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Boehner on ENDA: ‘I haven’t thought much about it’

Advocates continue to press Obama on exec order

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John Boehner

House Speaker John Boehner (Blade file photo by Michael Key)

U.S. House Speaker John Boehner (R-Ohio) expressed little interest Wednesday in advancing the Employment Non-Discrimination Act in the wake of an announcement from the White House last week that the Obama administration won’t take action against LGBT workplace discrimination at this time.

Although the administration insists it will work with Congress to pass legislation in lieu of an executive order barring federal contractors from discriminating against LGBT workers, Boehner seemed unaware of ENDA in response to a question from the Washington Blade, saying, “I haven’t seen the bill. I haven’t thought much about it.”

Asked whether passage of ENDA might alleviate the 8.2 percent unemployment rate if employers were barred from firing LGBT workers, Boehner said “ample laws” are in place and deferred further comment to the House Committee on Education & the Workforce. The committee didn’t immediately respond to a request for comment.

“No one should face discrimination in the workforce,” Boehner said. “There are ample laws already in place to deal with this. Having been the chairman of the Education & Workforce Committee, I’m quite familiar with employment law. But if there are further changes that are necessary, I’m sure the committee will look at it.”

Even if Boehner were to bring the bill to a vote, it is unlikely to pass the House where Republican lawmakers hold the majority. ENDA has 161 co-sponsors in the House, far short of the 218 votes that would be needed for passage.

But Boehner’s lack of interest in ENDA raises questions about how the administration expects to move forward with legislation prohibiting LGBT workplace discrimination in the wake of announced plans to work with Congress to the pass the bill instead of taking administrative action and issuing an executive order.

On Monday, White House spokesperson Shin Inouye told the Blade and other media outlets that the “time is right” for a comprehensive legislative approach to passage of ENDA.

Tico Almeida, president of Freedom to Work, said Boehner’s response indicates he doesn’t want to appear to go against the majority of the American public, which backs the idea of legislation protecting LGBT workers from discrimination, according to several polls. Some of those polls show that many Americans remain under the false impression that such a law is already in place.

“I think Speaker Boehner ducked this question from the Washington Blade because he does not want to have to publicly side with the small and decreasing number of Americans who tell pollsters that simply being gay should be grounds for firing a talented and hard working employee,” Almeida said. “Polling data shows that LGBT workplace fairness is quickly becoming a winning wedge issue to use against pro-discrimination politicians who hold antiquated and un-American beliefs.”

Meanwhile, LGBT advocates continue to push President Obama to issue the executive order — despite the announced “no” on the proposed action delivered to them last week — as they call for congressional action in the Democratic-controlled Senate on ENDA. The Blade reported extensively on the importance of a trans-inclusive hearing and markup on the bill last month.

Michael Cole-Schwartz, an HRC spokesperson, alluded to the importance of a hearing as he lambasted Boehner for his response to the legislation.

“If the speaker is so familiar with employment law he should know it’s perfectly legal to fire LGBT people in most states,” Cole-Schwartz said. “This attitude is precisely why we need congressional hearings on an inclusive ENDA so the costs of employment discrimination are put on full display.”

No federal law or federal regulation bars employers from firing LGBT workers based on their sexual orientation or gender identity. Firing or discriminating against someone because they’re gay is legal in 29 states; firing or discriminating against someone because they’re transgender is legal in 34 states.

Despite calls for a Senate hearing on ENDA, the Senate Health, Education, Labor & Pensions Committee hasn’t yet scheduled a hearing on the legislation.

Justine Sessions, a Senate HELP Committee spokesperson, said this week no plans are in place to hold a hearing on the bill.

“Sen. Harkin is strongly supportive of an inclusive ENDA and looks forward to working with Sen. Merkley and other supporters to advance this important issue,” Sessions said. “The HELP Committee has not planned any hearings beyond the month of May, but I am happy to keep you posted.”

On the same day Boehner punted to the House Committee on Education & the Workforce on ENDA, the committee in fact held a hearing on a related issue: the impact of regulatory and enforcement actions of the Office of Federal Contract Compliance Programs.

The hearing is significant because it would have been an opportunity to discuss the proposed executive order requiring companies doing business with the U.S. government to have non-discrimination policies protecting LGBT employees. Multiple sources have said the Labor and Justice Departments cleared the measure before sending it to the White House, which announced last week it won’t take action at this time on the directive.

According to a news statement from Freedom to Work, no complaints were voiced about the executive order despite the nature of the hearing.

“Today’s congressional hearing featured three Republican-selected witnesses, including business representatives, and not a single one of them complained about the proposal to add LGBT Americans to the Labor Department’s rules that ensure taxpayer dollars are not squandered by discriminatory contractors who allow anti-gay hostile work environments,” Almeida said. “Not a single Republican member of Congress who attended the hearing complained either.”

In an email to the Blade, Almeida clarified that the executive order didn’t come up in any capacity during the hearing in addition to no one voicing any complaints about it. Rep. George Miller (D-Calif.), ranking Democrat on the committee, was among 72 House members who wrote to Obama urging him to sign the executive order.

Almeida stressed the importance of signing the executive order as the most immediate way to provide protections to LGBT workers.

“Ever since I attended the White House meeting last Wednesday with Valerie Jarrett, White House spokesperson Jay Carney has been ducking questions from the press and making up lame excuses to justify the president’s delay in signing this executive order that Barack Obama promised four years ago he would sign if we helped elect him,” Almeida said. “I agree with the Center for American Progress and the Human Rights Campaign that President Obama should sign the LGBT order now.  To quote the president’s own words, ‘We can’t wait.’”

A transcript of the exchange between Boehner and the Blade follows:

Washington Blade: Mr. Speaker, the White House announced the president won’t issue an executive order requiring federal contractors to have non-discrimination policies in place preventing them from firing workers who are gay or transgender. Instead, they said he wants to work with Congress to pass legislation known as the Employment Non-Discrimination Act, which would bar most employers from discriminating against workers on this basis. What are your views on this legislation and would you be open to bringing it up for a vote?

Boehner: I haven’t seen the bill. I haven’t thought much about it.

Blade: Arguably, among those who are in the 8.2 percent who are unemployed are in that situation because they faced discrimination on this basis. Wouldn’t passage of this legislation —

Boehner: Well, no one should face discrimination in the workforce. There are ample laws already in place to deal with this. Having been the chairman of the Education & Workforce Committee, I’m quite familiar with employment law. But if there are further changes that are necessary, I’m sure the committee will look at it.

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HRC condemns DoE removal of LGBTQ bullying data from federal survey

Organization cites rise in homophobic, transphobic policies, worse mental health outcomes

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Department of Education. (Public domain photo)

The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.

The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.

That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.

Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.

K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.

These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.

The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.

By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.

Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.

The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.

This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.

Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.

These policies have a real-world impact on trans people.

The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.

Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.

HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.

“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”

HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.

This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.

The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.

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Michigan

Progressives score victory as El-Sayed wins Mich. Senate primary

Democratic newcomer will face Rogers in November

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Democratic Senate candidate Abdul El-Sayed (Screen capture via MS NOW/YouTube)

Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.

NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.

Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.

This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.

El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).

Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.

During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.

She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).

The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.

AIPAC devoted a massive amount of money to this race.

The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.

Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.

The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.

El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.

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White House orders warning signs at Smithsonian over gender identity exhibits

Administration criticizes National Museum of American History

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Secretary of the Interior Doug Burgum is expected to install warning signs outside the National Museum of American History warning visitors of supposedly anti-American content. (Photo courtesy of the Office of the Governor of North Dakota)

The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.

According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”

Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.

Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.

“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.

The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.

The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.

The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”

The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.

It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”

Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”

On July 9, the American Historical Association issued a statement rejecting the report’s findings.

In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.

House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”

In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.

Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.

“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.

Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.

It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.

An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)

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