannot be accepted, supported or promoted by Indiana Equality.

It has become evident that adding LGBT persons to local and state civil rights laws is not only possible but crucial. Adding only the right to employment at the Federal level will do little to protect the civil rights of all citizens.

It is the beginning of a new era, and many state organizations have proven that 'better' is attainable. Just as the Reverend Martin Luther King, Jr. fought for full civil rights inclusion, LGBT persons must expect full protections and rights.

A Realistic View of ENDA

Clearly, ENDA doesn't make us equal - rather, it creates a new form of segregation. It does not provide protections in housing and public accommodations. There are no protections for LGBT children in the public schools where administrators continue to turn a blind eye to harassment and brutality. With ENDA, we are only marginally protected in the workplace.

LGBT citizens have a unique opportunity today to secure full civil rights protections. Thus, Indiana Equality believes that:

  • State level efforts to have fully inclusive civil rights language added to state codes could be adversely affected if ENDA, as currently proposed, was to be enacted
  • Incrementalism on civil rights has rarely succeeded
  • LGBT people are de facto second-class citizens, but a bill to secure only one civil right for us would treat us, de jure, as different from any other minority--and effectively second class
  • We now have an unprecedented opportunity to push for full civil equality, protecting our individual liberties and our families in the areas of employment, housing, education, and public accommodations
  • Creating a separate coverage for sexual orientation and gender identity/expression sends the message that these classifications are somehow less worthy than others of protection and support

Indiana Equality urges a national discussion regarding of the need for full inclusion in the federal Civil Rights Act. What we need is what we should seek.

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