Historic: Cuba protects workers from discrimination based on sexual orientation (Report)

Cuban parliament as they debated adding adding anti-LGBT discrimination language to the island's labor laws (via CubaDebate)

In what Cuban LGBT advocates are calling a historic victory the Cuban parliament has reportedly adopted changes to the island's labor codes to include language that explicitly bans employment discrimination based on sexual orientation.

Blogger Francisco Rodriguez who is better known by his nom de plume Paquito El De Cuba broke the news on Friday evening with a series of tweets in Spanish that read as follows:

"Experienced a countless number of emotions today at the Parliament. We now have the 1st law that protects gays, in this case at the workplace. The intense parliamentary debate left it almost for certain that the labor law will also ban discrimination based on gender identity. [President Raul Castro's daughter] Mariela Castro proposed banning discrimination based on gender identity and obtained the support of Christian and intellectual parliamentary leaders."

The parliament is currently taking a look at suggested changes to the labor code and approving them section by section during a series of parliamentary debates which began on Friday.

In a follow-up blog post in which he expanded his thoughts Francisco stated that a majority of the parliament voted in favor of banning discrimination based on sexual orientation at work ("We succeeded! The first Cuban law to protect LGBT people's rights").

He also said that while other protections had yet to be approved Mariela Castro, daughter of Cuban president Raul Castro and newly elected member of the parliament, stood up and called for additional language banning employment discrimination on the basis of gender identity, HIV status and disability.  Francisco says that while some deputies spoke against the measures they received immediate support from Miriam Ofelia Ortega Suárez who is also the first woman to be ordained as pastor of the Presbyterian Church in Cuba as well as deputy Pablo Odén Marichal who is an Episcopalian pastor as well.

Cuban vice president Miguel Díaz-Canel, who also has a seat in the parliament, said he recognized the political value of Mariela Castro's proposals and suggested the creation of a parliamentary commission to study and implement the suggestions.  President Raul Castro who led the Friday parliamentary sessions backed the proposal and a majority voted in favor of sending the additional proposals to a committee.

The specific language banning employment discrimination specifically based on sexual orientation was approved by the same majority vote and is, in effect, a done deal according to Francisco.

Writing before the vote took place blogger Camilo Garcia - better known as k1000g - wrote that, if passed, it would "be the first time in the history of Cuba when there is a bill explicitly protecting the rights –specifically at their working environment– of the people who have decided to live openly in contrast with heterosexual norms" ("On the eve of a significant step").

Camilo ends by writing the following:

It also constitutes a valuable step, because it was the citizenship participation that brought this issue to the legislation. It happened without any public action, because –as expected-- the national media did not say a word about it during the numerous press reports they have published in the last few months during this process... Something like this makes us think in two things: It may be a demonstration that the perception of the Cuban people about sexual orientation is changing, slightly for good, and that people have lost their fear to talk about it and to defend openly their rights openly. Then we are also talking about an important step against patriarchal power in Cuba... It will also be an action of historic fairness ¿How many people we know that haven’t had access to a job, or have left their profession, due to homophobic actions? ¿How many we know who has suffered in silence all their lives, or have taken more radical decisions –emigration or even suicide– as a result of homophobia? It is clear that this step brings more challenges. Among them, the necessary changes in regulations not to leave the new Working Code to fall on deaf ears. The subject of “gender identity” is still pending because –although people don’t understand it– trans people may not be homosexuals… and they still remain excluded from this piece of legislation. Besides, there’s still an urgent need of a wide and effective education campaign among the general population that addresses respect to sexual rights. In May 2013 the ILGA map recognized that 66 countries have adopted explicit protection rules over these peoples. Cuba might be number 67 and keep taking new significant steps… because it is important to work out on policies that protect the rights of all people – and including sexual orientation as it was done at the 2012 Party Conference – but it is more important to make those commitments real by making them the law.

During the Friday session President Raul Castro also honored the late former South African president and human rights giant Nelson Mandela.

UPDATE #1: In a previous post before the law was approved Francisco took a look at the pluses and minuses of the measure and highlighted removal of language that would have protected Cubans from employment discrimination based on "political opinion" which had been included in a first draft.  Francisco called it a major step back.

UPDATE #2: Michael Lavers at the Washington Blade touched base with some of the leading critics of the Cuban government in the U.S. regarding this post. None of them were aware of the developments but they try to walk back some of the statements in this post.

Cuban-born Republican U.S. Representative Ileana Ros-Lehtinen was particularly dismissive of any claims that the Cuban government might be advancing on LGBT rights telling the Blade as follows:

The tyrannical regime in Cuba likes to fool those who are easily fooled but, unless there are human rights for all, there can be no true rights just for gays. One would have to be quite gullible to give any credence to reports that the non-freely elected sham of a parliament has passed an non-discrimination law regarding individuals who are LGBT. The Castro regime allows no freedom but it knows how to sugar coat its horrid human rights record by promoting a law that will never mean a thing. The Cuban people deserve freedom, whether they are gay or straight. Liberty knows no gender identity.

You can read more here.

UPDATE #3: Rep. Ros-Lehitenen tweets:

Don't fall 4 this sham. There's no freedom in #Cuba. @marielacastro is part of despotic regime. Don't be duped! http://t.co/PWrwAzzJhJ
— Ileana Ros-Lehtinen (@RosLehtinen) December 22, 2013

UPDATE #4: Well known Cuban government dissident Orlando Luis Pardo, taking notice that language prohibiting discrimination based on political opinion was eliminated from the bill, took to Twitter to express his displeasure.

"CUBAN POLITICAL APARTHEID," he writes adding a link to Francisco's blog post, "You can be LGBT or black in Cuba but not a Democrat of anti-Castro".

APARTHEID POLÍTICO EN CUBA http://t.co/Ug5LFDDisx Se puede ser LGBT o negro pero no demócrata ni antiCastro @paquitoeldecuba @CastroEspinM
— Orlando Luis Pardo (@OLPL) December 22, 2013

To be updated as more information becomes available.

RELATED:

• Cuban Labor Code to Protect LGBT Rights (Havana Times) 
• Cuba tiene un nuevo Código de Trabajo más inclusivo (IPS)

Historic: Latino becomes 1st openly transgender person to serve as a legislative staff member

New England's Bay Windows reports that one of the key Latino LGBT community leaders in the United States has been appointed as the legislative assistant to openly gay Democratic Congressman Barney Frank ("Mr. Sanchez goes to Washington", Dec . 17, 2008).

Diego Sanchez (right), the director of public relations and external affairs for the AIDS Action Committee of Massachusetts, will be leaving his long-time post as a community health advocate in Boston and begin his new job in early January. He becomes the first openly transgender person to have ever been appointed as a legislative staff member and will serve as the Congressman’s point person on LGBT rights.

Congressman Frank has come under fire from transgender activists in the past, particularly those who felt that he was too quick to drop language that would have extended protections for transgender individuals in the long-gestering, never passed federal Employment Non-Discrimination Act (ENDA), and Sanchez will undoubtedly be getting some flack from those who might feel he has sold out.

The appointment seems to explain comments from Congressman Frank made at the Victory Fund luncheon that I attended on December 6th in DC as part of an LGBT bloggers gathering. It was as close as I have heard him say that the next push for ENDA might include a push for transgender protections.

I wish Diego the best in his new post and extend warm congratulations for being appointed to the Congressman's staff.

Previously:

• DNC names Latina lesbian and Latino transman as at-large Democratic Convention delegates (Jan. 15, 2008)

Congressman Barney Frank: Add the T back to ENDA

News release from Barney Frank
Congressman, 4th District, Massachusetts
2252 Rayburn Building * Washington, D.C. 20515 * (202) 225-5931
October 19, 2007

FOR IMMEDIATE RELEASE
CONTACT: Joe Racalto 202-225-5931
Steven Adamske 202-225-7141

FRANK URGES COLLEAGUES TO SUPPORT REP. BALDWIN'S GENDER IDENTITY AMENDMENT TO ENDA

Congressman Barney Frank is urging his colleagues to vote for the
amendment to be offered by Congresswoman Tammy Baldwin to include
transgender individuals in the Employment Non-Discrimination Act when it
is considered on the House floor.

"The decision to offer such an amendment came out of a Caucus which
Chairman George Miller held of the Democratic Members of the Education and
Labor Committee. After some discussion, it became clear that offering
such an amendment would offer us the best chance to achieve Speaker
Pelosi's goal of adopting in the House the most inclusive ENDA bill for
which majority support existed.

"I argued in favor of transgender inclusion when I testified on the
original legislation on September 5, but many of us believed that sending
the full inclusive bill to the floor would open the door to a series of
demagogic procedural moves that would have endangered our chances of a
passing any bill at all. The discussion held by the Democratic Members of
the Education and Labor Committee, Congresswoman Baldwin and myself
resulted in this approach and I believe it meets the goal of giving people
the opportunity to support a fully inclusive bill while avoiding the
potential parliamentary death traps that would otherwise have resulted.
I will on the floor of the House be repeating essentially the arguments in
favor of transgender inclusion which I made in the September 5 hearing,
because we will now be able to do that in a procedural setting that allows
us to maximize support for an inclusive bill without endangering our
chances of getting any bill at all."

[A Lisa Keen article for Bay Windows posted on Wednesday gives some background as well as provides some nuance to today's press release from Congressman Frank's Office]

Congresswoman Linda T. Sanchez wants trans inclusion in ENDA

So, here's the thing...

As you know, I haven't been blogging much and people "in the know" have probably also noticed that I've been staying away from the ENDA fight - as big as pissing match as it's become (if you have to ask, Google the words "transgender" and "ENDA" and hit the 'News' button or - better yet! - simply click here).

Well, staying away no longer! Since this whole shindig began I was a bit frustrated that the Latino LGBT leadership in the US didn't have a voice in this but, then again, I figured it was up to the younger generations to stand up if they wanted a say. Ultimately - as Al Pacino said in The Godfather, Part 3 - "Just when I thought I was out, they pull me back in!"

Last week, in the wake of the fight that erupted after the Washington Blade revealed that Congressman Barney Frank (a personal hero) had introduced a transgender-less ENDA bill (arguing that there weren't enough votes for a trans-inclusive bill and that it was better to go with an allegedly winnable trans-less bill), my good friend Gloria Nieto from California (Miss Wild Thing, if you're nasty) reached out to me and asked if we should do something. I said yes but quickly became embroiled in work deadlines.

But yesterday came word that the bill would be marked up for a House vote today and - heck! - why not act?

So taking inspiration from another personal hero (Steven Goldstein from Garden State Equality in New Jersey and a letter he sent sent to NJ legislators) I quickly drafted a letter to California Congresswoman Linda T. Sanchez, at Gloria's suggestion, and within a couple of hours gathered an impressive list of co-signers. Here is the letter we sent last night:

AN URGENT LETTER TO CONGRESSWOMAN LINDA T. SANCHEZ

Wednesday, October 17, 2007

Dear Congresswoman Sanchez:

The U.S. House Education and Labor Committee, on which you serve, is scheduled to vote within the next two days on H.R. 3685, the version of the Employment Nondiscrimination Act (ENDA) that excludes gender identity protection.

As leaders of the Latino lesbian, gay, bisexual and transgender (LGBT) community throughout the United States we respectfully ask you to vote against approval and – instead - insist on a committee vote in favor of H.R. 2015, the version of the Employment Nondiscrimination Act ( of this version of ENDAENDA) that includes gender identity protections which would make employment discrimination against transgender people illegal.

You might be aware that these bills have drawn a tremendous response from various local and national LGBT organizations and leaders - as well as non-gay allies – who overwhelmingly recognize that stripping away gender identity language from ENDA would leave the transgender community without protections against discrimination.

And, as often is the case in the Latino community, the heated dialogue that has ensued might be considered by some as something that might pertain to the LGBT community but might not be of concern to Latinos living in the United States.

Those of us who have signed this letter, believe nothing could be further from the truth.

Over the last few decades, the LGBT movement in the United States certainly has made tremendous strides towards being recognized as equal citizens and yet, what is little known is that the Latino LGBT community and our Latino straight allies have been an integral part of this civil rights movement.

During the 1969 Stonewall Riots in New York City, seen now as the launch of the modern gay rights movement, Sylvia Rivera emerged as one of the key figures standing up to discrimination during those fateful nights, along with other Latina women who happened to be transgender.

And, while it is unarguable that the general environment for gays and lesbians has greatly improved since the Stonewall Riots, thanks in no small part to Sylvia and other Latino transgender heroes, the same cannot be said for transgender people who are probably almost as vulnerable today as they were then.

Some in the gay community have argued that the ‘T’ as in “transgender” is not part of the gay community but, if you really think about it, when people discriminate against a person based on their perceptions of who we are as gays and lesbians, their discrimination is often based on their perception of gender roles and not only sexual orientation.

This is particularly true of the Latino community which often confuses the issues of gender with sexual orientation as if they were interchangeable. Spanish language newspapers and television news often refer to transgender individuals as gays and gay Latinos are often asked what their gender role is in bed – whether a gay man is a “woman” in bed or a lesbian woman is “a man” – which speaks to how these issues are sometimes seen in the general Latino community.

Furthermore, for those of us who are transgender, have transgender friends and/or work with transgender communities, we are direct witnesses to how vulnerable the community is to being discriminated particularly in gaining employment.

For these and many other reasons, we know that it would be unconscionable to pass an ENDA bill that leaves the transgender community – and the Latino transgender community in particular – behind.

On behalf of the Latino LGBT leaders listed below in alphabetical order, we look forward to hearing from you. If you need additional information or would like to ask questions about this statement, please contact me at *****.

Sincerely, Gloria Nieto

Signees:

* Noel Alicea, Gay Men’s Health Crisis, New York, NY
* Marta Donayre, Love Sees No Borders, Sunnyvale, CA
* Andrés Duque, Mano a Mano, New York, NY
* Lorenzo Herrera y Lozano, ALLGO statewide people of color organization, Austin, TX
* Nila Marrone, LATINO PFLAG - NYC, PFLAG for Families of Color and Allies in NYC (PFLAG is an acronym for Parents, Families and Friends of Lesbians and Gays)
* Lisbeth Melendez, political consultant, Washington, DC
* Gloria Nieto, former member of the Democratic National Committee, San Francisco, CA
* Pedro Julio Serrano, National Gay and Lesbian Task Force, Washington, DC
* Herb Sosa, Unity Coalition/Coalicion Unida, Miami, FL

* NOTE: Affiliations appear for identification purposes only, signatures do not imply that those affiliations endorse this letter unless otherwise indicated.

So that was the letter. And, today, a committee vote did indeed come and I am happy to say that, while the trans-less bill was sent out of committee for a full House vote, Congresswoman Sanchez was one of four Democrat Congresspersons to state that they were against stripping trans protections from ENDA (a Latina woman at that!). Incidentally, Brooklyn representative Yvette Clarke, an African-American woman, was also one of those four.

Sanchez released the following press release this afternoon:

FROM THE OFFICE OF LINDA T. SÁNCHEZ
Representing California’s 39th District

FOR IMMEDIATE RELEASE

October 18, 2007

LINDA SÁNCHEZ votes against narrow version of EMPLOYMENT NON-DISCRIMINATION ACT

Congresswoman calls for inclusion of gender identity protections

Washington, DC – Congresswoman Linda Sánchez (D-Lakewood) issued the following statement when casting her vote today in the House Committee on Education and Labor against H.R. 3685, a narrow version of the Employment Non-Discrimination Act (ENDA) that excludes protections based on gender identity. Congresswoman Sánchez is an original cosponsor of H.R. 2015, the original version of ENDA that was introduced earlier this year and prohibits workplace discrimination based on sexual orientation and gender identity.

Congresswoman Sánchez joined three other Democrats in opposing H.R.3685 for similar reasons. The bill won approval by the Committee and is expected on the House floor next week. Congresswoman Sánchez is actively working to rally support for an anticipated amendment by Congresswoman Tammy Baldwin (D-Wisconsin) to add gender identity protections into the legislation.

“I am pleased that last month, the Subcommittee on Health, Employment, Labor and Pensions held a hearing on H.R. 2015, the original version of the Employment Non-Discrimination Act that was introduced earlier this year. I am a proud original cosponsor of that bill, which would prohibit workplace discrimination on the basis of sexual orientation and gender identity.

“I am disappointed that we're not marking up that bill today. Instead, we have a narrower, less inclusive version of the bill, which does not include gender identity.

“In the opening statement I submitted at last month's hearing, I said I was proud that as a member of this Committee, I was able to help make our employment laws consistent with our values.

“Unfortunately, this bill does not go far enough to enshrine American values into law because it fails to include protections to those who arguably need it most: transgender people, as well as those who don't conform to gender stereotypes. These are the most vulnerable people we sought to protect in H.R. 2015, the fully inclusive ENDA.

“I believe I am correct to say that it is an American value that it is unacceptable to deny someone a job, a raise, or a promotion for arbitrary factors beyond their job performance. And that is a value that holds true regardless of the worker’s real or perceived gender identity."

Still, the transgender-less bill now moves ahead to a House vote. Representative Tammy Baldwin says that she will introduce and amendment that would restore the gender identity provision that was removed a couple of weeks ago but it's unclear if this will be successful.