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Exxon Mobil to offer spousal benefits to gay employees

Accused of anti-gay bias, oil giant institutes change to comply with fed’l policy

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Exxon, Mobil, gay news, Washington Blade

Exxon Mobil has adopted spousal benefits for its gay employees (Photo of Exxon sign by Ildar Sagdejev, photo of Mobil sign by Terence Ong; courtesy Wikimedia Commons).

Faced with criticism over anti-LGBT policies and a lawsuit alleging anti-gay bias in its hiring practices, oil-and-gas giant Exxon Mobil has elected to offer employees in same-sex marriages health and pension benefits.

Alan Jeffers, an Exxon Mobil spokesperson, said in a statement Friday the company had decided to institute the benefits in the wake of the Supreme Court decision against the Defense of Marriage Act to achieve consistency with the federal government.

“ExxonMobil will recognize all legal marriages for the purposes of eligibility in U.S. benefit plans to ensure consistency for employees across the country,” Jeffers said. “The decision is consistent with the direction of most U.S. government agencies, including the Department of Homeland Security, Treasury and the IRS. Legal marriages are determined by the laws of the state or country where the marriage took place.”

Jeffers said this approach to spousal benefits is consistent in all countries where Exxon Mobil operates, which looks to national laws to determine eligibility for spousal benefits. According to Exxon Mobil, the company provides benefits to same-sex spouses in 30 countries outside the United States.

Speaking with the Blade, Jeffers declined to say who executed the change within Exxon Mobil, but maintained it was enacted for the sake of consistency and will be effective Tuesday. Jeffers said the company won’t recognize civil unions or domestic partnerships, only legal marriages.

Exxon Mobil enacts these benefits amid criticism for having anti-LGBT policies. For example, the company has no non-discrimination protections for workers based on sexual orientation and gender identity in its Equal Employment Opportunity guidance. Exxon Mobil has the notorious distinction of being rated “-25” in the Human Rights Campaign’s Corporate Equality Index, the lowest of any company.

Deena Fidas, director of HRC’s Workplace Equality Program, called the move from Exxon Mobil “a step toward equality,” but expressed continued disappointment with the company for its overall practices in comparison to its competitors like Chevron or BP.

“There is no federal law protecting employees from discrimination against sexual orientation or gender identity and ExxonMobil refuses to join the majority of their Fortune 500 colleagues in adopting their own such policies,” Fidas said. “One has to wonder, what good are benefits for your same-sex spouse if you risk being fired for disclosing your sexual orientation in order to access them?”

The new policy from Exxon Mobil follows a similar decision from retail giant Walmart, which announced earlier this month it would begin offering domestic partner benefits to employees. But unlike Exxon Mobil, Walmart isn’t recognizing the same-sex marriages of workers for the purposes, even in states where same-sex marriage is legal.

For the 16th time this year, Exxon Mobil shareholders rejected a resolution that would have expanded the company’s equal employment opportunity policy to include non-discrimination protections for LGBT workers. This year, the resolution was sponsored by New York State Comptroller Thomas DiNapoli, whose state owns a significant share of the company.

In a statement, DiNapoli commended Exxon Mobil for its new policy.

“Corporate discrimination in any form is simply not good business,” DiNapoli said. “On behalf of those who have supported the New York State Common Retirement Fund’s shareholder resolutions on this issue over these past four years, I am gratified that ExxonMobil, one of the largest corporations in the world and one of the Fund’s largest holdings, will treat its employees with the dignity, equality and respect that they deserve.”

Exxon Mobil enacts the new policy as it faces a lawsuit in Illinois filed by the LGBT group Freedom to Work over alleged anti-gay bias in hiring practices. The case is pending before the Illinois Department of Human Rights.

Tico Almeida, president of Freedom to Work, called the company’s new policy “a victory,” but said it should be followed with the company settling the lawsuit by enacting a non-discrimination policy for its LGBT workers.

“It’s time for Exxon to stop wasting its shareholders’ money by running up legal bills on discrimination proceedings that can be settled right away if the corporation would simply add LGBT protections to Exxon’s official equal employment opportunity document,” Almeida said. “We’d like to begin settlement talks next week in our Illinois lawsuit stemming from evidence that Exxon gave hiring preference to a less qualified straight applicant over a more qualified lesbian applicant.”

But Exxon Mobil shows no signs of buckling on the issue of non-discrimination. Jeffers said the equal employment opportunity is based on the current federal law — which affords no explicit protections for LGBT workers — and said Freedom to Work’s lawsuit is without merit because it’s based on fictitious resumes sent to the company and not any real discrimination.

“We have responded to the claims,” Jeffers said. “We consider them baseless, without merit. We feel that the organization filed the complaint to really use our name to advance its political agenda. This is not a case of discrimination. We do not accept the claim and provided a response to the Department of Human Rights in Illinois.”

Additionally, Jeffers said the company has a “zero-tolerance” policy for discrimination. Although the equal employment non-discrimination policy doesn’t include protections for LGBT workers, Jeffers said the company has “very explicit” training against any form of discrimination, including sexual orientation, and has employee affinity groups, including one for LGBT employees.

Almeida acknowledged he had read the response filed by Exxon Mobil in the case and said it was written by Seyfarth Shaw, a Chicago-based firm that he earlier said was representing Exxon Mobil in the case. However, Almeida declined to provide a copy of the response. Exxon Mobil didn’t immediately respond to a follow-up request to provide the response.

Still, Almeida noted Exxon Mobil made the change to spousal benefits one week after the Labor Department made public its post-DOMA guidance for employer-provided pension and health care for employees, saying it’s evidence the company will act in a pro-LGBT way if required by federal law.

“The timing shows that Exxon is the kind of company that only does the right thing when they are forced by law, and therefore we will push forward on Freedom to Work’s lawsuit until Exxon agrees to amend its policies to make clear that LGBT Americans have the same workplace protections as everyone else,” Almeida said.

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National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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