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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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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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