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Will Obama’s jobs speech be LGBT-inclusive?

Legalized discrimination persists, ENDA frozen

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President Obama (photo courtesy whitehouse.gov)

With the nation awaiting President Obama’s jobs speech later this week, some advocates are hoping for a mention of employment protections for LGBT workers.

Justin Tanis, spokesperson for the San Francisco-based Out & Equal Workplace Advocates, said the Thursday speech before a joint session of Congress is “absolutely” an opportunity for Obama to address the absence of federal protections for LGBT workers.

“I think any serious plan to get Americans back to work has to look at the forces that are keeping Americans from working — and it’s clear that homophobia and transphobia are still very present in the lives of LGBT people,” Tanis said. “As long as our country fails to address those, discrimination is going to continue.”

While some states have laws that prohibit employers from discriminating against LGBT workers, in many places these protections are non-existent. Firing a person based on sexual orientation is legal in 29 states, while firing someone based on gender identity is legal in 35 states.

Federal legislation that would prohibit discrimination against LGBT people in most situations in the public and private workforce is known as the Employment Non-Discrimination Act. The bill is sponsored by gay Rep. Barney Frank (D-Mass.) and Sen. Jeff Merkley (D-Ore.).

Tanis said Obama should express “vigorous support” for the enactment of employment protections such as ENDA in Congress during his much-anticipated jobs speech.

“It’s clear there needs to be a long-term plan for addressing anti-LGBT discrimination in the workplace whether it takes the form of ENDA or other measures,” Tanis said.

Whether President Obama will spend political capital to address the lack of non-discrimination protections for LGBT workers remains to be seen. A White House spokesperson declined to comment on whether the speech would be LGBT-inclusive.

Last week, the monthly jobs report from the Labor Department revealed that the unemployment rate remains fixed at 9.1 percent and a net of zero job growth took place in August.

White House Press Secretary Jay Carney said last week the proposals Obama will unveil on Thursday would “absolutely” change these numbers into something more positive.

“The president will come forward with specific proposals that by any objective measure would add to growth and job creation in the short term,” Carney said. “And that will be part of a broad package that reflects his commitment to grow the economy now and to build a foundation for economic growth for the future to ensure that we win the future.”

Some LGBT advocates are skeptical that these proposed policy changes would be inclusive of ENDA or, more generally, the lack of federal job protections for LGBT workers.

Richard Socarides, president of Equality Matters, said he thinks the incorporation of LGBT job protections as part of these measures would be “highly unrealistic.”

“I don’t think they will see the connection,” Socarides said. “To be candid, I don’t think it’s a particularly good strategic opportunity. I think that all Americans — including LGBT Americans — want to see the economy improve and for the administration’s policies to create jobs.”

Mara Keisling, executive director of the National Center for Transgender Equality, said she doesn’t know enough about the president’s speech to say whether Obama should address the lack of federal job protections for LGBT Americans.

“I would bet he’s not likely to, and I don’t know enough about the speech to know if he should,” Keisling said. “If it’s a speech just about rebuilding infrastructure, it probably isn’t all that appropriate. If it’s an overall getting people working thing, it may be appropriate.”

Keisling said the most important part of the speech — even for LGBT people — is “there’ll be jobs for us to have because the economy is really, really hurting.”

Still, the jobs speech could be an opportunity for Obama to unveil an administrative action he could take on his own to prevent some LGBT Americans from experiencing discrimination in the workplace.

With Congress unlikely to act on ENDA as long as Republicans remain in control of the House, some LGBT advocates have called for an executive order barring the federal government from contracting with companies that don’t have their own non-discrimination protections based on sexual orientation and gender identity.

Carney last week said the proposals Obama would unveil on Thursday would be both legislative and administrative. An executive order barring LGBT job bias among federal contractors could fall into this latter category.

But Carney emphasized that regulatory changes — as opposed to an executive order — would be the administrative means by which the president would address the job situation.

“He can also do things, as he has in the past, administratively that can help the economy grow, that can … relieve businesses from burdensome regulations; other measures he can take administratively that don’t require legislative action, he will continue to do that as well,” Carney said.

Socarides said Obama could unveil an executive order barring LGBT job bias among federal contractors at any time even without the jobs speech as a backdrop,

“Any day and everyday is a good day to do that,” Socarides said. “You don’t need a special day or a special day or a special speech. I would be surprised if they were considering it in the context of a jobs creation speech, but it is important.”

 

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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