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132-572: The Employment Non-Discrimination Act ( ENDA ) is legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or, depending on the version of the bill, gender identity , by employers with at least 15 employees. ENDA has been introduced in every Congress since 1994 except the 109th . Similar legislation has been introduced without passage since 1974. The bill gained its best chance at passing after
264-640: A U.S. citizen for seven years for the House and nine years for the Senate, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times. The Congress was created by the U.S. Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. Although not legally mandated, in practice since
396-478: A federal structure with two overlapping power centers so that each citizen as an individual is subject to the powers of state government and national government. To protect against abuse of power, each branch of government – executive, legislative, and judicial – had a separate sphere of authority and could check other branches according to the principle of the separation of powers . Furthermore, there were checks and balances within
528-555: A conference on transgender policy issues and meetings with members of Congress in which participants share their stories and talk about transgender issues. Past lobby days have featured guests from organizations such as the White House Office of Public Engagement , as well as prominent figures such as transgender activist and lawyer Shannon Minter from the National Center for Lesbian Rights , Masen Davis from
660-441: A consortium of over 60 organizations that offer advice, technical support, and legal resources to transgender individuals, many of which undertake pro bono projects. The Network also confers to improve one another's organizational capacities and expand their service provisions. NCTE undertook successful work on state and local policies and in getting "gender identity" added to federal hate crimes legislation (which passed in 2009 as
792-486: A guest on news channels such as CNN , C-SPAN , Fox News , and MSNBC . She is frequently quoted in newspapers, news magazines, and online news sources, including The New York Times , The Washington Post , The Guardian , Time , BuzzFeed , and The Huffington Post . Keisling has also published op-eds in numerous outlets, including The New York Times , Time , NBC, CNN, and The Huffington Post . NCTE's former director of policy, Harper Jean Tobin,
924-549: A hearing on the bill, the first such hearing to include testimony by a transgender witness. On April 25, 2013, Representative Jared Polis (D-CO) introduced an ENDA bill in the House ( H.R. 1755 ) and Senator Jeff Merkley (D-OR) introduced an ENDA bill in the Senate ( S. 815 ). On July 10, 2013, the Senate Health, Education, Labor & Pensions Committee approved ENDA by a 15–7 vote. Senator Lamar Alexander (R-TN) announced he would offer three amendments when
1056-480: A hero among the conservative and libertarian movements, became honorary chairman of a drive to pass a federal law preventing job discrimination on the basis of sexual orientation. Ed Vitagliano, director of research for the American Family Association (AFA), expressed concern about the impact of anti-discrimination laws on religious organizations. He cited a lack of clarity around whether
1188-444: A powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal "substantially reshaped" relations between the branches of government, suggested political scientist Bruce J. Schulman . Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as
1320-524: A revised constitution with a two-chamber or bicameral Congress. Smaller states argued for equal representation for each state. The two-chamber structure had functioned well in state governments. A compromise plan, the Connecticut Compromise , was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states). The ratified constitution created
1452-585: A right to be judged by the quality of their work performance and not by completely unrelated factors. According to a study published in 2001 by the Williams Institute at the UCLA School of Law, reports of discrimination based on sexual orientation are roughly equal to those on race or gender. The APA also states that there is significant discrimination against homosexual people in the workforce. The Congressional Budget Office in 2002 estimated that
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#17327725184421584-401: A six-year term, with terms staggered , so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states. Article One of the U.S. Constitution requires that members of Congress be at least 25 years old for the House and at least 30 years old for the U.S. Senate, be
1716-529: A state's at-large representation to the federal government by senators. Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent. The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the National Archives and Records Administration . Congress
1848-639: A survey conducted by Harris Interactive, 38 percent of LGBT people report incomes less than $ 35,000, compared to 33 percent of all U.S. adults over age 18. The current version of the bill under consideration in Congress prohibits private employers with more than 15 employees from discriminating on the basis of some sexual orientations or gender identity. Sexual orientation is limited to "homosexuality, heterosexuality, or bisexuality," thereby legalizing discrimination against asexual individuals. Religious organizations are provided an exception, broader than that found in
1980-475: A variety of policy issue areas. NCTE works on a variety of policy issues of significance to the transgender community. These include: state policy agendas; hate crimes and violence; employment non-discrimination; advocating for transgender parents and families of transgender people; health care access; access to homeless and emergency shelters; immigration reform; open military service; criminal justice reform; racial and economic justice; federal research surveys and
2112-664: Is a nonprofit social equality organization founded in 2003 by transgender activist Mara Keisling in Washington, D.C. The organization works primarily in the areas of policy advocacy and media activism with the aim of advancing the equality of transgender people in the United States . Among other transgender-related issue areas, NCTE focuses on discrimination in employment, access to public accommodations, fair housing , identity documents, hate crimes and violence, criminal justice reform, federal research surveys and
2244-401: Is a national social justice organization devoted to ending discrimination and violence against transgender people through education and advocacy on national issues of importance to transgender people. By empowering transgender people and our allies to educate and influence policymakers and others, NCTE facilitates a strong and clear voice for transgender equality in our nation's capital and around
2376-693: Is directly responsible for the governing of the District of Columbia , the current seat of the federal government. The First Continental Congress was a gathering of representatives from twelve of the Thirteen Colonies . On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence , referring to the new nation as the "United States of America". The Articles of Confederation in 1781 created
2508-440: Is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from
2640-493: Is essentially charged with reconciling our many points of view on the great public policy issues of the day. Congress is constantly changing and is constantly in flux. In recent times, the American South and West have gained House seats according to demographic changes recorded by the census and includes more women and minorities . While power balances among the different parts of government continue to change,
2772-433: Is extraordinarily sensitive to public pressure. Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body ... Congress
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#17327725184422904-478: Is increasingly more involved in state advocacy as resources allowed, which included pushing states to make it easier for trans people to change their names and gender markers on identification documents (e.g., driver's licenses and birth certificates) and to enact policies requiring health insurance companies and systems (such as Medicaid) to cover transition-related healthcare. NCTE maintains a comprehensive resources on its website to assist trans people with navigating
3036-660: Is quite uncommon. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while
3168-405: Is similarly often quoted by news media including The New York Times , Reuters , PBS , and The Huffington Post , and has published op-eds in publications such as The Guardian . The organization also maintains its own blog on Medium . In October 2017, NCTE launched an affiliated 501(c)(4) organization , the National Center for Transgender Equality Action Fund . Because of its tax status,
3300-701: Is the legislature of the federal government of the United States . It is bicameral , composed of a lower body, the United States House of Representatives , and an upper body, the United States Senate . It meets in the United States Capitol in Washington, D.C. Members are chosen through direct election , though vacancies in the Senate may be filled by a governor 's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The vice president of
3432-529: The tabloidization of media coverage. Others saw pressure to squeeze a political position into a thirty-second soundbite. A report characterized Congress in 2013 as unproductive, gridlocked, and "setting records for futility". In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would "fire every member of Congress" including their own representative. One report suggested Congress posed
3564-544: The Board of Education . Congress began reasserting its authority. Lobbying became a big factor despite the 1971 Federal Election Campaign Act . Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions. While soft money funds were not given to specific campaigns for candidates, the money often benefited candidates substantially in an indirect way and helped reelect candidates. Reforms such as
3696-702: The Census , and health care access. On October 1, 2024, the organization rebranded as Advocates for Trans Equality (A4TE) after merging with the Transgender Legal Defense and Education Fund. In 2002, then-co-chair of the Pennsylvania Gender Rights Coalition, Mara Keisling, moved to Washington, D.C., after recognizing the need for a professional activist presence in Washington for transgender people. With
3828-525: The Civil Rights Act of 1964 . Non-profit membership-only clubs, except labor unions, are similarly exempt. All versions of the bill, irrespective of the military's changing policies with respect to service by open gays and lesbians, have provided an exclusion for the military as an employer of members of the armed forces, though not as an employer of civilians. Since the 111th Congress, the legislation has included language to prevent any reading of
3960-541: The Commerce Clause , the enumerated power to regulate commerce, in rulings such as McCulloch v. Maryland , have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight. Constitutional responsibility for the oversight of Washington, D.C. , the federal district and national capital, and the U.S. territories of Guam , American Samoa , Puerto Rico ,
4092-469: The Congress of the Confederation , a unicameral body with equal representation among the states in which each state had a veto over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty and lacked authority to collect taxes, regulate commerce, or enforce laws. Government powerlessness led to the Convention of 1787 which proposed
Employment Non-Discrimination Act - Misplaced Pages Continue
4224-609: The Conservative Coalition . Democrats maintained control of Congress during World War II . Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees. Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy. Senator Joseph McCarthy exploited
4356-532: The Democratic Party gained the majority after twelve years of Republican majorities in the 2006 midterm elections. In 2007, gender identity protections were added to the legislation for the first time. Some sponsors believed that even with a Democratic majority, ENDA did not have enough votes to pass the House of Representatives with transgender inclusion and dropped it from the bill, which passed
4488-582: The Equal Employment Opportunity Commission 's complaint caseload would rise by 5 to 7% as a result of the proposed law. Assessments of the impact of comparable state policies also show a minimal impact on caseload. Regarding constitutionality, the act incorporates language similar to that of Title VII of the Civil Rights Act of 1964 , which has consistently been upheld by the courts. In 1994, Barry Goldwater ,
4620-710: The House Rules Committee voted 7 to 3 against adding ENDA as an amendment to the 2015 defense authorization bill. From the 114th Congress onwards, efforts to pass non-discrimination legislation has focused on the broader Equality Act which focuses on additional protections including in housing and the jury system as well as employment. Political proponents of the law intend it to address cases where gay , lesbian , bisexual , and transgender employees have been discriminated against by their employers because of their sexual orientation or gender identity. Currently, these employees are unable to find protection in
4752-409: The National Center for Transgender Equality found 90 percent of respondents experienced harassment, mistreatment, or discrimination on the job or took actions like hiding who they are to avoid it. In comparison, a review of studies conducted by the Williams Institute in 2007 found that transgender people experienced employment discrimination at a rate of between 15 and 57 percent of the population. In
4884-580: The National LGBTQ Task Force , among others, later withdrew support in 2014 due to the ENDA's broad religious exemptions. Others argued that this was ENDA's best chance of passing Congress in thirty years, that civil rights victories have historically been incremental, that concerns about the legislation's protections were unfounded, and that forgoing a chance to provide immediate workplace protections to millions of lesbians, gays and bisexuals
5016-523: The Northern Mariana Islands . These six members of Congress enjoy floor privileges to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House Committee of
5148-695: The Transgender Law Center , Rep. Joe Kennedy III , and former Speaker of the House Rep. Nancy Pelosi . Transgender lobby days frequently draw over 200 participants from nearly every state. In 2008, NCTE partnered with the National LGBTQ Task Force and Pennsylvania State University's Center for the Study of Higher Education to launch the National Transgender Discrimination Survey (NTDS). Then
5280-465: The U.S. Virgin Islands , and the Northern Mariana Islands rests with Congress. The republican form of government in territories is devolved by congressional statute to the respective territories including direct election of governors, the D.C. mayor and locally elective territorial legislatures. National Center for Transgender Equality The National Center for Transgender Equality ( NCTE )
5412-449: The second-wave feminism movement , when activists moved into electoral politics. Beginning in the 1970s, donors and political action committees like EMILY's List began recruiting, training and funding women candidates. Watershed political moments like the confirmation of Clarence Thomas and the 2016 presidential election created momentum for women candidates, resulting in the Year of
Employment Non-Discrimination Act - Misplaced Pages Continue
5544-484: The "biggest risk to the U.S. economy" because of its brinksmanship , "down-to-the-wire budget and debt crises" and "indiscriminate spending cuts", resulting in slowed economic activity and keeping up to two million people unemployed. There has been increasing public dissatisfaction with Congress, with extremely low approval ratings which dropped to 5% in October 2013. In 2009, Congress authorized another delegate for
5676-612: The 113th Congress version of ENDA because of their concerns about the breadth of its religious exemption in relation to the ruling in Burwell v. Hobby Lobby Stores, Inc. . From the 114th Congress onwards, efforts to pass non-discrimination legislation has focused on the broader Equality Act which focuses on additional protections including in housing and the jury system as well as employment. United States Congress Minority (49) Minority (212) Vacant (3) [REDACTED] [REDACTED] The United States Congress
5808-439: The 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress. Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as white people . Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color. Carol Moseley Braun became
5940-525: The 19th century, members of Congress are typically affiliated with one of the two major parties , the Democratic Party or the Republican Party , and only rarely with a third party or independents affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this
6072-790: The 2002 Bipartisan Campaign Reform Act limited campaign donations but did not limit soft money contributions. One source suggests post-Watergate laws amended in 1974 meant to reduce the "influence of wealthy contributors and end payoffs" instead "legitimized PACs" since they "enabled individuals to band together in support of candidates". From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $ 12.5 million to $ 120 million along with concern over PAC influence in Congress. In 2009, there were 4,600 business, labor and special-interest PACs including ones for lawyers , electricians , and real estate brokers . From 2007 to 2008, 175 members of Congress received "half or more of their campaign cash" from PACs. From 1970 to 2009,
6204-602: The Action Fund can endorse and oppose political candidates, which NCTE cannot do as a 501(c)(3) organization . At launch, the Action Fund endorsed three transgender candidates for public office: Phillipe Cunningham and Andrea Jenkins , who are running for seats on the Minneapolis City Council , and Danica Roem , who is running for the 13th District seat in Virginia's House of Delegates . In 2018,
6336-572: The All on the Line Campaign, a project with a mission to end gerrymandering . NCTE works to educate policy makers and the American public about the transgender community and the issues facing it, as well as to lobby Congress and other policy makers to adopt policies that support the rights and human dignity of transgender Americans. In service of this mission, NCTE runs several programs spanning
6468-518: The American response as a "police action". According to Time magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times." In 1993, Michael Kinsley wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War II." Disagreement about
6600-741: The Census; travel security procedures and bodily privacy; voting rights; and protections for transgender students from bullying, discrimination, and accommodations exclusions. In addition to these policy programs, NCTE maintains an ID Documents Center and the Transgender Legal Services Network. The ID Documents Center offers a constantly updated database of federal, state, and territory-based policies regarding name and gender change procedures so that transgender individuals can more easily navigate these complex legal processes. The related Transgender Legal Services Network offers
6732-462: The Constitution's Necessary and Proper Clause . Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage
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#17327725184426864-470: The Education and Labor Committee on October 18 and the House of Representatives passed it on November 7, 2007, by a vote of 235 to 184, with 14 members not voting. Frank introduced a separate piece of legislation to prohibit discrimination in employment on the basis of gender identity. Some LGBT activist organizations refused to support H.R. 3685 because of its failure to cover gender identity. An exception
6996-549: The Employment Non-Discrimination Act on June 23, 1994. The legislation failed in 1994 and 1995. In 1996, the bill failed on a 49–50 vote in the Senate and was not voted on in the House. Massachusetts Senator Edward Kennedy "believed that other senators looking for 'cover' on their vote in favor of DOMA might be more inclined to support ENDA." Early versions of ENDA did not include provisions to protect transgender people from discrimination and ENDA
7128-625: The Equality Act would provide for the LGBT community. In states that have anti-discrimination policies in place, LGBT complaints are equivalent to the number of complaints filed based on sex and fewer than the number of complaints filed based on race. EEOC statistics [1] from 2018, show that 1,811 LGBT complaints were filed. [2] The Williams Institute estimates the number of LGBT employees as follows: 7 million private sector employees, 1 million state and local employees, and 200,000 employees of
7260-604: The Government of the United States, or in any Department or Officer thereof". Article Four gives Congress the power to admit new states into the Union. One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch. Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power. Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing
7392-454: The House and then died in the Senate. President George W. Bush threatened to veto the measure. LGBT advocacy organizations and the LGBT community were divided over support of the modified bill. In 2009, following Democratic gains in the 2008 elections , and after the divisiveness of the 2007 debate, Rep. Barney Frank introduced a transgender-inclusive version of ENDA. He introduced it again in 2011, and Senator Jeff Merkley introduced it in
7524-491: The House expanded delegates, along with their powers and privileges representing U.S. citizens in non-state areas, beginning with representation on committees for Puerto Rico's resident commissioner in 1970. In 1971, a delegate for the District of Columbia was authorized, and in 1972 new delegate positions were established for U.S. Virgin Islands and Guam . In 1978, an additional delegate for American Samoa were added. In
7656-448: The House initiates revenue -raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be removed from office. The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 118th Congress , began on January 3, 2023, and will end on January 3, 2025. Since
7788-477: The House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills . Congress has an important role in national defense , including the exclusive power to declare war, to raise and maintain the armed forces , and to make rules for the military. Some critics charge that the executive branch has usurped Congress's constitutionally defined task of declaring war. While historically presidents initiated
7920-625: The Jeffersonian Republican Party and began the era of the First Party System . In 1800, Thomas Jefferson 's election to the presidency marked a peaceful transition of power between the parties. John Marshall , 4th chief justice of the Supreme Court , empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving
8052-594: The Mathew Shepard and James Byrd Hate Crimes Prevention Act). But its primary initial policy goals were transforming the lesbian and gay rights movement into the LGBTQ rights movement and adding gender identity and expression language to the Employment Non-Discrimination Act (ENDA), which was then pending before Congress and covered only "sexual orientation". A significant step toward making the lesbian and gay rights movement more inclusive occurred in 2007, when NCTE and
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#17327725184428184-696: The NCTE Action Fund endorsed Brianna Titone for Colorado State Representative and Gerri Cannon for New Hampshire State Representative, who are the second and third sitting transgender state representatives (after Danica Roem became the first in Virginia in 2017). NCTE Action Fund also endorsed Alexandra Chandler for U.S. House of Representatives (MA-3), Christine Hallquist for Governor of Vermont, Kim Coco Iwamoto for Lieutenant Governor of Hawai'i, Amelia Marquez for Montana House of Representatives, and Melissa Sklarz for New York State Assembly. In 2019,
8316-481: The NCTE Action Fund endorsed Danica Roem for the second time, for her successful re-election to the Virginia House of Delegates. On May 5, 2020, the NCTE Action Fund made its first-ever Presidential endorsement: Joe Biden for President of the United States. The organization also provides resources addressing the specific needs of transgender voters. In 2019, the majority of NCTE staff members resigned from
8448-532: The National Gay and Lesbian Task Force led a coalition of more than 425 trans and LGBT groups known as United ENDA, which demanded that Congress not pass ENDA without gender identity protections. Even though no version of ENDA was enacted, the United ENDA campaign was a turning point in LGBTQ activism, leading to the solidification of an LGBTQ movement that was fully committed to trans rights. ENDA had been
8580-701: The Nonprofit Professional Employees Union against NCTE. The National Labor Relations Board issued a dismissal letter for the complaint in April 2020. In January 2024, NCTE announced that they would merge with the Transgender Legal Defense and Education Fund to form a new organization, Advocates for Trans Equality (A4TE). On October 1, 2024, the merger occurred, and A4TE was created. NCTE's mission statement reads: The National Center for Transgender Equality
8712-551: The Senate takes up the measure. A cloture vote succeeded in the Senate on November 4, 2013, with 61 voting in favor and 30 against, allowing the Senate to schedule a vote. Republican Senators Kelly Ayotte (NH), Susan Collins (ME), Orrin Hatch (UT), Dean Heller (NV), Mark Kirk (IL), Rob Portman (OH), and Pat Toomey (PA) voted for cloture, joining 52 of 53 Democratic senators and both independent senators. Senators Claire McCaskill (D-MO) and Lisa Murkowski (R-AK) supported
8844-728: The Senate. On November 7, 2013, Merkley's bill passed the Senate with bipartisan support by a vote of 64–32. President Barack Obama supported the bill's passage, but the House Rules Committee voted against it. From 2015 on, LGBT rights advocates moved to support the Equality Act , a bill with far more comprehensive protections than ENDA. The Equality Act would prohibit discrimination on the basis of sexual orientation and gender identity not only in employment, but also housing, public accommodations, public education, federal funding, credit, and jury service. On June 15, 2020,
8976-635: The Supreme Court a power to nullify congressional legislation. The Civil War , which lasted from 1861 to 1865, which resolved the slavery issue and unified the nation under federal authority but weakened the power of states' rights . The Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool. Immigration and high birth rates swelled
9108-458: The Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation and gender identity. The ruling was only on employment, like ENDA. LGBT rights advocates welcomed the ruling and called on Congress to pass the Equality Act , noting that as of 2020, 29 states do not have the full protections
9240-676: The Transgender Law Center, Gender Justice LA, and the National LGBTQ Task Force. In past roles, he trained thousands of volunteers to canvass and phone bank on groundbreaking nondiscrimination and marriage equality campaigns, and organized leadership development programs in transgender communities and LGBTQ communities of color, honing new strategies for social change. Most recently, he co-led the successful campaign to update New Hampshire's nondiscrimination protections to include transgender Granite Staters. Over
9372-640: The US and Canada. Raffi Freedman-Gurspan is former director of external relations and former policy advisor at NCTE. Before joining NCTE as policy advisor in 2014, she served as legislative staffer for the Massachusetts Transgender Political Coalition , LGBT liaison for the City of Somerville , and legislative director for Massachusetts State Representative Carl Sciortino , a Medford Democrat . On August 18, 2015, she
9504-500: The Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts . It is also required that the congressional districts be apportioned among states by population every ten years using the U.S. census results, provided that each state has at least one congressional representative. Each senator is elected at-large in their state for
9636-476: The United States , as President of the Senate, has a vote in the Senate only when there is a tie. The House of Representatives has six non-voting members . Congress convenes for a two-year term , commencing every other January. Elections are held every even-numbered year on Election Day . The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 established that there be 435 representatives, and
9768-554: The White House a little more in favor of the executive branch", according to one account. Past presidents, including Ronald Reagan , George H. W. Bush , Bill Clinton , and George W. Bush , have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the American Bar Association , have described this practice as against
9900-504: The Whole votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives. On January 6, 2021, the Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump attacked the building . The session of Congress ended prematurely, and Congress representatives evacuated. Trump supporters occupied Congress until D.C police evacuated
10032-552: The Woman and the election of members of The Squad , respectively. Women of color faced additional challenges that made their ascension to Congress even more difficult. Jim Crow laws , voter suppression and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the Voting Rights Act that year , and the elimination of race-based immigration laws in
10164-423: The [congressional] schedule is very crowded." The U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on the legislation on November 5, 2009. Before the hearing, Sen. Merkley spoke at a press conference alongside two transgender women, Diane Schroer and Earline Budd. However, no transgender witnesses testified at the Senate hearing. As of March 13, 2010, S. 1584 had 45 co-sponsors and
10296-544: The adoption of the Twentieth Amendment to the United States Constitution , the Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congressmen, or congresswomen. Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it
10428-565: The anti-trans actions of the Trump administration, NCTE has also catalogued each loss on its website in a project called "The Discrimination Administration". On March 15, 2004, NCTE partnered with the now-defunct National Transgender Advocacy Coalition to run the first ever Transgender Lobby Day, for which transgender citizens and allies from across the country came to Washington to speak with their Senators and Representatives . Since then, NCTE has organized lobby days every few years consisting of
10560-417: The applicant's qualifications, but one resume for each opening mentioned that the applicant had been part of a gay organization in college. The results showed that applicants without the gay signal had an 11.5 percent chance of being called for an interview; openly gay applicants had only a 7.2 percent chance. The callback gap varied widely according to the location of the job. Most of the overall gap detected in
10692-662: The area. The event was the first time since the Burning of Washington by the British during the War of 1812 that the United States Congress was forcefully occupied. Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, women's domestic roles and the inability to vote forestalled opportunities to run for and hold public office. The two party system and
10824-470: The basis of perceived sexual orientation and/or gender identity are often conducted with a pool of self identified LGBT people, making it difficult to ascertain the impact of this type of discrimination on non-LGBT individuals. One source of evidence for hiring discrimination against openly gay men comes from a field experiment that sent two fictitious but realistic resumes to roughly 1,700 entry-level job openings. The two resumes were very similar in terms of
10956-664: The bill ultimately failed to pass, it was the first-ever transgender-inclusive legislation to be proposed to the U.S. Congress and yielded the first-ever Congressional hearing on transgender rights issues. Under the Obama administration , NCTE successfully lobbied for at least 150 federal policy changes on issues including health care access and non-discrimination in health services; federal employment protections; homeless and emergency shelter access; non-discrimination in federally-subsidized housing; and open military service for transgender service members. Also among these policy victories
11088-502: The bill: (1) lacks an exception for a " bona fide occupational qualification ," which exists for every other category of discrimination under Title VII of the Civil Rights Act , except for race; (2) lacks a distinction between homosexual inclination and conduct , thus affirming and protecting extramarital sexual conduct; (3) supports the redefinition of marriage, as state-level laws like ENDA have been invoked in state court decisions finding marriage discriminatory or irrational; (4) rejects
11220-672: The biological basis of gender by defining " gender identity " as something people may choose at variance with their biological sex ; and (5) threatens religious liberty by punishing as discrimination the religious or moral disapproval of same-sex sexual conduct, while protecting only some religious employers. In June and July 2014, several pro-LGBT advocacy groups, including the American Civil Liberties Union , National Center for Lesbian Rights , National Gay and Lesbian Task Force , Transgender Law Center , and Lambda Legal , announced they were withdrawing support for
11352-417: The budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary. The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes without apportionment among
11484-523: The complex state and local policies on ID document, as well as navigating health care systems to get them to provide transition-related care. During the Trump Administration, NCTE was a leader in resisting policy rollbacks from the federal government. In 2018, NCTE launched the "Won't Be Erased" campaign in response to a leaked White House memo that outlined a strategy to overturn protections for trans people. To document and raise awareness of
11616-487: The country. Mara Keisling is the founding executive director of NCTE. She is a trans woman and began transitioning in her early 40s. In addition to her work as executive director of NCTE, Keisling is a founding board member of the Stonewall Democracy Fund. She has also served as co-chair of the Pennsylvania Gender Rights Coalition, on the board of directors of LGBTQ youth group Common Roads, and on
11748-487: The course of his career, he has conducted international Spanish-language interviews, including on Univision, Telemundo, and CNN en Español, as well as English-language interviews with outlets such as The New York Times , MSNBC, CNN, and Politico. Rodrigo graduated from Brown University and lives in Washington, D.C. He serves of the Board of Directors of AsylumConnect, a non-profit connecting LGBTQ asylum seekers with resources in
11880-631: The courts because sexual orientation is not considered to be a suspect class by the federal courts and by many U.S. states. Proponents argue that such a law is appropriate in light of the United States Constitution 's guarantees of equal protection and due process to all. Advocates argue that homosexuality is not a "choice" but a personal identity, a claim supported by the American Psychological Association (APA), and that all working people have
12012-612: The early years as political parties became pronounced. With the passage of the Constitution and the Bill of Rights , the anti-federalist movement was exhausted. Some activists joined the Anti-Administration Party that James Madison and Thomas Jefferson were forming about 1790–1791 to oppose policies of Treasury Secretary Alexander Hamilton ; it soon became the Democratic-Republican Party or
12144-487: The electorate. Lame duck reforms according to the Twentieth Amendment reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability. The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats and historic New Deal policies. Roosevelt 's election in 1932 marked a shift in government power towards
12276-425: The exclusive power of removal , allowing impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress. So-called signing statements are one way in which a president can "tip the balance of power between Congress and
12408-595: The executive branch. Numerous New Deal initiatives came from the White House rather initiated by Congress. President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees (a practice that ended with the Legislative Reorganization Act of 1946). The Democratic Party controlled both houses of Congress for many years. During this time, Republicans and conservative southern Democrats formed
12540-463: The extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history. Congress can establish post offices and post roads, issue patents and copyrights , fix standards of weights and measures, establish Courts inferior to the Supreme Court , and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in
12672-564: The fear of communism during the Second Red Scare and conducted televised hearings. In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both chambers of Congress from 1961 to 1980, and retained a consistent majority in the House from 1955 to 1994. Congress enacted Johnson's Great Society program to fight poverty and hunger. The Watergate Scandal had
12804-569: The federal government. Thirty percent of state and local LGBT employees live in California and New York. In comparison, less than half of one half of one percent of LGBT state and local employees live in Montana, North Dakota and Wyoming combined. As one might expect, many of the documented complaints of discrimination by state and local governments against LGBT employees are in California and New York. Surveys that seek to document discrimination on
12936-412: The first woman of color to reach the Senate in 1993. The second, Mazie Hirono , won in 2013. In 2021, Kamala Harris became the first female President of the Senate , which came with her role as the first female Vice President of the United States . Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress
13068-612: The full national report, NCTE has released various breakout reports focusing on specific states. As of February 2024, breakout reports for 43 states have been released. Another U.S. Trans Survey followed in 2022, with over 92,000 responses, surpassing the 2015 study as the largest nationwide survey of trans people. A report on early findings was released in February 2024. NCTE is a frequent source of analysis and commentary for both American and international news media. In her capacity as executive director of NCTE, Keisling has appeared as
13200-409: The individual's designated sex at birth." It allowed employers to require adherence "to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning." When that bill died in committee, Frank introduced H.R. 3685 on September 27, 2007, which did not include gender identity and contained exemptions concerning employer dress codes. It was endorsed by
13332-402: The internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties , civic associations , interest groups , and the mass media . The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and
13464-486: The lack of term limits favored incumbent white men, making the widow's succession – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women. Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. Recruitment and financial support for women candidates were rare until
13596-551: The largest study of transgender individuals in the United States, the NTDS surveyed 6,450 transgender residents about their experiences of discrimination in areas such as employment, housing, health care, and education, among others. The findings of the NTDS have since informed public policy in the United States, such as at the Department of Housing and Urban Development , which based new housing regulations to protect LGBTQ people on
13728-430: The late 20th century, the media became more important in Congress's work. Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused "more roads to open up in Congress for individual representatives to influence decisions". Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as
13860-562: The law as a modification of the federal definition of marriage established in the Defense of Marriage Act (1995). Since the 110th Congress, a related provision aimed at non-marital legal relations like civil unions and domestic partnerships prevents requiring an employer to treat unmarried and married couples similarly. On May 14, 1974, Reps. Bella Abzug (D-NY) and Ed Koch (D-NY) introduced H.R. 14752 , an "Equality Act" which would have added "sex, marital status or sexual orientation" to
13992-488: The law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". Broad interpretations of this clause and of
14124-454: The legislation, but were unable to attend the cloture vote. After rejecting by a vote of 43–55 an amendment by Senator Toomey to expand the religious exemptions and accepting by unanimous voice vote an amendment by Senator Portman to prevent government retaliation against religious institutions, the Senate approved ENDA on November 7, 2013, on a 64–32 vote. Arizona Republicans Jeff Flake and John McCain unexpectedly joined Sen. Murkowski and
14256-446: The legislative priority for lesbian and gay rights organizations since it was first introduced in 1993, but gender identity protections were not added until 2007. ENDA was replaced in 2015 with the Equality Act, which would ban discrimination based on sex, sexual orientation, and gender identity in not just employment, but also in public accommodations, education, housing, and credit. The Equality Act has yet to become law as of 2020. NCTE
14388-441: The legislature since there were two separate chambers. The new government became active in 1789. Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970–present). Federalists and anti-federalists jostled for power in
14520-808: The narrow exemption would apply to support staff and lay employees in addition to churches and clergy. The Traditional Values Coalition (TVC) has claimed that the legislation would have a negative impact on school children by eliminating schools' ability to avoid hiring transgender teachers. It said that "If ENDA passes, students and children in daycare centers all across the nation will be subjected to individuals experimenting with their gender identities." Some Libertarians argue that laws against private sector discrimination are acts of coercion that infringe on employers' property rights and freedom of association . The United States Conference of Catholic Bishops said ENDA goes beyond prohibiting unjust discrimination and poses several problems. It notes, for example, that
14652-533: The organization announced that Keisling decided to not renew her contract, and that the board of directors had selected Deputy Executive Director Rodrigo Heng-Lehtinen as her successor. Rodrigo Heng-Lehtinen is the current Executive Director of NCTE. He is a transgender policy, advocacy and messaging expert. As a transgender man, his wide-ranging experience in the LGBTQ movement has covered field organizing, leadership development, fundraising, and media advocacy. He previously worked with Freedom for All Americans, GLAAD,
14784-642: The original cosponsors. The bill was referred to the House Education and Labor Committee , which held a hearing on the legislation on September 23, 2009. At the end of the 111th Congress, H.R. 3017 had 203 cosponsors in the House. On August 5, 2009, Sen. Jeff Merkley introduced ENDA legislation ( S. 1584 ) that included gender identity, with 38 original cosponsors including Sens. Ted Kennedy (D-MA), Susan Collins (R-ME), Olympia Snowe (R-ME) and Chris Dodd (D-CT). Sen. Merkley said "It's certainly possible that this could be passed by year's end, though
14916-584: The other branches of government. In the Plame affair , critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case. There have been concerns about congressional oversight of executive actions such as warrantless wiretapping , although others respond that Congress did investigate the legality of presidential decisions. Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has
15048-597: The process for going to war, they asked for and received formal war declarations from Congress for the War of 1812 , the Mexican–American War , the Spanish–American War , World War I , and World War II , although President Theodore Roosevelt 's military move into Panama in 1903 did not get congressional approval. In the early days after the North Korean invasion of 1950 , President Truman described
15180-466: The protected classes specified in the Civil Rights Act of 1964 , thus prohibiting discrimination in employment and access to public accommodations and facilities. The bill died in June 1974 but a similarly named bill would later be introduced in the 115th United States Congress on May 2, 2017. In the early 1990s, supporters of the legislation decided to focus on employment. Rep. Gerry Studds introduced
15312-703: The ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics. The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon . By the beginning of the 20th century, party structures and leadership emerged as key organizers of Senate proceedings. A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. Committee chairmen remained influential in both houses until
15444-504: The reforms of the 1970s. Important structural changes included the direct popular election of senators according to the Seventeenth Amendment , ratified on April 8, 1913. Supreme Court decisions based on the Constitution's commerce clause expanded congressional power to regulate the economy. One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to
15576-399: The seven Republicans who had supported three days earlier. Both independents and 52 of 53 Democrats again supported the measure, with McCaskill present but Pennsylvania Senator Bob Casey , who supported the bill's passage, absent. In the House, on September 17, 2014, Representative Polis filed a discharge petition , that, if signed by a majority of the House membership, would force a vote on
15708-413: The several States, and without regard to any census or enumeration. The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress's primary checks on the executive branch. Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money. Generally, the Senate and
15840-736: The spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress. In 2008, George F. Will called the Capitol building a "tomb for the antiquated idea that the legislative branch matters". The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including voting rights , due process , and equal protection under
15972-645: The steering committee of the Statewide Pennsylvania Rights Coalition. In recognition of her activism, Keisling has won awards from PFLAG ; the Equality Forum; GayLaw; the Transgender Law Center ; the Harvard Bisexual, Gay, Lesbian, Transgender and Supporters Alliance; and Out for Work, among others. Keisling was subject to controversy and was called to resign as Executive Director of NCTE in 2019. In 2021,
16104-528: The study was driven by the Southern and Midwestern states in the sample – Texas, Florida, and Ohio. The Western and Northeastern states in the sample (California, Nevada, Pennsylvania, and New York) had only small and statistically insignificant callback gaps. Transgender people may experience higher rates of discrimination than the LGB population. A survey of transgender and gender non-conforming people conducted by
16236-508: The study. In 2015, NCTE followed up the NDTS by launching the U.S. Transgender Survey (USTS), the largest study of transgender individuals in the United States at that time. Nearly 28,000 transgender residents participated in the survey, which covered a broad range of topics pertaining to family life, health, housing, income, employment, discrimination, harassment and violence, military service, political participation, and others. In addition to
16368-647: The support of the National Gay and Lesbian Task Force , Keisling established the National Center for Transgender Equality in 2003. In the years since, NCTE has had numerous political victories. Early on, Keisling and NCTE led "United ENDA", a coalition of over 400 LGBTQ rights organizations lobbying for a version of the Employment Non-Discrimination Act that had explicit protections for transgender individuals. Although
16500-505: The version of ENDA with a narrow religious exemption. By September 22, it had been endorsed by 190 of the 218 that constitute a majority. On December 3, 2014, 6 of the 8 Republican co-sponsors asked House Speaker John Boehner to allow a vote on the legislation "as part of any available legislative vehicle including the National Defense Authorization Act " before the end of the 113th Congress. Later that day,
16632-540: Was a "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view, even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices ; one wrote that "legislators remain ghosts in America's historical imagination." One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and
16764-613: Was hired by President Barack Obama as Outreach and Recruitment Director in the White House Presidential Personnel Office, becoming the first openly transgender person to work as a White House staffer. He subsequently appointed her as the White House's primary LGBT liaison in 2016, making her the first openly transgender person in the role. On April 3, 2017, Freedman-Gurspan rejoined NCTE as director of external relations. In May 2019, Freedman-Gurspan left NCTE to become Deputy Campaign Director for
16896-561: Was not introduced in the 109th Congress. In the 110th United States Congress there were two versions of the bill, both of which provided employment protections similar to Title VII of the Civil Rights Act of 1964 . Reps. Barney Frank , Chris Shays , Tammy Baldwin , and Deborah Pryce introduced H.R. 2015 on April 24, 2007. It included gender identity within its protections. It defined gender identity as "gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to
17028-540: Was pending before the HELP committee. On April 6, 2011, Frank introduced an ENDA bill ( H.R. 1397 ) in the House to ban workplace discrimination based on sexual orientation and gender identity. On April 14, 2011, Sen. Jeff Merkley introduced an ENDA bill ( S. 811 ) in the Senate. The bill had 39 original cosponsors. On June 19, 2012, the Senate Committee on Health, Education, Labor & Pensions held
17160-576: Was politically and morally wrong. On June 24, 2009, Frank introduced H.R. 3017 to ban workplace discrimination based on sexual orientation and gender identity, with 114 original cosponsors, up from 62 cosponsors for the trans-inclusive bill of 2007." The lead Republican cosponsor was Rep. Ileana Ros-Lehtinen (R-FL). Republican Main Street Partnership members Mark Kirk (R-IL), Mike Castle (R-DE), Todd Russell Platts (R-PA), Judy Biggert (R-IL), and Leonard Lance (R-NJ) were among
17292-671: Was the Human Rights Campaign , which received wide criticism from the LGBT community for supporting a non-inclusive ENDA. The LGBT activist organizations that refused to support H.R. 3685 argued that not including transgender people undermined the underlying principle of ENDA. They claimed that failure to include gender identity/expression weakened the protection for the portion of the LGBT population that most needed its protections: gender non-conforming people, who they claimed are discriminated against in greater numbers than their gender-conforming compatriots. Moreover, groups such as
17424-403: Was the modification of State Department regulations, allowing transgender citizens to change the gender marker on their passport without necessarily having undergone genital reconstruction surgery . In late 2019, NCTE made national news when two thirds of the staff resigned in protest of the executive team. Following the resignations of employees, an unfair labor practice charge was filed by
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