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LGBT workers caught in standoff as ENDA blocked

Boehner won’t bring up bill; White House continues to withhold executive order

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John Boehner, Republican Party, Ohio, Republican National Convention, Florida, Tampa, United States House of Representatives, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

House Speaker John BoehnerĀ opposes the Employment Non-Discrimination Act. (Washington Blade file photo by Michael Key)

After Senate passage of the Employment Non-Discrimination Act, progress toward protecting LGBT workers has hit a wall amid an apparent standoff between the U.S. House and the White House.

On the one hand, U.S. House Speaker John Boehner (R-Ohio) has said he sees “no need or no basis” for ENDA, which would bar most employers from discriminating against LGBT workers. On the other, the White House insists the House of Representatives must take Ā action and is continuing to withhold an executive order prohibiting federal contractors from engaging in anti-LGBT discrimination.

Boehner made the comments in opposition to ENDA, articulating a view he previously expressed through a spokesperson, when asked by the Washington Blade last week whether he would allow a vote on the legislation despite his own misgivings about the bill.

“I think this legislation that Iā€™ve dealt with as chairman of the Education & The Workforce Committee long before I was back in the leadership is unnecessary and would provide a basis for frivolous lawsuits,” Boehner said. “People are already protected in the workplace. Iā€™m opposed to continuing this.”

LGBT advocates immediately pounced on Boehner’s remarks, saying there’s no basis to believe the bill would lead to “frivolous lawsuits,” citing a recent study by Government Accountability Office finding that the enactment of similar state laws have resulted in “relatively few employment discrimination complaints.” Advocates also notedĀ an employee can be fired for being gay inĀ 29 statesĀ andĀ 33 statesĀ have no protections for transgender workers.

The next day, the Blade asked White House Press Secretary Jay Carney whether Boehner’s continued obstruction of a House vote on ENDA has led to any reconsideration of an executive order from President Obama barring LGBT discrimination among federal contractors. Carney restated Obama’s support for ENDA and redirected attention to Boehner in his response.

“So we are not at all ready to believe that the fight is over in the House, because it is the presidentā€™s strong conviction that this is the right thing to do and that the arguments against it do not hold up to scrutiny or the test of history,” Carney said. “So weā€™re going to keep fighting for the House to take it up and urging the House to take it up.”

Despite the outward appearance of a standoff between the White House and the House of Representatives, LGBT advocates dismiss the notion of gridlock and say movement continues behind the scenes.

Tico Almeida, president of Freedom to Work, said some of the momentum seen in the Senate continues in the House.

“More than a dozen House members have joined as ENDA co-sponsors within the last month alone, and we just reached the 200 sponsor mark,” Almeida said “By the end of this week, Freedom to Work will have met with and lobbied more than 15 Republican House offices in the two weeks since the Senate vote, and we think the number of ENDA co-sponsors will continue to grow.”

Almeida predicted that ENDA “would pass if allowed to reach the floor of the House,” joining Senate Majority Leader Harry Reid (D-Nev.), House Minority Leader Nancy Pelosi (D-Calif.), Sen. Jeff Merkley (D-Ore.), Rep. Jared Polis and the Human Rights Campaign in making that assessment.

Laura Durso, director of the LGBT Research and Communications Project at the Center for American Progress, said the standoff on action for LGBT workers actually exists elsewhere.

“I personally see the standoff really between the Republican leadership in the House and the bipartisan majority of the American public, the bipartisan majority in the Senate who had supported ENDA,” Durso said.

Meanwhile, ENDA supporters are continuing to draw attention to the lack of federal workplace non-discrimination protections for LGBT workers.

Last week, a coalition of groups including the Movement Advancement Project, issued an update to its series of reports on the state of LGBT workers with a new study that examines the particular plight faced by LGBT workers of color.

The report, titled “A Broken Bargain for LGBT Workers of Color,” takes a broader look at issues for LGBT people of color other than workplace discrimination, but findsĀ they have higher rates of unemployment in comparison to their straight counterparts.

The unemployment rate for LGBT Asian and Pacific Islanders is 11 percent compared to 8 percent for straight Asian and Pacific Islanders; for LGBT Latinos it’s 14 percent compared to 11 percent for straight Latinos; and 15 percent for LGBT African Americans compared to 12 percent for straight African Americans.

Additionally, the report found unemployment rates for transgender people of color have reached as high as four times the national unemployment rate.

“Hiring bias andĀ on-the-job discrimination mean that qualified LGBTĀ workers of color may not have the opportunity to findĀ jobs that match their abilities and aspirations and thatĀ allow them to support themselves and their families,” the report concludes.

CREDO,Ā a progressive social change organization, has prepared an online petition calling on Boehner to allow a vote on ENDA. As of last week, more than 49,000 people had signed.

“The Employment Non-Discrimination Act passed the Senate,” the petition states. “Stop blocking an up-or-down vote, and let all members of the House go on the record about where they stand on equal rights in the workplace.ā€

Meanwhile, calls continue for President Obama to sign an executive order to bar LGBT discrimination among federal contractors. If the order were along the lines of Executive Order 11246 signed by President Lyndon Johnson, it would bar discrimination based on sexual orientation and gender identity for federal contractors that earn more than $10,000 a year in federal contracts.

Sarah Trumble, policy counsel for the centrist group known as the Third Way, saidĀ the White House may decide to issue the executive order “as a down payment” for LGBT workers while anticipating later action from Congress.

“Because these issues are actually separate, even if the White House does issue the executive order, we would still need ENDA and Speaker Boehner would continue to feel the pressure to give the bill a vote,”Ā Trumble said.

Almeida expressed frustration that the Obama administration continues to hold out on the executive order.

ā€œThereā€™s no need to wait months, or even wait days, before adding strong LGBT workplace protections to millions of American jobs,” Almeida said. “The unexplained delays by the Obama administration are perplexing.”

Almeida said that last week the company Bechtel, a global engineering and construction company, received a $143 million contract from the U.S. government even though protections for transgender workers aren’t included in its non-discrimination policy.

“The existing federal contractor Executive Order 11246 already bans sex discrimination, giving the Labor Department the authority to insert transgender protections into the language of contracts like the one Bechtel signed last week,” Almeida said. “But the Labor Department is sadly allowing those opportunities forĀ progress to slip away.”

Such action from the Labor Department, Almeida noted, would bring the existing executive order into alignment with the U.S. Equal Employment Opportunity’s decision in Macy v. Holder that found transgender discrimination amounts to gender discrimination prohibited under current law.

“We will keep pushing for both President Obama and Labor Secretary Perez to take concrete action to ensure American taxpayer money is not squandered on harassment or discrimination,” Almeida concluded.

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

ā€˜Biden administration is flat wrong on thisā€™

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

ā€œHealth care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

ā€œThe Biden administration is flat wrong on this. Itā€™s wrong on the science and wrong on the substance. Itā€™s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patientsā€”where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitationā€”the entire community is watching.” 

ā€œNo parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,ā€ she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

ā€œThis is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,ā€ said Scott.

ā€œLetā€™s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patientsā€™ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youthā€™s access to the very same care that many cisgender youth receive every year ā€” thatā€™s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.ā€ 

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Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

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Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June. 

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk. 

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

ā€œYou know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,ā€ Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

ā€œIt was a great year,ā€ he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.ā€

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond. 

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state. 

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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