Did Donald Trump Just Pull A Fast One On LGBTQ Protections In USMCA?

Leaders of Mexico, United States and Canada sign new USMCA trade deal

Last Friday, while attending the G20 economic summit in Argentina, Donald Trump sat down alongside Mexican President Enrique Peña Nieto and Canadian Prime Minister Justin Trudeau to sign the newly-minted United States Mexico Canada Agreement (USMCA).

The trade deal is meant to serve as a replacement for NAFTA (North American Free Trade Agreement).

At the time, anti-LGBTQ House Republicans wailed about a provision that calls on the three countries to support “policies that protect workers against employment discrimination on the basis of sex, including with regard to pregnancy, sexual harassment, sexual orientation, gender identity.”

According to Politico, the LGBTQ provisions were a Canadian priority championed by Trudeau.

That sounds great for the gay community, right? Not so fast.

Forty-five House Republicans signed a letter to Trump urging him to have the language removed.

And now, Canada’s Global News is reporting the clause may be rendered useless in terms of LGBTQ Americans due to a foot note.

The Global News reports, "The final agreement has a change in language that various analyses suggest will water down its reach: The new wording calls on each country to implement policies each 'considers appropriate to protect workers against employment discrimination on the basis of sex.'"

A footnote in the agreement reads:

The United States’ existing federal agency policies regarding the hiring of federal workers are sufficient to fulfill the obligations set forth in this Article. The Article thus requires no additional action on the part of the United States, including any amendments to Title VII of the Civil Rights Act of 1964, in order for the United States to be in compliance with the obligations set forth in this Article.

See that part? "Existing federal agency policies regarding the hiring of federal workers are sufficient to fulfill the obligations..."

So, no new LGBTQ protections for Americans.

Geoffrey Gertz of the Brookings Institute called the footnote "ridiculous" and "the kind of thing that will make progressives even more suspicious of engaging with trade liberalization."

Honestly, whatever you think of the LGBTQ provisions in the new NAFTA, this outcome - to include them but nullify them with a footnote - is ridiculous. And it's the kind of thing that will make progressives even more suspicious of engaging with trade liberalization (ht:@snlester) https://t.co/6dY6ZezgAE

— geoffrey gertz (@geoffreygertz) November 30, 2018

It's not all a done deal, though. Lawmakers in all three countries will have to pass legislation that actually ratifies the agreement in order for it to take effect.

Trump Signs New Canada/Mexico Trade Agreement With Pro-LGBT Language

Mexican President Enrique Peña Nieto, Donald Trump & Canadian Prime Minister Justin Trudeau

Donald Trump has signed the newly-updated trade agreement between the United States, Canada and Mexico.

The agreement, much to the chagrin of 38 House Republicans, includes aspirational language encouraging member states to adopt policies against LGBT discrimination in the workforce.

Trump signed the agreement in Buenos Aires alongside Mexican President Enrique Peña Nieto and Canadian Prime Minister Justin Trudeau.

From The Washington Blade:

Section 23 of the USMCA contains a provision against sex discrimination in the workplace, calling on members in the deal to adopt policies against sex-based discrimination, including on the basis of sexual orientation and gender identity. The section also calls for cooperation among the member states “in promotion of equality and elimination of employment discrimination” with regard to numerous characteristics, including sexual orientation and gender identity.

The inclusion of the LGBT language in the update to NAFTA, the North American Free Trade Agreement, is a win for Trudeau, whose government inserted the provisions. The language, however, is aspirational and won’t require a change in law for any member states.

Although the United States has federal laws barring discrimination on the basis of sex and courts are increasingly interpreting them to bar anti-LGBT discrimination, no explicit federal law is in place against workplace discrimination on the basis of sexual orientation and gender identity.

Trump signed the agreement with the LGBT provisions intact even though a group of 38 House Republicans led by Rep. Doug Lamborn (R-Colo.) urged him to seek removal of that language, insisting the agreement “is no place for the adoption of social policy.”

The USMCA must be ratified by Congress with implementing language for the agreement to take effect. It remains to be seen whether House Republicans will now vote against the agreement with the LGBT language, or if the USMCA has enough support for approval in the next Congress when Democrats will have a majority in the U.S. House.

According to Politico, the LGBT provisions were a Canadian priority championed by Trudeau.

Moments ago at the signing of the new USMCA deal, Trudeau tells Trump that GM closing plants in both countries is another reason why the president should remove steel and aluminum tariffs #USMCA #NAFTA #cdnpoli pic.twitter.com/4V92HGzS8C

— Michel Boyer (@BoyerMichel) November 30, 2018