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DNC treasurer says lack of ENDA directive ‘frustrating and perplexing’

Speculation mounts that president will act after Biden address

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Andrew Tobias, DNC, Democratic National Convention, Democratic National Committee, gay news, Washington Blade
Democratic National Committee Treasurer Andrew Tobias says the lack of an ENDA executive order is "frustrating and perplexing" (Blade file photo by Michael Key).

Democratic National Committee Treasurer Andrew Tobias says the lack of an ENDA executive order is “frustrating and perplexing” (Blade file photo by Michael Key).

Democratic National Committee Treasurer Andrew Tobias has joined those expressing concern over why President Obama hasn’t signed an executive order barring LGBT discrimination among federal contractors, saying it should be signed and its absence is “frustrating and perplexing.”

Amid renewed questions over why Obama hasn’t signed the order following a speech from Vice President Joseph Biden in which he called the lack of LGBT protections “close to barbaric,” Tobias articulated his own concerns as he maintained that fighting for Democratic control of Congress is of utmost importance.

The DNC treasurer made the comments in an off-the-record listserv for LGBT donors via an email that was leaked to the Washington Blade.

“I agree 100% with those who say it should be signed, 100% with those who believe we should keep pressing, and 100% with those who say it’s frustrating and perplexing,” Tobias wrote. “But I think we would be crazy to let it diminish our efforts to hold the Senate, get Nancy her gavel back, and lay the groundwork for a huge LGBT supporter to win the White House in 2016. (All our plausible 2016 nominees are huge LGBT supporters.)”

Tobias, who’s gay, confirmed to the Washington Blade the email indeed came from him as did other individuals on the listserv, who said the message came from his email account on Wednesday. Notably, these individuals said Tobias told LGBT donors in his email that listserv members should feel free to quote him as expressing those views. Tobias also told the Blade to quote him as such.

The remarks are noteworthy for Tobias, who has a reputation for tamping down criticism and concern over the Obama administration and the DNC for not doing enough on LGBT rights. It has particular significance because it comes at a time when the DNC is busy raising money to hold onto the Senate during the congressional midterms.

Last year in another email to the listserv following concerns at that time over the executive order, Tobias maintained everyone within the administration supports it, but that a “process” is holding it up.

Tobias’ latest remarks follow continued frustration with Obama over why he continues to withhold the executive order, which LGBT advocates maintain is a 2008 campaign promise of his, after the No. 2 person in his administration called the lack of federal prohibition on LGBT workplace discrimination “close to barbaric.”

Biden made the remarks while calling on Congress to pass the Employment Non-Discrimination Act, legislation that would bar anti-LGBT workplace discrimination, while speaking to about 1,000 attendees at the Human Rights Campaign annual dinner in Los Angeles.

“If you think about it, it’s outrageous we’re even debating this subject,” Biden said. “I really mean it. I mean it’s almost beyond belief that today, in 2014, I could say to you, as your employee in so many states, you’re fired, because of who you love.”

The vice president never mentioned the much sought executive order in his speech, but LGBT advocates questioned why Obama hasn’t acted on the directive if the lack of protections is so barbaric. Some advocates also projected a scenario in which Obama would sign the order as a result in the days ahead.

After all, Biden’s endorsement of marriage equality on “Meet the Press” in 2012 preceded Obama’s own endorsement of marriage equality by just three days and was seen as a trigger for the president’s announcement.

Darlene Nipper, deputy executive director of the National Gay & Lesbian Task Force, was among those envisioning the executive order coming shortly from Obama as a result of the Biden address.

“As we saw with marriage equality, Vice President Biden is sometimes the person who will preview a presidential decision,” Nipper said. “So let’s hope his recent comments means that a non-discrimination executive order is imminent from President Obama.”

The White House didn’t respond to a request for comment about any updates on the possible executive order. Last week, White House Press Secretary Jay Carney reiterated the administration’s preference for legislation to bar LGBT workplace discrimination when asked by the Washington Blade about a letter signed by more than 200 Democrats calling for the directive.

“There is no question, I think, in anyone’s mind that the passage of legislation, the Employment Non-Discrimination Act, would provide those protections broadly in a way the EO would not,” Carney said. “And as I’ve said before, opposition to that legislation is contrary to the tide of history and those lawmakers who oppose this will find, in the not too distant future, that they made a grave mistake and that they will regret it.”

But Biden’s description of the lack of LGBT workplace non-discrimination rules as “close to barbaric” and the continued absence of an executive order that would institute them riled members of the LGBT donor listserv, who pestered Tobias with emails over why it hasn’t been done.

In another email earlier in the week, the DNC treasurer said the best approach to the situation is highlighting stories of people harmed by the lack of the directive as well as studies showing the scale of the problem — in addition to working for Democratic electoral gains in 2014 and 2016.

Heather Cronk, managing director of the LGBT grassroots group GetEQUAL, said Biden’s use of “barbaric” to describe anti-LGBT workplace discrimination should be the driving force prompting Obama to take executive action.

“In fact, Biden’s remarks are exactly where the rest of the country is — given that 90 percent of Americans think there is already a federal law in place, one would think that this comment from Biden would kick start a commitment by the Obama administration to lead on this issue and to sign this executive order without delay,” Cronk said. “Anything less is simply dangling equality in front of our noses, hoping that we’ll show up for midterms — which is, indeed, barbaric.”

For its part, the White House continues to advocate for ENDA as pressure builds on Obama to sign the executive order.

Shin Inouye, a White House spokesperson, referenced the idea of ENDA supporters starting a discharge petition in the House to bring the bill up for a vote. A successful discharge petition requires 218 names, the same number of individuals needed to pass legislation on the House floor.

“The President continues to believe that the House should join the Senate and pass ENDA so he can sign it into law,” Inouye said. “We would welcome efforts to bring this legislation to the floor for a vote.”

LGBT advocates have told the Blade that a discharge petition should be considered a last resort to pass ENDA because the tactic is viewed as a criticism of leadership for not advancing a bill. Senate Majority Leader Harry Reid dismissed the idea of the petition when speaking with reporters late last year, saying Republican leadership would discourage members from signing it before it reached 218 names.

Meanwhile, LGBT advocates have amped up their efforts to encourage U.S. House Speaker John Boehner to bring up ENDA for a vote in the House. The coalition known as Americans for Workplace Opportunity, which helped guide the Senate to pass ENDA on a bipartisan basis in September, is putting up more than $2 million to pass ENDA in the chamber. Much of the money is coming from Republican superdonors Paul Singer and Seth Klarman, who each donated $375,000.

Fred Sainz, vice president of the Human Rights Campaign, said even with the push for ENDA, Obama has “absolutely no reason” to delay in signing an executive order on behalf of LGBT workers.

“This easily has to be the most studied and mulled-over executive order in history,” Sainz said. “The leadership of this president and his entire administration on issues important to LGBT equality has been absolutely tremendous. The decision to apply nondiscrimination protections to the workers of federal contractors will fit in nicely with his historic legacy on LGBT equality.”

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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