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Advocates still pushing Obama on exec order

Mixed views on whether White House will change course

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Tico Almeida, executive director of Freedom to work, said he’s hopeful that President obama will change course and sign an executive order barring workplace discrimination against LGBT employees of federal contractors. (Blade file photo by Michael Key)

LGBT advocates and lawmakers on Capitol Hill continue to press President Obama to issue an executive order barring LGBT workplace discrimination among federal contractors, despite the announcement that the directive won’t happen at this time.

Though the pressure continues, there are mixed views about whether a change of course is likely to happen during Obama’s first term.

A Senate Democratic aide, who spoke on condition of anonymity, said “more than one Democratic office” on Capitol Hill is pushing the White House to reconsider the decision not to issue the executive order, although the source wouldn’t identify which offices were speaking with the White House.

“There are ongoing discussions, and I think there’s going to be senator-level discussions,” the aide said.

Asked what the response has been from the administration, the aide said White House officials weren’t “too sympathetic to the notion that the president should issue the executive order,” but predicted pressure from Capitol Hill would “grow louder and louder.”

The aide said Obama could still issue the executive order before the end of this term, saying, “I think there’s more than enough wiggle room that the White House has left itself.”

Advocates were told on April 11 during a high-level White House meeting that Obama wouldn’t issue such a directive at this time and prefers to pursue passage of legislation to address the issue known as the Employment Non-Discrimination Act.

Sen. Jeff Merkley (D-Ore.) criticized the White House publicly in a statement, and disappointment was echoed by Rep. Frank Pallone (D-N.J.), who circulated a letter among colleagues that urged Obama to sign the directive. Gay Rep. Jared Polis (D-Colo.) said he wished the president “was a little more aggressive” in combatting workplace discrimination in an interview with Roll Call.

Several LGBT advocates echoed the feeling that the fight is not over on the executive order and that the administration could issue the directive before the year is out.

“It is my understanding from conversations with Hill staffers that their bosses are privately engaging the White House to explain to them the mistake that was made by delaying the executive order, and encouraging them to fix the mistake sooner rather than later,” said Tico Almeida, executive director of Freedom to Work.

Almeida said he’s engaged in meetings with White House staff and is proposing further discussions to address remaining concerns about the executive order. He plans to fly in from across the country LGBT victims of workplace discrimination to meet with senior officials and members of Congress.

“I’m optimistic that the White House staff will take this very seriously and I maintain some hope that President Obama will correct the mistake made by White House staff, who decided to delay the executive order,” Almeida said. “I maintain hope that the president will sign it in May or June.”

Jeff Krehely, vice president for LGBT programs at the Center for American Progress, said his organization continues to have conversations with White House officials and has exchanged documentation about the executive order following the April 11 meeting.

“There have definitely been a couple of conversations thinking through whether there’s a need for additional research of perspectives on the problem,” Krehely said. “From CAP’s perspective, we’ve been clear that we’ve all in the advocacy community done quite a bit of research, shown the magnitude of the problem, the legal authority the president has to act on an executive order. I think we’re just having a conversation about making sure that everybody in all the different places in the administration is fully aware of all the research that’s been done to date on the issue.”

Brad Sears, executive director of the Williams Institute at the University of California Los Angeles, said his organization has taken part in meetings with administration officials on publicly available research the organization has showing businesses thrive when they have LGBT non-discrimination protections in place and that the executive order is legally sound.

“My impression from those meetings is the White House doesn’t have a question about either of those,” Sears said. “We believe that the policy research and the legal authority is there.”

According to a report published last week by the organization, 86 percent of all federal contractors protect against discrimination on the basis of sexual orientation and 55 percent on the basis of gender identity. The combined total means almost one-half of all federal contractors have LGBT protections, which amounts to more than $249 billion in federal spending.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said his organization has joined in conversations with the White House on the executive order.

“Along with CAP and the Williams Institute, we are compiling all of our comprehensive materials for the White House that makes the case for this common-sense order,” Cole-Schwartz said. “While we continue to advocate for these workplace protections, we believe that the arguments have been ironclad even before we were informed that the White House would not be taking action at this time.”

A White House spokesperson didn’t immediately respond to a request for comment.

Krehely added he thinks there’s room for Obama to issue the executive order during his first term because White House officials didn’t deliver a hard “no” during the April 11 meeting, but rather said they weren’t issuing the order at this time.

But other LGBT advocates, who agreed to speak on condition of anonymity to be more forthcoming on their views, weren’t as optimistic and didn’t see a path for the executive order this year.

“They have doubled down on their strategy on the executive order,” one advocate said. “I don’t believe they will reverse their course. I think the EO is done until after the election.”

According to the source, the decision has implications for Obama’s 18-month long “evolution” on marriage.

“With respect to marriage, there are a lot of cards still to be played, like the convention and the ballot states,” the advocate said. “Unfortunately, the mood has turned dire in that if they didn’t let the EO proceed, it stands to reason that the president won’t announce a pro for marriage equality position before the election. I don’t know that for sure but it stands to reason.”

Another anonymous source who has an interest in building LGBT support for Obama in the election expressed a similar sentiment about the prospects for an executive order against workplace discrimination this term.

“The thing about executive orders is that he can issue them whenever he wants, but he’s not going to,” the source said. “In the meeting they made it very clear that they’re not going to do it.”

Another source with connections to the White House said political concerns played a role in the decision not to issue the executive order. According to the source, there are fears that issuing the order could give the impression that the White House is trying to bypass Congress and that such actions won’t play well in battleground states like Ohio, which could determine the outcome of the election.

In an interview with the Washington Blade last week, gay Rep. Barney Frank (D-Mass.) expressed a similar sentiment.

“I understand there’s a lot on the plate politically,” Frank said. “And there are concerns now — not about LGBT issues — but there’s a whole developing argument about his being too much unilateral. I don’t know if you saw the article in the New York Times about too much unilateral executive order, and I think that had more to do with it than the LGBT specifics.”

But two sources expressed confidence that Obama would issue the executive order in a second term if Congress fails to act on ENDA.

“I’d be very surprised if he didn’t do this in a second term, and I’d be very surprised if he didn’t come out for marriage in a second term,” one source said.

Since the April 11 meeting, Obama endorsed legislation that aims to protect LGBT students from bullying, known as the Student Non-Discrimination Act and the Safe School Improvement Act. Additionally, the Blade has learned that the White House plans to host another Pride celebration during the month of June.

Even so, some LGBT organizations have pledged to continue pressing for the executive order.

Heather Cronk, managing director for GetEQUAL, said her organization has had positive reactions in meetings that supporters have had with various Obama campaign offices on LGBT workplace discrimination.

“What we’ve discovered through those campaign actions is a lot of the campaign staff agreed with us that the president, the candidate they’re working for, should sign the executive order,” Cronk said. “It was clear to us that we didn’t actually want to do too hard-hitting action at some of those offices because we were finding that the staff and volunteers agreed with us.”

Supporters at Obama campaign offices in Virginia, Los Angeles, Austin and Laramie, Wyo.,delivered pens to campaign officials — in case the president couldn’t find something to write with — in a symbolic action to encourage the president to sign the order.

Next on the agenda for GetEQUAL, Cronk said, will be actions “more theatrical in nature” to drive the point less to the Obama campaign offices and more to campaign headquarters.

“The pressure isn’t letting off,” Cronk said. “We still have our foot on the gas and we still think there’s an opportunity for President Obama to do the right thing, and we’ll keep escalating until we either get another response from the White House with a more definitive ‘no,’ or get an affirmative response from the White House and see an executive signing in the next month.”

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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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