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Advocates seek LGBT inclusion in State of the Union

A call for ENDA passage sought yet again

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Barack Obama, gay news, Washington Blade, Joint Session of Congress
Joint Session of Congress, gay news, Washington Blade, Barack Obama

Advocates are calling on President Obama to mention LGBT workers during his upcoming State of the Union address. (Washington Blade file photo by Michael Key)

Amid expectations that President Obama will issue a national call to address income equality in his upcoming State of the Union address, some advocates are asking him to take the opportunity to speak out against anti-LGBT workplace discrimination.

With no explicit federal language in place protecting LGBT workers from job discrimination, advocates are calling on Obama to incorporate as part of his speech a call to pass the Employment Non-Discrimination Act and a pledge to sign an executive order prohibiting anti-LGBT discrimination among federal contractors.

The details of the speech are under wraps, but Obama already hinted earlier this month the address — which will be delivered Tuesday before a joint session of Congress — will seek to mobilize the country to ensure “the economy offers every American who works hard a fair shot at success.”

Fred Sainz, vice president of communications for the Human Rights Campaign, said including the executive order or ENDA in the speech would fit right in with the president’s larger theme.

“The president is going to spend much of his State of the Union talking about economic inequalities and it’s important that he highlight those faced by the LGBT community,” Sainz said. “There are many ways to address these issues including signing a federal contractor non-discrimination executive order and calling on Congress to send ENDA to him for his signature.”

The call for inclusion of the executive order and ENDA in the State of the Union is the same request that LGBT advocates made early in 2013 prior to that year’s speech. Instead, Obama made a veiled reference to gay people when he said the economy should work for Americans “no matter…who you love” and gave himself props for starting the process to secure partner benefits for gay troops.

But the situation has changed this time around. The Senate last year passed ENDA on a bipartisan basis by a 64-32 vote. The only thing stopping ENDA from reaching Obama’s desk is House Republican leadership. House Speaker John Boehner (R-Ohio) has repeatedly said he opposes the bill when asked if he’ll allow a vote on it.

Tico Almeida, president of Freedom to Work, said including ENDA in the State of the Union would place significant pressure on Boehner to move forward.

“By explicitly calling on Speaker Boehner to allow ENDA to come to a vote, and by explaining the current gaps in employment law to the American people, President Obama can help build political momentum and do important public education to help correct the fact that 80 or 90 percent of Americans mistakenly think ENDA is already law,” Almeida said. “The president’s words would be a catalyst for millions of important conversations around the country.”

Almeida pointed to Obama’s words in his previous State of the Union speech calling for reauthorization of the Violence Against Women Act as “model language” for what he could say about ENDA. Following that speech, the House voted to send  an LGBT-inclusive VAWA reauthorization to Obama’s desk after a version without the protections failed on the House floor.

The White House didn’t respond to a request for comment on whether Obama will include a reference to ENDA or the executive order in the State of the Union address.

If Obama calls for passage of ENDA during the State of the Union, it wouldn’t be the first time that a president has mentioned the legislation during the annual speech. In 1999, then-President Clinton said discrimination based on factors such as sexual orientation “is wrong and it ought to be illegal,” calling on Congress to turn ENDA as well as hate crimes protections into law.

As for the executive order, Obama has recently threatened to take executive action if Congress fails to act on legislation important to his agenda. White House Press Secretary Jay Carney said he had no updates when asked by the Blade if the use of the pen applies to non-discrimination protections for LGBT workers, but suggested Obama would take the route only for other agenda items.

Still, the lingering issue of LGBT workplace discrimination isn’t the only issue advocates want addressed during the State of the Union.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said ENDA and the executive order are part of a group of agenda items Obama should mention during his speech “to build on his stellar track record in the area of LGBT freedoms and justice.”

“This includes signing an executive order that bans discrimination against LGBT people working for federal contractors and pushing Congress on passing ENDA and fair immigration reform legislation,” Carey said. “We would also like to see him include LGBT people and families as examples in his references to domestic issues that all Americans care about such as jobs, the economy, and health care. And finally, we would like him to use use the word ‘transgender’ and to call for an end to violence against transgender people.”
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District of Columbia

Taste of Point returns at critical time for queer students

BIPOC scholar to speak at Room & Board event on May 2

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A scene from the 2022 Taste of Point. (Washington Blade file photo by Michael Key)

The Point Foundation will kick off May with its annual Taste of Point DC event. The event will be hosted at Room & Board on 14th Street and feature a silent auction, food tastings, a speech from a scholar, and more. 

Point’s chief of staff, Kevin Wright, said that at Taste of Point, the scholars are the star of the show.

“People never come to an event to hear Point staff speak, they come to hear from the people most impacted by the program,” he said. “At its core Taste of Point is designed to center and highlight our scholars’ voices and experiences.”

This year, a Point BIPOC Scholar, Katherine Guerrero Rivera will speak at the event. 

“It is a great opportunity to highlight the scholars out there on the front lines making impacts in almost every sector and job field,” Wright said. 

Wright pointed out that this year especially is a pivotal time for LGBTQ students. 

“In 2023, there were 20 states that passed anti-LGBTQ legislation,” he said. “By this point in [2024] we already have more.”

Wright said the impacts of those legislative attacks are far reaching and that Point is continuously monitoring the impact they have on students on the ground. 

Last month, The Washington Post reported that states with anti-LGBTQ laws in place saw school hate crimes quadruple. This report came a month after a non-binary student, Nex Bennedict, died after being attacked at school. 

“So, we see this as a critical moment to really step up and help students who are facing these challenges on their campus,” Wright said. “Our mission is to continue to empower our scholars to achieve their full academic and leadership potential.” 

This year Point awarded nearly 600 LGBTQ students with scholarships. These include the flagship scholarship, community college scholarship and the BIPOC scholarship. When the foundation started in 2002, there were only eight scholarships awarded. 

Dr. Harjant Gill is one of those scholars who said the scholarship was pivotal for him. Gill said he spent his undergraduate years creating films and doing activism for the LGBTQ community. 

As a result, his academic record wasn’t stellar and although he was admitted into American University’s graduate program he had no clue how he would fund it. 

Upon arrival to American he was told to apply for a Point scholarship and the rest was history.

“It ended up being the one thing that kept me going otherwise I would have dropped out,” he said. “Point was incredibly instrumental in my journey to becoming an academic and a professor.”

More than a decade later, Gill serves on the host committee for Taste of Point and is a mentor to young Point scholars. He said that he donates money yearly to Point and that when he is asked what he wants for a gift he will often tell his friends to donate too.

To attend the event on Wednesday, May 2, purchase tickets at the Point website. If you can’t attend this year’s Taste of Point DC event but would like to get involved, you can also donate online. 

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Caribbean

Dominica High Court of Justice strikes down sodomy law

Gay man challenged statute in 2019

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Dominica flag (Public domain photo)

Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.” 

Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

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